Click on the Questions below to find out the Answers:

 

What type of Insurance Claims Do Michigan Motorcyclists Have?

What is an injury claim for Michigan motorcyclists?
What is a no-fault claim for a Michigan motorcyclist?
What claims do Michigan motorcyclists have for damage to their motorcycles?
What if my motorcycle was uninsured at the time of my crash?

Michigan Motorcycle Accident Injuries

When can a Michigan motorcyclist be compensated for his or her injury?”
Does an injury have to “really bad” (threshold level injury) in order to be compensated?
What are the different ways a Michigan motorcyclist can qualify for pain & suffering compensation?
How long does a Michigan motorcyclist have to file an injury claim or lawsuit?
What if my Michigan motorcycle accident involved a hit-and-run driver?
Can a Michigan motorcyclist obtain compensation even when the other driver is uninsured?
What if the motorcycle crash occurred because of a road defect or a pothole?

What if the motorcyclist was injured because of the negligence of another motorcyclist?

 

Michigan Motorcycle Accidents and Michigan Wrongful Death Act

How does a claim or lawsuit work when the motorcyclist dies in the crash?
Who is legally responsible for the funeral bills after a fatal Michigan motorcycle wreck?
What no-fault benefits can be paid to the family of a loved one killed in a motorcycle accident?

 

Michigan Motorcycle Accidents & the No-Fault law

When is a Michigan motorcyclist entitled to no-fault benefits?
What are the no-fault benefits in a Michigan biker may be entitled to?
Whose insurance company pays my no-fault benefits?
How is my wage loss handled after a Michigan motorcycle accident?
How are the medical bills handled?
What is attendant care?
Is contact required between my motorcycle and the other vehicle to qualify for no-fault benefits?
Does Michigan's no-fault law apply to motorcycle riders?

Damage to my motorcycle

What is Michigan's mini tort exception and does it apply to motorcycles?
Can I get the other driver to pay my motorcycle insurance deductible?
What about the extras I put on my bike like accessories and custom paint?

Michigan Motorcycle Insurance

Must Michigan motorcyclists carry insurance on their motorcycles?
I thought I had full coverage, is there such a thing?
What does my motorcycle insurance pay for?
What if the other guy that hit me is uninsured?

Time limits for a Michigan motorcycle lawsuit

How much time do I have to file a no-fault claim?
How much time do I have to file a personal injury lawsuit?
How much time do I have to sue a no-fault carrier for unpaid bills and benefits?
How much time do I have to sue a bar that over-served a drunk driver?

 

Michigan motorcycle required safety gear

Must all Michigan motorcyclists wear a helmet?
What other safety gear is required by law for a Michigan biker?

Common Questions

Who pays for the damage to my motorcycle after a Michigan motorcycle accident?

What is Michigan Mini-Tort payment for damage to a Motor Vehicle and can a Michigan motorcyclists get it?

If I purchased Collision Coverage on my motorcycle, are all the extras, accessories, and customization that I added covered?

What are the Michigan No-Fault Benefits?

When is a Michigan motorcyclists entitled to No-Fault benefits?

What is “full coverage” on my Michigan motorcycle?

What is the minimum coverage I need in Michigan to be legal?

What if a Michigan motorcyclist  was involved in a hit-and-run Michigan motorcycle accident where I do not know who the at-fault driver is?

What if I did not have insurance on my Michigan motorcycle, do I have any claims?

 

What type of insurance claims may a Michigan motorcyclist have?

 

What is an injury claim for Michigan motorcyclists?

After a Michigan motorcycle accident, the biker and/or his passenger may be entitled to compensation heir pain and suffering, disfigurement*, death, noncovered medical bills,  and/or excess wage loss. This is called a third-party claim and is against the negligent driver, often along with his company or owner of his vehicle. The other driver must've done something negligent or unreasonable.

 

What is a no-fault claim for a Michigan motorcyclist?

