Our Michigan motorcycle accident lawyers know you probably have many questions involving your current situation. Being involved in a motorcycle accident can be a frightening experience, both during the crash and in its aftermath. Dealing with injuries, handling medical expenses, and navigating the legal process that follows can be overwhelming and frustrating.
There are many questions people frequently ask attorneys after a motorcycle accident in Michigan. These include:
- What should I do after a motorcycle accident in Michigan?
- What insurance do I need for my motorcycle?
- What happens if I am in an accident and I do not have the appropriate coverage?
- How can I make a claim for no-fault insurance benefits after an accident?
- Can I sue for injuries after a motorcycle accident?
- How much time do I have to sue the driver of the other vehicle after an accident?
- What if the person who hit me does not have liability insurance?
- Can I apply for Michigan no-fault insurance benefits if my accident occurred out of state?
- Can I ride a motorcycle without a helmet in Michigan?
- Who is the best lawyer for a motorcycle accident?
We try to answer many of the frequently asked questions after a Michigan motorcycle accident below. We hope that these questions can help guide your decision-making process when seeking legal advice for your motorcycle accident claim.
If the negligence of another motorist caused your injuries and other losses, you may be able to receive a settlement or bring a case to trial to pursue compensation. However, this a nuanced legal process and often leaves people with more questions than answers.
Having a skilled lawyer to help you form your Michigan motorcycle accident claim can be an essential part of your case. Our attorneys are experienced in gathering evidence, calculating damages, and negotiating settlements after a motorcycle accident.
Of course, if you have a question specific to your case and would like to speak with one of our attorneys, we are here to help. Please call us at (8oo) 606-1717 and we will listen to your story and provide you with your best options. This will cost you nothing. In fact, we will only accept payment if we are able to settle your case!
If I own more than one motorcycle in Michigan and they are insured on different policies, do I need the required medical coverage on each individual motorcycle policy?
Yes. If you want to ride each of your motorcycles in Michigan without a helmet, you must have the required medical coverage on each motorcycle insurance policy covering each motorcycle.
A requirement of at least $20,000 in medical coverage is required of Michigan motorcyclists by the new law. It is a specific coverage required to be purchased on your Michigan motorcycle insurance policy. The required medical coverage is not a Personal Injury Protection or PIP coverage, and can not be satisfied as part of the PIP medical coverage on your auto policy, as well as your medical coverage through your health insurance.
The medical coverage required by the new law is required on your motorycycle policy, for each motorcycle, as oppossed to medical coverage elsewhere, (i.e., on auto policy, health insurance, medicare, Medicaid, etc.)
I suffered a closed head injury and torn rotator cuff in a motorcycle accident in Lansing. I was forced off of the road by a semi-tractor trailer. Can I still make a claim for No-Fault insurance benefits, like medical bills and attendant care services even if there was no contact with the truck?
Yes. Actual contact is not required, but involvement with another vehicle is necessary to qualify for benefits. Whether another vehicle was involved depends on the facts of each case.
I was in a motorcycle accident in Flint, Michigan and suffered a knee injury that required ACL surgery. Can I receive Michigan No-Fault insurance benefits for my medical bills and lost wages?
Yes, but a motor vehicle must be “involved” to be eligible for Michigan No-Fault benefits. Unfortunately, if the motorcycle does not involve another vehicle (either by direct contact or indirectly like being forced off the road), then there is no right to benefits.
I was in a Michigan motorcycle accident in Detroit while riding my bikewhen I was struck by a car. My hospital bills were over $30,000.00. Do I have to pay that out of my own pocket?
This depends on whether the motorcycle had insurance on it. If the bike was insured, you can make a No-Fault claim against the negligent driver for payment of medical bills, lost wages, and other benefits.
I was a passenger on a friend’s Harley Davidson bike driving on I-96 near Brighton. He lost control of the motorcycle and we wiped out. I suffered fractured ribs, a fractured femur, and major road rash. Can I sue for my Michigan motorcycle accident injuries?
Yes, if the the biker was negligent in driving his motorcycle. If he had motorcycle insurance on the bike, the insurance company will pay the settlement.
I was riding my Harley Davidson bike on I-75 near Flint when a car cut in front of me and forced me to roll my bike. I suffered major road rash injuries and they have not healed. I now have a scar. Can I sue for these injuries?
Yes. If you suffered a serious and permanent disfigurement from your road rash injuries, you can sue the negligent driver that unlawfully entered your lane of traffic and caused your accident.
What type of motorcycle insurance coverage should I buy in Michigan?
Most bikers in Michigan buy the wrong motorcycle insurance, even though they ask their insurance agent for “full coverage.” To find out what type of policy you need to buy, request our FREE REPORT called “The Michigan Motorcycle Insurance Report” before you go for your next ride.
What is the statute of limitations in Michigan for a motorcycle accident lawsuit?
In Michigan, a person injured in a motorcycle accident must generally file a lawsuit within 3 years under the statute of limitations. If you fail to meet that deadline, your case will be destroyed forever and you cannot sue for your injuries. It is essential that you contact an experienced Michigan accident and injury lawyer as soon as possible so that you do not lose your rights to a fair settlement.
In cases involving minors or legally incapacitated persons, the limitations periods are often longer. To get specific information about your case, you should contact our Michigan accident and injury law firm at (800) 606-1717.
What if I get in a motorcyle accident in Michigan and did not buy collision coverage?
