A few years ago, the no fault law changed and it caused many Michigan motorcyclists to be stuck with hundreds of thousands of dollars in medical bills. A recent Michigan Court of Appeals decision may have fixed this.
The Michigan no fault law provides for payment of medical bills for treatment for “Motor Vehicle” related injuries. For decades Michigan victims of Motor Vehicle accidents received UNLIMITED medical coverage, meaning all medical treatment would be paid for for life.
The definition of “Motor Vehicle” essentially means car, truck or van; it does not include motorcycles. Therefore, Michigan motorcyclists are only entitled to medical bill payment only when a “Motor Vehicle” is involved in their crash.
There is what is called the order of priorities in the no fault law. It essentially gives the list of which person’s insurance company pays a victim’s medical bills after a motor vehicle accident. You start with the person (his insurance company) first on the list, if he has insurance that company pays the medical bills, if he does not have insurance you just go to the next person’s insurance company on that list until someone has an insurance policy.
People are often uninsured. If it was a hit-and-run accident, a person on the list is unknown. If this is the case, again you just go to the next person on the list.
The order of priorities for a motorcyclist actually is more complicated than what I list below. Essentially, for brevity and easier understanding, it’s:
For the actual order of priorities for motorcyclists, go to the statute which is: MCL 500.3114(5).
For decades, it did not matter which company paid a motorcyclist’s benefits because the medical coverage was all the same–unlimited.
But in 2020, the law changed to PIP Medical Choice. Now people choose the amount of PIP Medical on their cars, trucks and vans and this created the worst law for motorcyclists in Michigan history.
Because motorcyclists must first turn to the at-fault driver’s auto insurance for payment of their medical bills, they are at the mercy of what the car driver chose for his own PIP Medical coverage! If the car driver chose $50,000, that is all the motorcyclist was entitled to. Many motorcyclists were stuck with hundreds of thousands of dollars in medical bills. Some had to file bankruptcy.
On March 2, 2026, the Michigan Court of Appeals decided the case of, Mary Free Bed Rehabilitation Hospital v. Esurance Property and Casualty Insurance Company, Court of Appeals No. 370846 (Mich App, March 2, 2026). It is a published opinion which means it is the law.
The Mary Free Bed case created the following law:
Under certain circumstances, a Michigan motorcyclist can now stack insurance policies for more PIP Medical coverage. If the insurance company responsible to pay the medical bills has coverage less than Unlimited, the biker can use all that coverage to pay the medical expenses and then go to the next company in line on the priority list if the coverage is greater than the first.
An example will make it clearer.
Example: A motorcyclist is catastrophically injured and has $1,000,000 of medical bills. The motor vehicle involved has $250,000 of PIP Medical and the motorcyclist has Unlimited PIP Medical on his car. The insurance on the car that hit him pays the first $250,000 and the rest is paid by the biker’s car insurance.
MY ADVICE: Every Michigan motorcyclist should choose UNLIMITED PIP MEDICAL on their cars, trucks and vans. This will ensure they have unlimited medical coverage for a motorcycle wreck that involves a motor vehicle even when the car that hit them has a lesser policy amount.
You must act to protect yourself. Call your agent now.
The full Opinion for the Court of Appeals case is below. There are many details and intricacies. I will be writing deeper articles in the near future, so check back.
Written by
Attorney Jason Waechter
THE Motorcycle Lawyer©
If you or a loved one has been injured in a motorcycle accident, contact our office for a free consultation, which includes a case strategy session.
Never forget… the insurance company has an army of lawyers helping them.
Shouldn’t you have a specializing Motorcycle Injury Law Firm on your side?
Our firm has successfully settled complex claims and obtained millions of dollars for our injured motorcycle clients and their families.
Michigan’s Premier Motorcycle Accident Attorney
The Law Firm Of Michigan’s Largest Injured Motorcyclist Verdict: $27,512,000!
Case Name: Mary Free Bed Rehabilitation Hospital v. Esurance Property and Casualty Insurance Company
Court: Michigan Court of Appeals
Docket Number: 370846
Decision Date: March 2, 2026
Legal Significance: This published Court of Appeals decision addresses a major issue created by Michigan’s 2019 No-Fault insurance reforms affecting injured motorcyclists. The ruling clarifies that when a higher-priority insurance policy with limited PIP medical benefits is exhausted, an injured motorcyclist or medical provider may pursue additional benefits from a lower-priority policy that provides higher or unlimited coverage.
Results may vary depending on your particular facts and legal circumstances.
Provide a few simple details about your injury and our team will take it from there.