The 3 Claims After a Motorcycle Crash

The Motorcycle Legal Minute™ was created by Jason Waechter, THE Motorcycle Lawyer, to explain Michigan’s motorcycle law in a short and easy to understand way.

After a motorcycle accident with a car, truck or van, there are three possible claims for the injured motorcyclist:  

First, there is the No-Fault claim filed with the insurance company of the car involved in the crash.  If they don’t have insurance, don’t worry - you just follow a list of priorities to find the next proper insurance company to pay. Your motorcycle insurance never pays No-Fault benefits.  Caveat: if you don’t have insurance on your motorcycle, you’re excluded.

Second, there is the possible Injury Claim against the negligent car driver which in essence is with his or her insurance company. We also refer to this claim as the Third Party Claim or Negligence Claim. To qualify for any compensation, you have to have a threshold level injury.

A threshold level injury is met with a death, a permanent serious disfigurement or a serious impairment of body function, which basically means it has a physical basis, affects an important body function and significantly affects your life.

The last claim after a motorcycle wreck with a motor vehicle is a Collision Claim. It is with your motorcycle insurance company. That is, if you purchased it. Another caveat: motorcyclists can’t go after the insured car driver that caused the accident for damage to his bike. 

So, remember that when deciding what coverage you are going to have. 

There are a few exceptions.  For those and other details, see our eBooks: