Motorcycle accidents – (248)-588-333 – Useful info
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Motorcycle Accidents
While less common than auto accidents, it is still important to be aware of certain important details when you are involved with a motorcycle accident. This is especially important given the key differences between motorcycle and automobile accidents.
How do motorcycle accidents differ from car accidents?
Well, for one thing, motorcycle accidents are not usually covered by most of the provisions of the Michigan No-Fault statute. This is because motorcycles are not technically considered “motor vehicles” under that law. As a result, the owner/operator of the motorcycle is not required to have insurance in order to sue for damages resulting from an accident. However, there are also situations where a motorcycle owner/operator cannot receive No-Fault insurance benefits.
If a motorcycle and a car get in an accident, and the motorcycle is at fault, then the driver of the car can sue for damages and the injury thresholds of the no-fault statute do not apply. As a result, the owner/operator of the motorcycle would face for steeper liability than a car driver in the same circumstances would face.
What if the one operating the motorcycle was not the title owner?
In that case, either the operator or the title owner could be sued for damages if the motorcycle driver was the one at fault.
What if the driver of the car was at fault, can the motorcycle driver sue for damages? Can they still receive no-fault insurance benefits?
Yes, but only if the other vehicle was a car or a truck. Furthermore the motorcyclist must have the proper motorcycle liability insurance required by the Michigan No-Fault statute. If these (and a few other) requirements are met, then the motorcyclist is eligible for No-Fault personal injury benefits and can sue for the same damages as an automobile operator would under the same circumstances (i.e. excess damages and wage losses beyond the first three years). The personal injury benefits will cover the first three years of lost wages as well as some of the other expenses associated with the accident that cannot be recovered as damages in a lawsuit.
The other requirement is that the car involved in the collision with the motorcycle must not have been parked. Uninsured motorcycles and collisions with parked cars are not covered. Furthermore, a pedestrian struck by a motorcyclist is not eligible for no-fault benefits.
What kind of insurance is a motorcyclist legally required to have?
A motorcyclist only needs to carry basic liability coverage that covers third-party liability suits. Additional insurance such as personal injury protection and uninsured/under-insured motorist coverage is also helpful in case you get hit by a motorist who does not have car insurance.
However, if the motorcyclist is at least 21 years old, and wishes to drive without a helmet (inadvisable), then they must carry at least $20,000 in medical benefits coverage. Also, the absence of a helmet will most likely reduce the amount you could receive in damages from a lawsuit. After all, not wearing a helmet is choice you make which contributes to any injuries you sustain.
Which insurance company will have to pay for the no-fault benefits in an accident involving a motorcycle?
The priority for accident liability is as follows:
- First priority: insurer of the car/truck
- Second: insurer of the driver of the car or truck
- Third: automobile insurer of the motorcyclist (so long as the motorcyclist owns an insured automobile)
- Fourth: insurer of the motorcycle owner if the motorcyclist is not the owner
- Fifth: the Michigan Assigned Claims Plan administered by the MAIPF (Michigan Automobile Insurance Placement Facility).
Regardless of who ends up paying in the beginning, they can usually sue someone further up the priority ladder on their own.
Is there a statute of limitations for motorcycle accidents?
Yes, three years, the same as it is for cars and trucks.
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