Michigan motorcyclists may file a no-fault claim with the appropriate insurance company to pay for no-fault benefits which include lost wages, medical expenses for life, payment for household chores, medical transportation expenses and medical attendant care.  If the Michigan motorcyclists was the driver and owner of his bike and it was uninsured at the time of the crash he would be excluded from no-fault benefits.

What claims do Michigan motorcyclists have for damage to their motorcycles?

After a Michigan motorcycle wreck, the owner of the motorcycle can only receive payment for the damage of the motorcycle from his own insurance company.  In order to have an insurance company pay for the repairs of the motorcycle or the replacement value of the, the biker must have purchased collision coverage.  The biker's deductible is not collectible from the other driver or his insurance company.  There are exceptions: a couple include if the other vehicle that hit you with the motorcycle or if you are motorcycle was reasonably parked the other guy's insurance company may pay for the damage.

What if my motorcycle was uninsured at the time of my crash?

By law you are required to insure your motorcycle with just the basic 20/40 bodily injury policy.  Failure to have this required insurance will mean the owner and driver of the motorcycle will not be entitled to no-fault benefits. However, an uninsured owner /operator of a motorcycle may still have a third-party or pain and suffering case against the negligent driver. 

 

The Michigan motorcycle accident injury case

 

When can a Michigan motorcyclist be compensated for his or her injury?

After a Michigan motorcycle wreck, the biker or his passenger may be entitled to compensation for his or her pain and suffering, death, scaring and/or excess wage loss.  The other driver must have done something negligent or unreasonable and the result to the biker must be of a certain degree. See below

Does an injury have to “really bad” (threshold level injury) in order to be compensated?

In order to qualify for compensation and a third-party claim (injury or death claim), you must suffer a permanent serious disfigurement, a head injury, a serious impairment of body function, or death.  Most people fall under the category of serious impairment of a body function which is defined as:
 1. The injury is medically identifiable or a condition that has a physical basis;
 2. The injury must affect an “important body function”; and
 3. The injury must affect your general ability to live your normal life.

What are the different ways a Michigan motorcyclist can qualify for pain & suffering compensation?

Please see the answer to the question immediately above this one.

How long does a Michigan motorcyclist have to file an injury claim or lawsuit?

After a Michigan motorcycle accident a lawsuit must be filed within three years of the date of the accident. There are exceptions for minors who have until age 19.

What if my Michigan motorcycle accident involved a hit-and-run driver?

An operator or passenger of a Michigan motorcycle crash may still receive compensation for injury or death even if the other driver hit and ran and his identity is unknown-- this is provided that there is uninsured motorist coverage available to the victim.  The operator of the motorcycle would typically look to the motorcycle's insurance for uninsured motorist coverage. A passenger or non-owner of the motorcycle may be able to collect from a vehicle they own or is in their household if they too purchased uninsured motorist coverage.  See recommended insurance on this site. 

Can a Michigan motorcyclist obtain compensation even when the other driver is uninsured?

An operator or writer of a Michigan motorcycle involved in the motorcycle crash may still obtain restitution for damages.  -- this is provided that there is uninsured motorist coverage available to the victim.  The operator of the motorcycle would typically look to the motorcycle's insurance for uninsured motorist coverage. A passenger or non-owner of the motorcycle may be able to collect from a vehicle they own or is in their household if they too purchased uninsured motorist coverage.  See recommended insurance on this site.

What if the motorcycle crash occurred because of a road defect or a pothole?

Because a “motor vehicle” was not involved in the crash, no-fault benefits will not be paid.  However all damages may be recovered from entity responsible for the roadway. This could be Michigan Department of Transportation or MDOT/the state of Michigan or a construction company that did or was doing work on the roadway. 

What if the motorcyclist was injured because of the negligence of another motorcyclist?

Because a “motor vehicle” was not involved in the crash, no-fault benefits will not be paid.  However all damages may be recovered from the other motorcyclist or his insurance policy if the other biker was negligent.

Michigan Motorcycle Accident and Michigan Wrongful Death Act

 

How does a claim or lawsuit work when the motorcyclist dies in the crash?

