Michigan Motorcycle Accident FAQs | Lee Steinberg Law Firm

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Michigan Motorcycle Accident FAQs

Motorcycle Accident Injury Lawyers

A Michigan motorcycle accident is a special type of legal case. They can result in horrible injuries, including broken bones, road rash, scarring and brain injuries. Michigan motorcycle accident law is different then car accident law and these injury cases demand specific detail and expertise.

The Lee Steinberg Law Firm has been handling motorcycle crash cases throughout Michigan for over 40 years. We stay up-to-date on all the latest news and law changes that affect Michigan motorcyclist. We write and present extensively on the subject ourselves. Read about motorcycle dangers, bike law, safety protocols, tips, and tricks on our blog.

If you or a loved one has suffered a Michigan motorcycle crash, you want an expert who knows what benefits you are entitled to, how to deal with the insurance companies, and how to get money compensation for the injuries. 

Click on one of our Frequently Asked Questions about motorcycle crashes and please call us at 1-800-LEE-FREE (1-800-533-3733) if you would like a free consultation for your Michigan motorcycle accident injury case.

Yes, but you must meet two conditions. First, a motor vehicle must be involved in the accident. The law on this is very specific. Motorcycles are not considered “motor vehicles” under the eyes of the law. Motor vehicles are defined under MCL 500.3101 “as a vehicle, including a trailer, that is operated or designed for operation on a public highway by power other than muscular power and has more than 2 wheels.” In general, a motor vehicle is a car or truck.

Because motorcycles do not have more than 2 wheels, they are not considered motor vehicles. In fact, motorcycles are specifically excluded as a motor vehicle for purposes of the Michigan No-Fault Law under MCL 500.3101(2)(i)(1). As such, the only way an individual injured while riding or a passenger of a motorcycle can collect Michigan no-fault benefits is if “evidence of the involvement” of a motor vehicle in the accident is found.

For example, if a motorcycle hits a deer and the rider sustains serious injury, that person cannot make a claim for Michigan no-fault benefits. No motor vehicle was involved in the accident. However, if a motorcyclist hits a moving vehicle in the middle of an intersection, the motorcyclist can make a claim for no-fault benefits.

Physical contact with the motor vehicle is not required. For example, if a motorcyclist drops the motorcycle before hitting a car, or turns away from an oncoming car to avoid hitting the vehicle, the motor vehicle is still considered to be involved in the accident and the motorcyclist may make a claim.

There are some other strange nuisances to this rule. Not all parked vehicles are “involved in” a motor vehicle accident with motorcycles. Typically, the motor vehicle has to be parked in a manner that is unreasonably dangerous to be considered involved in the accident for purposes of collecting no-fault benefits.

The other requirement to receive no-fault PIP benefits is the motorcycle must be insured. Under MCL 500.3113(b), the owner of a motorcycle cannot obtain PIP benefits if his or her bike was not insured. This rule only pertains to the owner of the motorcycle, not passengers or guest riders. In addition, an owner injured while riding their own uninsured motorcycle can still make a claim for pain and suffering if the other vehicle or person was at-fault for causing the crash. 

The Lee Steinberg Law Firm, P.C. and our team of Michigan motorcycle accident lawyers have been helping riders for decades. If you or a loved one has been involved in a motorcycle accident, we can help. Call us at 1-800-LEE-FREE (1-800-533-3733) today.

Yes. In Michigan, even if you did not have motorcycle insurance on the bike you own, you can still make a claim for pain and suffering.

Unlike cases involving a car or truck, there is no requirement the owner or registrant of a motorcycle must maintain motorcycle insurance to be able to pursue a bodily injury claim for pain and suffering. However, you must still prove the other individual(s) involved in the accident were at least 50% at-fault for causing the accident to be entitled to compensation.

However, if you did not have motorcycle insurance on your bike and you are involved in an accident with a motor vehicle (car or truck), you cannot make a claim for Michigan no-fault benefits, such as wage loss benefits and the payment of medical bills. Although you can still make a claim for pain and suffering compensation, you cannot make a claim for PIP benefits if you did not maintain motorcycle insurance and you were injured in an accident with a motor vehicle while riding on your own bike.

The law is much simpler for motorcycle passengers, or riders using a motorcycle they did not own at the time of the accident. In those situations, the passenger or rider can make a claim for pain and suffering compensation against the at-fault driver and make a claim for Michigan no-fault benefits. The rule that disallows a claim for Michigan no-fault benefits only applies to uninsured owners of a motorcycle.

