Author: Jason Waechter | Date: January 20, 2026 | Category: Insurance, Motorcycle Accident Injuries, Motorcycle Laws, Uncategorized
After a motorcycle accident in Michigan, many injured riders assume that if another driver was at fault, they automatically have the right to recover compensation for pain and suffering.
That is not always true.
Under Michigan law, an injured motorcyclist must prove a “serious impairment of body function” before recovering non-economic damages such as pain and suffering.
If you were seriously injured in a motorcycle crash anywhere in Michigan and have questions about your rights, call 248-355-4701 for a free consultation. We represent injured riders statewide.
The serious impairment requirement is defined in MCL 500.3135.
In McCormick v. Carrier, 487 Mich 180 (2010), the Michigan Supreme Court clarified how this statute must be interpreted. The Court established a three-part test requiring proof of:
This standard applies to motorcycle accidents involving motor vehicles in Michigan.
An objectively manifested impairment must be supported by objective medical evidence of an actual physical impairment. The law requires proof of a medically identifiable condition — not merely subjective complaints without clinical support.
Examples may include:
The focus is on whether there is reliable medical evidence demonstrating a real impairment of bodily function.
An important body function is one that has value and significance in a person’s life. It does not have to be essential to survival. It must simply matter in a meaningful way.
Important body functions commonly implicated in motorcycle crashes include:
The Michigan Supreme Court made clear in McCormick that an injury does not have to destroy a person’s entire lifestyle to meet the threshold.
The question is whether the impairment affects the person’s general ability to live their normal life — not whether it completely eliminates all activities. The statute does not require a specific percentage of life impact.
Courts compare the injured person’s life before and after the crash. Relevant considerations may include:
The impairment does not need to be permanent. Even injuries requiring months of surgery, rehabilitation, and restricted activity may qualify if they meaningfully alter normal life during that period.
In many cases, serious impairment is a question for the jury.
When reasonable minds could differ about whether the threshold is met, juries decide the issue. Judges may decide the question as a matter of law only when there is no genuine factual dispute.
Insurance companies frequently file early motions seeking summary disposition, arguing that an injury does not meet the statutory threshold. Clear medical evidence and documented life impact are critical when these challenges arise.
Insurance carriers often argue that an injured rider’s condition existed before the crash. Michigan law recognizes that the aggravation of a pre-existing condition may qualify as a serious impairment if the collision measurably worsened the condition.
The key issue is whether the motor vehicle accident caused a distinct, objectively verifiable impairment that affects normal life — not whether the person had prior medical history.
Each case must be evaluated individually based on objective medical findings and documented functional impact.
Beyond medical imaging, evidence of how the injury affects daily life is often critical. Employment records, testimony from family members, documented activity limitations, and consistent treatment records may help demonstrate how normal life has been altered.
Gaps in treatment or inconsistent reporting may be used by insurers to argue that injuries are not serious or not related to the crash.
Even if another driver is clearly negligent, an injured motorcyclist must still prove the serious impairment threshold to recover non-economic damages.
Fault determines responsibility. Serious impairment determines whether pain and suffering compensation is legally available.
A motorcyclist suffers a surgically repaired leg fracture in a collision. Before the crash, he worked full-time and participated in recreational riding and physical activities. After surgery, he requires months of rehabilitation and cannot return to work during recovery. Imaging confirms the fracture and surgical hardware placement.
Objective medical evidence combined with documented disruption of work and daily life may satisfy Michigan’s serious impairment standard.
If you suffered a serious injury in a Michigan motorcycle accident and are unsure whether you meet the legal threshold, call 248-355-4701 for a free consultation. We represent injured riders throughout Michigan.
No. You must prove a serious impairment of body function under Michigan law before recovering non-economic damages.
No. Permanency is not required. The impairment must affect your general ability to lead your normal life, even if the impact is for an extended but finite period.
If disputed, the issue may be decided by a judge or jury based on medical evidence and testimony.
We represent motorcycle accident victims across Michigan. Call 248-355-4701 for a free consultation. You pay nothing unless we win.
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.