When there is a fatal Michigan motorcycle crash, m typically the spouse, children, parents, grandparents and siblings qualify for compensation.  The lawsuit for a wrongful death claim involving a motorcyclist is for the loss of financial support, services, parental training and guidance, companionship, funeral and burial expenses and conscious pain and suffering.  It is against the other driver who was negligent in his or her insurance company would cover the loss.

Who is legally responsible for the funeral bills after a fatal Michigan motorcycle wreck?

Any unpaid funeral or burial expenses that are not covered by the victim’s motorcycle insurance policy or other vehicle policies would be claimed in the third-party or wrongful death negligence suit against any and all at fault parties.

What no-fault benefits can be paid to the family of a loved one killed in a motorcycle accident?

 In a Michigan motorcycle wrongful death case, no-fault benefits are paid when the victim leaves behind “dependents.”  Usually dependents are children, or a spouse that are financially being taken care of. Often times they include other people like a stepchild or parent.  The no-fault benefits that could be paid would include wage loss and household chores or services.  The other no-fault benefits are paid provided there is no exclusion (like the driver and owner of the motorcycle feel they have insurance on his bike).  This would include the payment of any medical bills for a medical treatment the motorcyclist may have received before he or she died.

Michigan Motorcycle Accidents & the No-Fault law

 

When is a Michigan motorcyclist entitled to no-fault benefits?

After Michigan motorcycle wreck, the operator or passenger of the motorcycle is entitled to no-fault benefits provided that a “motor vehicle” was “involved” in the accident. A “motor vehicle” does not include a motorcycle and typically means a car, truck, SUV, bus or RV.  There does not have to be contact. Certain exclusions apply.  The major one usually is the driver and owner of the motorcycle was uninsured.

What are the no-fault benefits in a Michigan biker may be entitled to?

Michigan motorcyclists may file a no-fault claim with the appropriate insurance company to pay for no-fault benefits which include lost wages, medical expenses for life, payment for household chores, medical transportation expenses and medical attendant care.  If the Michigan motorcyclists was the driver and owner of his bike and it was uninsured at the time of the crash he would be excluded from no-fault benefits.

Whose insurance company pays my no-fault benefits?

There is a list in order of priorities as to which insurance company must pay a Michigan motorcyclist’s no-fault benefits.  First you look to the “motor vehicle” “involved” in the crash.  If there is no insurance there, you proceed down a priority list of insurance companies and till insurance is found. The party list for bikers is:

1. Insurance company of the owner of the motor vehicle involved;
2. Insurance company of the driver of the motor vehicle involved;
3. The car** insurance company of the motorcycle operator;
4.  The car** insurance company of the motorcycle owner;
5.  The car** insurance company of a resident relative of the motorcyclist;
6. The Michigan Assigned Claims Facility;

How is my wage loss handled after a Michigan motorcycle accident?

If you qualify for Michigan no fault benefits, the appropriate motor vehicle insurance company must pay you 85% of your lost wages, up to $5,800* (2021) (this amount goes up a little bit each year for inflation) per month for up to three years.  Any excess can be claimed in the third-party or injury claim/suit.

How are the medical bills handled?

Medical bills of the motorcyclist in Michigan must be submitted to the appropriate motor vehicle insurance company responsible for his or her no-fault benefits.  The insurance company must pay all medical bills that are for the treatment, diagnosis, rehabilitation for any injuries sustained in the crash. This includes medical equipment and nursing home care.  The medical treatment must be reasonably necessary and reasonable in amount. 

What is attendant care?

Attendant care is a medical expense where the victim of the motorcycle rack needs certain things done for him or her. Typically we think of nursing type care but it also includes things that a home health aide may do such as monitoring the patient, bringing food, dispensing medication, bathing, helping with toileting etc.  a private nursing company may be paid for this care, but also family members may be paid for doing these tasks.  Our law firm has been very successful in having spouses of injured motorcyclists paid tens of thousands of dollars for taking care of their loved one.

Is contact required between my motorcycle and the other vehicle to qualify for no-fault benefits?