Michigan motorcycle accident injury cases demand specific detail and expertise. The Lee Steinberg Law Firm and our team of experienced and great motorcycle accident attorneys have obtained millions for our clients. Please call us at 1-800-LEE-FREE (1-800-533-3733) if you have any questions about Michigan motorcycle accident injury law.

The rules for deciding which auto insurance company pays the no-fault claim when a motorcycle is involved can be confusing. But there is a specific order to follow. The law is found under MCL 500.3114(5).

First, you always start with the auto insurance carrier for the owner of the motor vehicle involved in the accident. If the owner did not carry auto insurance, then you look to the auto insurance for the driver of the same vehicle. If the owner or driver did not carry car insurance at the time of the motorcycle-motor vehicle accident, only then do you look to your own auto insurance to pay the claim.

For example, if you are hit by an uninsured car and the driver is not insured either, and you have Allstate Insurance for your own automobiles, then Citizens Insurance is responsible for the payment of your no-fault claim. But if the car involved in the crash was insured with State Farm, then State Farm Insurance must pay all no-fault benefits available under that policy. 

This is very different than standard motor vehicle accident cases. In cases involving only a car or truck, you always look to your own auto insurance first for the payment of no-fault benefits. But in cases involving motorcycle accidents, this is not the case. If the operator of the motorcycle did not have auto insurance, you next look at the auto insurance carrier for the owner of the motorcycle. If the owner has auto insurance, that carrier must pay the claim.

If there is no auto insurance at any of these levels, then the injured person must file a claim with the Michigan Assigned Claims Plan (MACP). This MACP, which is administered by the auto insurance industry, with oversight from the State of Michigan, will assign an auto insurance carrier to pay the claim.

Working with insurance companies to ensure you get the compensation you deserve can be frustrating and confusing. We can help. Please call Lee Free and speak to our motorcycle accident attorneys at 1-800-LEE-FREE (1-800-533-3733) or fill out the Free Case Evaluation Form. And remember, you pay nothing until we settle your motorcycle accident case.

In Michigan, the insurance company for the negligent driver or the person who caused the crash is responsible for paying pain and suffering compensation. Under the law, the other driver must be at-least 50% at-fault for causing the crash. Fault is determined by the testimony of the parties in the crash, witnesses, the police, videos and pictures. Sometimes, accident reconstruction experts are used to help recreate the crash and form an opinion as to how the crash occurred.   

Pain and suffering is a form of “non-economic” damages. Other types of non-economic damages include:

Besides pain and suffering, you are also entitled to no-fault benefits. No-fault benefits are also known as personal injury protection (PIP) benefits. This coverage is found in most auto insurance policies. It is sometimes called “allowable expenses” on the dec sheet or declaration page.

No-fault benefits are the economic damages that arise out of a car, truck, or motorcycle accident. They include the following:

  • 85% of lost wage for up to 3 years
  • The payment of all medical bills, including doctors, hospital, and rehabilitation expenses up to the PIP coverage limit
  • $20 per day for household replacement services, up to 3 years
  • Attendant care or nursing care
  • Home modifications
  • Medical supplies and medical equipment (walker, cane, TENS unit)
  • Payment of out-of-pocket costs and prescriptions

There are other no-fault benefits as well. Under MCL 500.3107(1)(a), the car insurance company must pay for “allowable expenses consisting of reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation.” This gives a motorcycle accident victim a lot of benefits following a crash or collision in Michigan.

If you have questions about a Michigan no-fault case after a motorcycle accident, give our office a call at 1-800-LEE-FREE (1-800-533-3733). The call is free and we charge a penny until we win your case. 

The damage to the bike after a motorcycle crash is one of the most frustrating aspects of a motorcycle accident. You had this beautiful bike that you spent a lot of time and money on. Then out of nowhere, the bike is destroyed or severally damaged. What happens then?

The first thing to do is to contact your insurance company. Find out if you have collision coverage for the motorcycle. If you do, then your own motorcycle insurance carrier will pay for the repairs. If the repairs exceed the value of the motorcycle, then typically they will total out the bike. This means you receive the net present value of the motorcycle.

You can negotiate with the insurance company on this amount. We suggest you will look at Kelley Blue Book, Edmunds, Autotrader, Rumble On and other websites to find the highest value for your bike. The comparison must be similar to the make, model and condition of your wrecked motorcycle. 

