Much of this information is covered in the DVD I wrote & produced. The DVD and I were, featured on Fox T.V. 2's News morning program. I created the DVD and spent over $50,000 on it because I AM SICK OF MICHIGAN MOTORCYCLESTS GETTING SHAFTED!
Michigan bikers often get shafted under our present law and how insurance companies and policies treat us. Some examples are:
1. If the driver that hit you has insurance, you can not get your deductible paid by him or his insurance company. This is different from if you were in your car, truck or van and an example of how we bikers get shafted.
2. In order for anyone to be entitled to No-Fault Benefits (medical bills paid for life, 85% of your wage loss *, $20.00 a day for house hold chores, medical mileage, and attendant care) a "motor vehicle" must be "involved" in the crash. A "motorcycle" is not a "motor vehicle" as defined by Michigan's No-Fault Law. This is significant because a biker often is injured when there is not "motor vehicle" involved. Examples include: hitting an animal, loose gravel, pot holes, defective roadway, or another "motor cycle"; in each of these examples a biker would not be entitled to No-Fault Benefits.
3. Accessories and customization to your motorcycle is often not covered by insurance. Often we spend tons of money on customizing our bikes and when there is a loss, only then do we find out that none or only a very limited amount of it is covered by the insurance that we purchased. Some motorcycle policies come with $1,000 worth of accessories coverage; some with none. You can purchase an accessories rider on your policy to cover your customization. I recommend calling an independent agent to discuss this.
On the DVD I try to dispel some of the many myths and misconceptions about Michigan's confusing and often illogical Motorcycle Law. Some include:
- Urban Myth: “If I have ‘full coverage’ on my bike, I’m covered for everything.”
- Answer: No. There is no standard or legal definition of “full coverage.” You need to specifically ask for the coverage you want.
Urban Myth: “The other vehicle has to pay my medial bills.”
- Answer: It Depends. If a car, truck, van or other “Motor Vehicle” (not motorcycle) is “involved” a biker usually qualifies for No-Fault Benefits.*
- Urban Myth: “In Michigan I have three years to file claims and lawsuits.”
- Answer: No. You do have three years to sue for a negligence case, however, you only have one year to do many other things.
- Urban Myth: “If I have collision coverage on my cycle, all my accessories and custom work is covered.”
- Answer: No.
*Exception: If you are riding your own uninsured motorcycle, you will not be paid wage loss, medical bills or other No-Fault Benefits. Make sure you insure your bike.
There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for case specific legal advice. Your legal rights greatly depend on the facts of your accident.
Negligence Case: Michigan motorcyclists are protected under Michigan motorcycle law that makes negligent drivers responsible and liable to Michigan motorcyclists. A bike who is involved in a Michigan motorcycle accident may obtain compensation for his or her injuries that were caused by the other driver’s negligence. Damages may include payment for pain and suffering, scarring, disfigurement, loss of enjoyment of life, economic loss, no fault benefits, and more. What follows are some of the relevant law involving motorcycles in the State of Michigan.
If you sustained an injury due to a Michigan motorcycle accident and you haven’t contacted a lawyer about your Michigan motorcycle accident, the best thing you can do for yourself is contact us NOW. We’ll listen to you and help you understand your options.
Even the phone call is free, and there is no obligation. Don’t wait until it’s too late, make a simple call and talk to attorney Jason Waechter, The Motorcycle Lawyer.
1-877-Biker-Law (1-877-245-3752).
Ø Michigan Helmet Law: Helmet required. (Chapter VI. Obedience To and Effect of Traffic Laws. Operation of Bicycles, Motorcycles and Toy Vehicles. Section 257.658)
Ø
257.658. Bicycles, motorcycles, mopeds, electric personal assistive mobility devices, autocycles; operators and riders, seating, number, crash helmets, seat belts; rules
(4) A person operating or riding on a motorcycle in Michigan, and any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash helmet
Ø Eye Protection: Not required
Ø No-Fault Insurance: Michigan is a no-fault state. [500.3101]
500.3101. Security for payment of benefits; definitions
Sec. 3101. (1) The owner or registrant of a motor vehicle required to be registered in this state shall maintain security for payment of benefits under personal protection insurance, property protection insurance, and residual liability insurance. Security shall only be required to be in effect during the period the motor vehicle is driven or moved upon a highway. Notwithstanding any other provision in this act, an insurer that has issued an automobile insurance policy on a motor vehicle that is not driven or moved upon a highway may allow the insured owner or registrant of the motor vehicle to delete a portion of the coverages under the policy and maintain the comprehensive coverage portion of the policy in effect.
Ø Michigan no fault benefits:
· Michigan motorcyclists are entitled to Michigan No-Fault benefits only if they are involved in a crash with a "motor vehicle."
· Michigan motorcyclists and passengers are not entitled to no-fault benefits if involved in a crash with another motorcycle.
· Michigan sets no monetary limit on the amount of care provided. Unlimited medical payments for life.
-Note: If you do not have the required minimum insurance on your motorcycle in Michigan, you cannot get no-fault benefits under Michigan law.
Ø Michigan required insurance for motorcyclists: Yes, a Michigan motorcycle must be insured.
Ø State Insurance Requirements: Minimum – Compulsory Liability
Ø Motorcycle has requirement minimum insurance- Who’s responsible to pay?
MCLA 500.3114
Persons entitled to personal protection insurance benefits or personal injury benefits; recoupment barred; order of priority for claim of motor vehicle occupant or motorcycle operator or passenger; 2 or more insurers in the same order of priority; partial recoupment.