Contact is not required in order for a Michigan motorcyclist to qualify for no-fault benefits. All that is required is that a “motor vehicle” meaning a car, truck, van, bus, SUV, RV and the like (not a motorcycle) be “involved” in the motorcycle crash. 

Does Michigan's no-fault law apply to motorcycle passengers?

A passenger on a Michigan motorcycle involved in a crash is entitled to no-fault benefits, again provided that a “motor vehicle” was “involved” in the motorcycle wreck. The same benefits are available. See above in the same section. However, the main exclusion (that the motorcycle was uninsured) of these benefits to bikers does not apply because the exclusion only applies to the owner and operator of the motorcycle and not a passenger.
 

Damage to my motorcycle

 

What is Michigan's Mini Tort Exception and does it apply to motorcycles?

In Michigan you cannot pursue the other driver for damage to your vehicle (car truck van or motorcycle etc.).  The no-fault law changed the ability to do so.  The idea is if you want to have your vehicle fixed or replaced after an accident you have to buy collision coverage.  If you do not, you're out of luck.  For “motor vehicles” (cars, trucks, vans, SUVs, RVs, buses, but not motorcycles) may obtain up to $1,000 from an at-fault driver or his insurance company. This is called the Mini Tort Exception.  The idea is to reimburse the innocent driver for their deductible.  Motorcyclists get shafted here.  A motorcyclist is not entitled to this money.  Therefore when you ensure your motorcycle know that you'll not be able to collect your deductible from any other source.  There are few exceptions where you can get your bike's damage paid: if it is reasonably parked when struck, of another motorcycle hit your bike, and it the at-fault driver is uninsured.

Can I get the other driver to pay my motorcycle insurance deductible?

The short answer is no.  Motorcyclists get shafted here.  A motorcyclist is not entitled to reimbursement for a collision deductible.  Therefore, when you ensure your motorcycle know that you'll not be able to collect your deductible from any other source.  The two main exceptions are the other driver was uninsured and your motorcycle was recently parked when struck.

What about the extras I put on my bike like accessories and custom paint?

Most collision policies do not cover all your custom work or accessories. If you have customized your motorcycle, you may want to purchase an Accessories Insurance Rider. Ask your agent what is covered on your policy. Some policies come with a minimal amount of accessories coverage; often it is $1,000. This coverage is not required but we will recommend it.

Michigan Motorcycle Insurance

Must Michigan motorcyclists carry insurance on their motorcycles?

Yes it is the law that a motorcycle that is driven on a public roadway or highway must have a minimum 20/40 bottle injury coverage.  Please see elsewhere on the website for recommended insurance.

“I thought I had full coverage,” is there such a thing?

There is no definition of “full coverage”.   You must specify what coverage you want on your vehicle including your motorcycle.  We receive many calls where the biker says, “I asked for full coverage” but they did not end up getting uninsured motorist coverage or underinsured motorist coverage that they ultimately ended up needing.

What does my motorcycle insurance pay for?

Your Michigan motorcycle insurance policy will cover your negligence up to the amount of bodily injury coverage you purchase.  You may have purchased collision coverage which would pay to have your motorcycle fixed or replaced.  It may cover some of your accessories or all of them and the customization to your bike provided you bought additional insurance.  Optional medical coverage can be purchased on a motorcycle policy.  Usually this is expensive and in this lawyer's opinion is not necessary if you have health insurance.* 

If the other guy that hit me is uninsured?

If the at fault driver that hit she was uninsured or is unknown say in a hit and run accident, you may recover for your injuries from your own insurance policy provided you purchase additional uninsured motorist coverage.  Please see elsewhere on this site for recommended insurance.

Time limits for a Michigan motorcycle lawsuit

How much time do I have to file a no-fault claim?

You have one year to file a no-fault claim with the appropriate no-fault insurance company after a Michigan motorcycle accident.

How much time do I have to file a personal injury lawsuit?

A Michigan motorcyclist has up to three years to file a personal injury lawsuit involving a motorcycle wreck.

How much time do I have to sue a no-fault carrier for unpaid bills and benefits?