Motorcycle wrecks happen for different reasons. Sometimes it is the fault of the motorcycle operator. Often, it is the fault of another driver, such as a negligent car or truck. According to a recent Traffic Crash Reporting System and statistic compiled by the Michigan State Police, the most common causes of motorcycle accidents in Michigan are the following:

  • Failure to yield
  • Speeding
  • Unable to stop in time
  • Careless driving
  • Improper lane use
  • Disregarding a traffic signal (running a red light or stop sign)

Michigan law now permits motorcyclists to decide if they wish to hear a helmet or not. However, there are certain restrictions. To legally not wear a helmet, a motorcycle operator must:

  • Be at least 21 years old.
  • Have at least $20,000 in first-party medical benefits.
  • Have held a motorcycle endorsement for at least two years or have passed an approved motorcycle safety course.

The law also allows for motorcycle passengers to not wear a helmet. Passengers also may not wear a helmet as long as they:

  • Are at least 21 years old.
  • Have at least $20,000 in first-party medical benefits insurance in addition to the insurance that is required of the motorcycle operator.

Individuals younger than 21 years-old must wear a helmet that is approved by the U.S. Department of Transportation. Individuals younger than 19 years old must still wear a helmet if operating a moped on a public highway.

The motorcycle helmet statute, MCL 257.658, can be found here.

Michigan motorcycle accident injury cases demand experienced and aggressive motorcycle crash lawyers. If you or your family member is suffering from physical and emotional pain due to a motorcycle accident, the motorcycle accident attorneys at the Lee Steinberg Law Firm can help.

During our initial consultation, we can discuss your situation in depth and explain all your legal options. Even if you or your loved one was not wearing a helmet, you may still have a strong personal injury case and could recoup your medical expenses, as well as damages for lost wages, pain and suffering, and more.

Please call us at 1-800-LEE-FREE (1-800-533-3733) if you have any questions about Michigan motorcycle accident injury law.

Figuring out the value of a Michigan motorcycle accident injury case depends on a number of factors.

First, the severity of the injuries is obviously crucial. A person who needs surgery and has a long road to recovery will most likely have a more valuable case than an individual who had more conservative, less invasive treatment.

Negligence or fault is also important. To get pain and suffering compensation, the plaintiff must prove the at-fault vehicle was at least 50% for causing the accident. If the at-fault driver is 50% or more at fault, then the plaintiff can make a claim for pain suffering. However, the defendant can deduct the percentage of fault the plaintiff contributed to causing the accident. This is known as comparative fault. For example, if the plaintiff is 20% at-fault for causing the accident, and a jury awarded $100,000 in damages, the defendant can deduct $20,000 from the award, allowing a recovery of $80,000 for the plaintiff.

There is no magic formula for determining how much a motorcycle crash case is worth. The Michigan motorcycle injury lawyers at Call Lee Free are experts in helping our clients receive maximum compensation. We work tirelessly to recovery both no-fault benefits and pain and suffering money for our clients.

Working with insurance companies to ensure you get the compensation you deserve can be frustrating and confusing. We can help. Please call Lee Free and speak to our motorcycle accident attorneys at 1-800-LEE-FREE (1-800-533-3733) or fill out the Free Case Evaluation Form. And remember, you pay nothing until we settle your motorcycle accident case.

At the Lee Steinberg Law Firm, P.C our Michigan motorcycle attorneys do not take a fee unless we win your case. We only get paid if you get paid. That is our No Fee Guarantee, a promise to you that you don’t have to pay us anything unless we are successful in winning your case.

Our law firm specializes in Michigan motorcycle accident injury cases. If you or your family member is suffering from physical and emotional pain due to a motorcycle accident caused in some part by another person, the motorcycle accident attorneys at the Lee Steinberg Law Firm can help. Please call us at 1-800-LEE-FREE (1-800-533-3733) if you have any questions about Michigan motorcycle accident injury law.

Detroit & Michigan Motorcycle Accident Injury Lawyers

Motorcycle accidents can be life changing events. The injuries can cause massive medical bills, lost wages and the inability to pay for even basic things. The road to recovery can be long and emotionally draining for injured motorcyclist.

The dedicated motorcycle accident attorneys at the Lee Steinberg Law Firm have spent their entire professionally lives assisting and winning cases for Michigan motorcycle crash victims. We work tirelessly and aggressively to pursue every avenue for recovery. There is never a fee until we win. Please call toll free at 1-800-LEE-FREE (1-800-533-3733) for a free consultation.