1) Insurer of Owner or Registrant of the Motor Vehicle Involved in the Motorcycle Accident
[MCLA 500.3114(5)(a)]
2) Insurer of the Operator of the Motor Vehicle Involved in the Motorcycle Accident
[MCLA 500.3114(5)(b)]
3) Motor Vehicle Insurer of the Operator of the Motorcycle Involved in the Motorcycle Accident
[MCLA 500.3114(5)(c)]
4) Motor Vehicle Insurer of the Owner or Registrant of the Motorcycle Involved in the Motorcycle Accident
[MCLA 500.3114(5)(d)]
5) Motor Vehicle Insurer of the Owner of the Motor Vehicle of Resident Relative to Victim in the Motorcycle Accident
[MCLA 500.3114(1)]
6) The resident relative of the injured motorcyclist (driver or passenger) [see MCL 500.3114(1)] If none then, [OTHER LAWYERS DON'T HAVE THIS DETAIL ON THEIR SITES]
7) Assigned Claims Facility
[MCLA 500.3172]
Ø Negligence:
Michigan owner of a motor vehicle is responsible for negligence of a driver of a motor vehicle who causes a Michigan motorcycle to crash.
257.401.
Civil actions for injuries to person or property resulting from operation of motor vehicle; liability of owners or operators, lessors or lessees, dealers
Sec. 401. (1) This section shall not be construed to limit the right of a person to bring a civil action for damages for injuries to either person or property resulting from a violation of this act by the owner or operator of a motor vehicle or his or her agent or servant. The owner of a motor vehicle is liable for an injury caused by the negligent operation of the motor vehicle whether the negligence consists of a violation of a statute of this state or the ordinary care standard required by common law. The owner is not liable unless the motor vehicle is being driven with his or her express or implied consent or knowledge. It is presumed that the motor vehicle is being driven with the knowledge and consent of the owner if it is driven at the time of the injury by his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the family.
-This applies to Michigan motorcycle accidents.
Ø 2 Types of Claims:
1) First-Party No-Fault Claim: Injured party’s insurer reimburses them for:
· Medical Expenses
· Wage Loss
· Replacement Service
· Medical Mileage
· Attendant Care
500.3103.
Motorcycles, security requirements; first-party medical benefits;
Sec. 3103.
(1) An owner or registrant of a Michigan motorcycle shall provide security against loss resulting from liability imposed by law for property damage, bodily injury, or death suffered by a person arising out of the ownership, maintenance, or use of that Michigan motorcycle. The security shall conform with the requirements of section 3009(1). [FN1]
(2) Each insurer transacting insurance in this state which affords coverage for a motorcycle as described in subsection (1) also shall offer, to an owner or registrant of a motorcycle, security for the payment of first-party medical benefits only, in increments of $5,000.00, payable in the event the owner or registrant is involved in a motorcycle accident. An insurer providing first-party medical benefits may offer, at appropriate premium rates, deductibles, provisions for the coordination of these benefits, and provisions for the subtraction of other benefits provided or required to be provided under the laws of any state or the federal government, subject to the prior approval of the commissioner. These deductibles and provisions shall apply only to benefits payable to the person named in the policy, the spouse of the insured, and any relative of either domiciled in the same household.
2) Third-Party Claim: Injured party brings suit against negligent motor vehicle operator. This cannot cover damages that have already been paid by the injured party’s First-Party Claim with their own insurance company.
Ø Statute of Limitations for Michigan motorcycle accident:
· First-Party Claim: Must file notice within 1 year of accident.
· Third-Party Claim: 3 year Statute of Limitations.
Ø Exceptions:
-Minors: Have until 1 year after the 18th birthday
-Military personnel
-Mentally incompetent
Ø Threshold Injury Requirement: Required in order to recover non-economic damages from crash.
· Serious Impairment of Body Function
· Permanent Serious Disfigurement
· Death
· Closed Head Injury
500.3105 Insurer liable for personal protection benefits without regard to fault; “bodily injury” and “accidental bodily injury” defined.
Sec. 3105.
(1) Under personal protection insurance an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter.
(2) Personal protection insurance benefits are due under this chapter without regard to fault.
(3) Bodily injury includes death resulting therefrom and damage to or loss of a person's prosthetic devices in connection with the injury.
(4) Bodily injury is accidental as to a person claiming personal protection insurance benefits unless suffered intentionally by the injured person or caused intentionally by the claimant. Even though a person knows that bodily injury is substantially certain to be caused by his act or omission, he does not cause or suffer injury intentionally if he acts or refrains from acting for the purpose of averting injury to property or to any person including himself.
Ø Damage to Motorcycle: Must carry collision insurance to cover your motorcycle to recover money for damages to the motorcycle.
- Motorcyclists cannot sue negligent motor vehicle operators for damages to their bikes.
*However, note that there are a few exceptions.
Ø Michigan hit-and-run accident: Depending on the insurance you have on your motorcycle, you may be able to file a claim for your injures if you are in an Michigan motorcycle accident. This applies even if you do not know who hit you.
*There are many exceptions, special definitions and complex issues that cannot be explained in this material. It is not intended to be a substitute for specific legal advice. Your legal rights greatly depend on the facts of your accident.
*Law changes constantly. Do not rely on this information. Law is vast and can not be covered in this limited space.
***Law portion of site in progress. Michigan motorcycle law regarding Michigan motorcycle accidents is being drafted and will be updated soon. Please call our firm for a free consultation to see if you have a case.
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