If you did not buy collision coverage, you will have to pay for the damages and reapairs to your motorcycle even if you were not at-fault in the accident. However, there are exceptions. First, you can seek payment from an at-fault driver and owner of an automobile if the driver and owner of the automobile were uninsured. Second, if a driver of a motorcycle negligently causes damages to your motorcycle, you can seek payment for the damages and repairs to your motorcycle from the driver and owner of the other motorcycle. Finially, if your motorcycle was parked in a legal, safe and reasonable manner and was struck by an automobile, the damages to your motorcycle are recoverable from the insurer of the owner or operator of the automobile involved in the accident.
What happens if I am involved in a Michigan motorcycle accident and I did not buy collision coverage?
If you did not buy Collision coverage, you will have to pay for the damages and repairs to your motorcycle even if you were not at-fault in the accident. However, there are exceptions. First, you can seek payment from an at-fault driver and the owner of an automobile if the driver and owner of the car were uninsured. Second, if a driver of a motorcycle negligently causes damages to your motorcycle, you can seek payment for the damages and repairs to your motorcycle from the driver and owner of the other motorcycle. Finially, if your motorcycle was parkend in a legal, safe and reasonable manner and was struck by an automobile, the damages to your motorcycle are recoverable from the insurer of the owner or operator of the automobile involved in the accident.
In a Michigan motorcycle accident, who has to pay for the repairs and damge to my motorcycle?
Typically, your own motorcycle insurance pays for the damages and reapairs to your motorcycle.
In cases involving a Michigan accident with an automobile, the at-fault driver and owner of the automobile is not responsible for any damage done to your motorcycle – not even your deductible. Therefore, if you want compensation for the damages and repairs to your motorcycle, you should purchase Collision Coverage for the motorcycle with your insurance company.
In cases involving an accident with another motorcycle, the at-fault driver and owner of the motorcycle is responsible for the damges and repairs to your motorcycle.
What if the driver and owner of the automobile and/or motorcycle that caused my injuries did not have liability insurance at the time of the motorcycle accident?
You may still recover compensation for your personal injuries. This depends on whether you were occupying a motorcycle which had uninsured motorists coverage or you were covered by your own insurance policy or a family member’s insurance policy which had uninsured motorist coverage at the time of the accident. This is called an Uninsured Motorists Claim.
It is recommended to contact an attorney immediately to find out time limitations, policy requirements which must be met under this claim, and to ensure your rights are protected.
How much time do I have to sue the driver and owner of the automobile or motorcycle that caused the Michigan motorcycle accident?
Usually you have three year from the date of the accident to file a lawsuit with the court. However, it is recommended that you contact an attorney immediately to discuss any time limitations in suing the driver of the at-fault driver and owner of the automobile or motorcycle that caused the accident, and to insure your rights are protected.
If I am riding my motorcycle on a road trip and am hit by a negligent driver in a motor vehicle outside the State of Michigan, can I still qualify for no fault insurance benefits?
Yes. Even though the motorcycle crash happened outside the State of Michigan, you can claim no fault benefits from the insurer of the motor vehicle if it is a Michigan vehicle, or from the insurer of any motor vehicle which you are insured by.
Can I recover Michigan No Fault insurance benefits even if there was no physical contact between my motorcycle and the motor vehicle?
Yes, you can recover Michigan No Fault insurance benefits. There does not have to be actual physical contact made between the motorcycle and the motor vehicle in order to qualify for no fault benefits. As long as a motor vehicle was “involved” in the happening of the accident, that is sufficient.
Can I sue the driver for the property damage caused to my bike in a Michigan motorcycle accident?
In general, you are not able to sue the driver for property damage to your bike. The damage to your motorcycle is covered solely per the terms of your contract of motorcycle insurance. It is worth nothing if you have custom work or have added accessories to your motorcycle. In fact, many motorcycle insurance policies do not cover these items when damaged, so you may want to check into a rider on your policy that does cover damage to these items.
Can I sue if I was hit by a car riding my motorcycle in Michigan?
Yes. If the driver of the other automobile that hit you while riding your motorcycle in Michigan was at fault at the accident and you suffered a serious injury or disfigurement (like a scar), you can sue the driver and the owner of the other automobile. A claim is made against the driver and the owner of the automobile that caused the accident, and your damages are covered by their insurance company.
Under what circumstance would an officer be able to pull me over in Michigan to investigate whether me or my bike passenger are illegally riding a motorcycle without a helmet?
Stopping a motorcyclist for “improperly” riding without a helmet would be difficult, if that is the only reason for the stop. Generally, to justify a traffic stop, an officer must have an articulable suspicion of illegal conduct. Other than a person who may appear obviously younger than 21 riding without a helmet, it would be difficult for an officer to have an articulable suspicion that a person has not had an endorsement for at least 2 years; has not passed a motorccle safety course; or does not have the required medical coverage on his/her motorcycle policy.
In honor of the new Michigan helmet law, or Michigan motorcycle accident lawyers created an infographic that visually displays each states helmet laws. The states are defined by a color key that informs a biker what helmet law requirements that particular state has. There are five different variations in motorcycle helmet law requirements; including Free Choice (no helmet restrictions) to NO CHOICE (everyone riding a motorcycle must wear a bike helmet.)
You can view this “State Motorcycle Helmet Law Graphic” by clicking on the above link – “Michigan motorcycle accident lawyers.” The graphic is displayed on that webpage as well as other valuable information on a motorcyclists rigths after a biker injury accident.