All no-fault benefits including medical bills must be submitted to the appropriate no-fault carrier within one year of the date they were incurred.  Further a lawsuit must be filed before any medical bill or no-fault benefit becomes over one year old.  Just submitting the bill without filing the lawsuit within one year will not protect you.

How much time do I have to sue a bar that over-served a drunk driver?

The case against a bar, a convenience store or anyone or entity holding a liquor license and Michigan must be filed within two years of the crash or injury. If the driver was under 21 years old, you could have a claim against whoever supplied the minor with alcohol.  In order to have such a case, there may be certain notice requirements as well.

Michigan motorcycle required safety gear

 

Must be Michigan motorcyclists wear a helmet?

A Michigan motorcycle operator is not required to wear a helmet. Motorcycle operators may ride without a helmet provided they meet the following criteria:

-21 years of age or older, AND

-Have at least $20,000 of "first-party medical benefits" coverage, AND

-Have has a motorcycle endorsement for more than two years OR earned a motorcycle endorsement by passing an accredited or certified motorcycle safety course.

 

A passenger of a motorcycle may ride without a helmet provided they meet the following criteria:

-The passenger is at least 21 years of age, AND

-Is also covered for at least $20,000 of "first-party medical benefits" (either by the operator's cycle insurance or their own).

What other safety gear is required by law for a Michigan biker?

See our Michigan Motorcycle Law page.

* There are many exceptions, special definitions and complex issues that cannot be explained on this website. It is not intended to be a substitute for case specific legal device. Your legal rights greatly depend on the facts of your Michigan motorcycle accident.  These materials are meant to be informative and provide a basic understanding of the no-fault rights and other legal rights of a Michigan motorcycle accident victim.  This is not a complete in all encompassing informative guide to law. Every year in Michigan the no-fault law and Michigan motorcycle law changes in some fashion.
New laws are passed and the Court of Appeals and the Michigan Supreme Court decide cases that change the law. As a result, we recommend that you contact a licensed attorney who specializes in this area of law.

