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Frequently Asked Questions
Yes. You can receive Michigan no-fault insurance benefits after a bicycle accident if there was a motor vehicle involved in the accident. These benefits include payment of medical expenses, lost wages, transportation expenses, attendant care services, and household services.
The key to obtaining your insurance benefits after a bicycle accident in Michigan is determining which no-fault insurance company is responsible for paying your benefits. In Michigan, there is an Order of Priority for determining which insurer must pay benefits. First, if you own an insured vehicle then your own car insurance company will pay those benefits. If you do not have an insured vehicle, then the next source of insurance coverage would be a relative living in the same household as you with auto insurance. If neither of those apply, then the auto insurance company for the motor vehicle that struck you would be responsible for paying your benefits. If that vehicle was not insured, you would be able to make your claim with the Assigned Claims Facility.
Your Application for No-Fault Insurance Benefits must be filed with the proper insurance company within one year of the accident. There is also a deadline for submitting your expenses and for filing a lawsuit. Therefore, you should contact our office immediately so that we can determine which insurance company must pay your benefits after the bicycle accident and so we can assist you in making sure all claims are timely submitted.
There is no limit to the amount you can sue for pain and suffering.
Your settlement will be determined by the specific facts of your case because there is no average or typical payout amount. Pain and suffering damages are proven by your own testimony and medical records. The testimony of your family members and treating doctors is also helpful.
No. In Michigan, the Michigan Vehicle Code no longer prohibits “passing between lanes of traffic,” but it also does not provide for cyclists passing on the right of other vehicles. The purpose of this law is to protect the safety of the bicyclist as well as Michigan drivers, preventing Michigan car-bicycle accidents.
Yes. Section 257.657 of the Michigan Vehicle Code states:
“Each person riding a bicycle in Michigan upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.”
If you or someone you know was hit by a car door while riding bike in Michigan, and suffer injuries, you do have legal rights. Under Michigan law, a bicyclist injured in a Michigan car accident is entitled to have all medical expenses paid under the no-fault insurance laws if the injuries arose from an accident with a motor vehicle.
In this type of case, the person who opened the door and the owner of the car can be held liable for the injuries to the bicyclist. It is well-known to all drivers and occupants of vehicles that it is necessary to first look around before opening a car door. The failure to do that is negligence when a bicyclist is injured by the opening of the car door. Many times, the auto insurance company will pay substantial settlements for a bicyclist struck by an open car door.
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