"It Depends" Is Usually The Answer

As Seen in Thunder Road Magazine

 

 A while back I wrote an article for this magazine entitled “Motorcyclists Often Get Shafted.”  In it, I explained how motorcyclists are treated differently under Michigan law than operators of cars.  For example, after a crash, a motorcyclist cannot get his deductible reimbursed from the at-fault car driver.  Actually that’s generally speaking; the more accurate answer is, “It depends.” 

 

There are usually exceptions to the laws that apply to motorcyclists.  Nuances exist because Michigan's No-Fault law is very fact specific, often not logical, and works differently if a motorcycle is not the vehicle involved.
All of the following statements are true and are printed here in an attempt to educate you on the law and expose these nuances.  Reading all of my statements on the topic together may give you an insight as to the specific difference.
 
Damage to Motorcycle
-  A motorcyclist cannot get his collision deductible reimbursed by an insured car driver (or his insurance company) that rear ends him on the road.
-  A motorcyclist can get his collision deductible reimbursed by an uninsured car driver that rear ends him on the road.
-  A motorcyclist can get his collision deductible reimbursed by the insurance company of the car that ran over his motorcycle when it was parked between the lines at a shopping center.
-  A motorcyclist with no collision coverage can force the insurance company of the car that ran over the motorcycle to pay for all the damage when it was parked between the lines at a shopping center.
-  An uninsured car driver who causes a wreck is responsible for the collision damage to the motorcycle.
-  A car driver can get his deductible reimbursed by a negligent car driver.  A motorcyclist cannot get his deductible reimbursed from a negligent car driver. 
- The insurance company for the driver of a motorcycle that hits another motorcycle is responsible for the collision damage to the bike that was struck.
-  If a drunk driver of a car, who has insurance, losses control and hits a motorcycle on the road, the insurance company on the car does not have to pay for any damage to the motorcycle.
No-Fault Benefits
-  The owner and operator of an uninsured motorcycle is NOT entitled to Michigan No-Fault benefits when rear ended by an insured, drunk truck driver.
-  A passenger of a motorcycle is always entitled to No-Fault benefits so long as a car, truck, van, SUV, or similar motor vehicle is involved in the crash.
-  Contact with a motor vehicle is NOT required for a motorcyclist to qualify for, or obtain, Michigan No-Fault benefits.
-  An operator of a motorcycle that is owned by his friend but is uninsured is entitled to No-Fault benefits when a car hits him.
-  An insured motorcyclist that rear ends a car is entitled to No-Fault benefits from that car’s insurance company.
-  An insured motorcyclist who wrecks from going wide and hitting a tree is NOT entitled to No-Fault benefits.
-  A motorcyclist that gets hit by another motorcyclist is NOT entitled to No-Fault benefits.
-  The insurance company on the policy of the motorcycle never pays the No-Fault Benefits of the biker (it may pay some medical bills if certain coverage was purchased).
-  The owner and operator of an uninsured motorcycle is hit by a semi-truck and incurs $95,000 in medical bills—the motorcyclist is NOT entitled to No-Fault benefits and is stuck with the bills.  The bills do not have to be paid by the semi truck’s driver, owner or insurance company.
 
Confused? It is because the facts significantly affect the outcome when applying Michigan law in a motorcycle related crash.  For further explanations, read the FAQs or watch the short videos on www.motorcyclelawyermichigan.com
 
Have a great New Year---
Jason 
 

 

 

 

Attorney Jason A. Waechter is a Michigan attorney specializing in the areas of motorcycle and motor vehicle injury litigation as well as Michigan’s Motor Vehicle No- Fault Law. Mr. Waechter has collected millions of dollars in settlements, awards and verdicts for his motorcycle clients over the past 20 years.  A portion of each case settled goes to educational resources for bikers, funds to help bikers while their cases are being litigated and our motorcycle accident prevention campaign.  Call Attorney Jason Waechter toll free at 1-877-BIKER LAW. Or visit

* There are exceptions—if the guy was uninsured.  Further, the law is very fact dependent and there are many nuances and exceptions depending on your particular circumstances. Therefore, given the limited space, it is impossible to cover everything. Do not rely on this short article to protect your rights.