 Common Questions

	Who pays for the damage to my motorcycle after a Michigan motorcycle accident?
	The at-fault driver is not responsible for any damage done to your motorcycle—not even your deductible.  If you want your motorcycle replaced or fixed you need to buy Collision Coverage with your insurance company.  Exception: you can force the other driver to pay if he was uninsured, if your motorcycle was reasonably parked or if another motorcycle caused the damage.
	What is Michigan Mini-Tort payment for damage to a Motor Vehicle and can a Michigan motorcyclists get it?
	Mini-Tort is the exception to Michigan’s No-Fault Law regarding damage to a Motor Vehicle.  Its design is to have the at-fault driver’s insurance company pay you up to $1000 for your deductible. Starting July 1,2020 the mini tort amount goes up tp $3,000. However it is for Motor Vehicles and a Motorcycle is not a Motor Vehicle under Michigan’s No-Fault Law.  Therefore, a biker can not obtain this $1000 Mini Tort money like a driver of a car, truck or van can.  Michigan motorcyclists get shafted.  Therefore, when choosing your collision coverage chose your deductible knowing you probably will never get it back.
	If I purchased Collision Coverage on my motorcycle, are all the extras, accessories, and customization that I added covered?
	Probably not.  Typically the insurance company is insuring a “stock” motorcycle and if damaged they will pay the lesser of two options: 1. The present Fair Market Value of the “stock” motorcycle which would not include the additions or special work/materials.   Or   2. The cost to repair the motorcycle.  Some insurance policies will include $1,000 for accessories.  If you want to make sure your custom work and accessories are replaced, you probably need to purchase an Accessories Rider.
	What are the Michigan No-Fault Benefits?
	No-fault benefits that are potentially available to Michigan Motorcyclists.  They include 85% of your wage loss up to a monthly maximum which is presently approximately $4,600.00 (it goes up every year),  payment of all medical bills for life, payment of up to $20.00 per day for household chores, mileage or transportation to and from the doctor and potentially attendant care (payment to medical professionals, friends or family for taking care of you for your medical needs).
	When is a Michigan motorcyclists entitled to No-Fault benefits?
	In order to qualify for No-Fault Benefits a “motor vehicle” must be “involved” in the accident.  A “motor vehicle” is defined by Michigan Law as a car, truck or van but a motorcycle is not known as a motor vehicle.  “Involved” does not require physical contact between the motorcycle and the “motor vehicle” this is a common misconception.  Further, no-fault benefits are payable even if the motorcyclist was at fault in any way.  Important exception: If you are the “owner” and driver of an uninsured motorcycle you do not qualify for no-fault benefits.  Therefore it is a very important to make sure your motorcycle is insured.  Your motorcycle only needs the basic insurance coverage for you to qualify for No-Fault Benefits.
	What is “full coverage” on my Michigan motorcycle?
	There is no legal definition of “full coverage” therefore you must be very specific when talking to your insurance agent.  You need to specifically ask for certain kinds of coverage.  See below for the insurance coverage we recommend.
	What is the minimum coverage I need in Michigan to be legal?
	Michigan requires that you minimally have a 20/40 Bodily Injury coverage policy on your Michigan motorcycle.  This will protects others from your potential negligence.  The coverage would pay any individual up to $20,000.00 or any group of individuals as a total of $40,000.00 in a single incident, but never paying a single person over $20,000.00.
	What if a Michigan motorcyclist  was involved in a hit-and-run Michigan motorcycle accident where I do not know who the at-fault driver is?
	Michigan motorcyclist’s involved in a hit-and-run accident may still be able to recover no-fault benefits and even compensation for his/her injuries provided he/she had uninsured motorist coverage.  Typically, these Uninsured Motorist policies require contact between the motorcycle and other vehicle.  See below for recommended coverage.
	What if I did not have insurance on my Michigan motorcycle, do I have any claims?
	If you are the driver and “owner” of an uninsured motorcycle you do not qualify for no-fault benefits.  However, unlike a driver “motor vehicle” (car, truck or van) a motorcyclist may still bring a claim for his or her injuries in a negligence claim.

 

Recommended Insurance for Michigan Motorcycles

As an attorney who has been involved in over 1,000 motorcycle crashes we recommend the following insurance for Michigan motorcycle owners:

Bodily Injury Coverage:  As said above you must have the this type of coverage to be legal. We recommend $100,000 of bodily injury coverage.  However, only a 20/40 policy is required.

Uninsured Motorist Coverage:  You may still be able to recover even if the other vehicle and driver are uninsured.  This may be true even if you can’t identify the other driver – this is often the case with a hit-run incident.  Under the circumstances, the Third Party claim is made with the automobile insurance of your vehicle or the vehicle of a relative that lives with you.  However, this claim can only be made if the policy had special optional coverage called Uninsured Motorist Coverage.  Physical contact between the vehicle is often required.  We recommend at least $100,000, the more the better.  This directly benefits you.

Underinsured Motorist Coverage:  If a negligent driver/owner causes an accident and has a small insurance policy that does not adequately compensate you for your injuries for a Michigan motorcycle accident, then you may obtain additional money from your own insurance company if you have Underinsured Motorist Coverage.  We recommend at least $100,000.00.  The more coverage the better because this allows the injured Michigan motorcyclist to collect more for his/her injuries.

Collision Coverage:  This is up to you if you wish to have it or not.  You must decide if your motorcycle is worth replacing or fixing.  Again remember you rarely can ever make the at fault driver pay your deductible, so chose you deductible knowing that it will never be returned to you in the event of a loss.

Medical Coverage:  This is additional coverage that you can purchase.  If you have health insurance that does not exclude motorcycle injuries it is not necessary in my opinion.

Accessories Coverage:  Most basic collision policies for Michigan motorcycles only cover a stock bike or say $1,000 worth of extras.  If you have customized your motorcycle, you may want to purchase an Accessories Insurance Rider.  Ask your agent if any accessories or customizations comes with the standard Michigan motorcycle policy then decide if you wish to buy this Rider.