While drivers and passengers in a car are protected by the solid frame, seatbelt, and airbag, motorcyclists are merely protected by their clothing and a helmet. This lack of protection greatly enhances the chance for a serious injury or fatality in a motorcycle crash.
Insurance Coverage Required
Motorcycle owners are not required to purchase Michigan no-fault auto insurance. However, the owner (or registrant) of a motorcycle is required to purchase traditional liability insurance for bodily injury, death or property damage. This liability insurance is commonly referred to as “PLPD coverage.” Essentially, it provides liability coverage to the motorcyclist if the motorcyclist is at fault and causes bodily injury, death or property damage to another person. If the owner is not insured, serious penalties can be imposed, including a misdemeanor conviction, fine and/or imprisonment. More importantly, the failure to purchase insurance coverage will disqualify the motorcycle owner from receiving no-fault PIP insurance benefits that may be available under the Michigan No-Fault Law.
Damages Recoverable for an Injured Client
If you are injured in a motorcycle accident; you are entitled to non-economic damages, i.e., “Pain & Suffering” if you establish the following:
The second type of liability imposed on the negligent driver is liability for excess economic loss suffered by the motorcyclist, which, in most cases, means loss of income that exceeds the wage loss benefits payable under the Michigan No-Fault Law. A threshold injury is not legally required in order to pursue a claim for excess economic loss [MCL 500.3135(3)]. In cases involving death, the estate of the motorcyclist can pursue a wrongful death claim against the at fault motor vehicle driver. Injured motorcyclists must be very careful in how they approach a potential liability claim because, in most situations, the insurer of the motor vehicle involved in the accident will be “wearing two hats.” In other words, the insurer will be responsible for payment of no-fault PIP benefits to the injured motorcyclist and will also be the insurer defending the motorcyclist’s liability claim. In these situations, the motorcyclist must exercise extreme caution in his or her dealings with the motor vehicle insurer. Hiring our firm immediately following an accident will prevent a costly mistake which could jeopardize the value of your case.
Damage to your Motorcycle
If a motorcycle is physically damaged as a result of being struck by a car, truck or other motor vehicle as defined in the Michigan No-Fault Law and that motor vehicle is insured with Michigan no-fault insurance, the motorcycle owner will not be able to recover any compensation for collision damage to the motorcycle – not even so called “mini-tort” damages that are available to automobiles. However, if the motor vehicle causing the damage to the motorcycle did not carry the required Michigan no-fault insurance coverage, then the owner and/or operator of the uninsured motor vehicle is personally liable for the damage to the motorcycle [MCL 500.3135]. In situations where a motorcycle was “reasonably parked” at the time the collision damage was sustained, the motorcycle owner would be entitled to make a claim for “property protection insurance benefits” from the insurer of the motor vehicle causing the damage to the parked motorcycle. These property protection insurance benefits consist of the repair costs or replacement value of the motorcycle, less depreciation, plus the value of loss of use of the motorcycle. rotection greatly enhances the chance for a serious injury
To find out more about what our personal injury and wrongful death attorneys can do for you, e-mail us or call us at 1-800-MUSTWIN (1-800-687-8946).
We are ready to provide strong representation to cycle crash victims in Detroit and throughout Michigan.
At our law firm, we understand that motorcycle accidents can cause serious injuries. Whether you or a loved one has suffered a motorcycle head injury, back injury, or other catastrophic injury, we can help. If you have lost a family member in a fatal motorcycle accident, we will stand by your side.
Over the course of the years, we have built an impressive record for success. We have obtained hundreds of millions of dollars in verdicts and settlements for our clients. This record is the result of our commitment to exhausting our energy, our knowledge and our creativity to get the right outcome for each client. We will do what it takes to obtain the compensation you are owed.
We know that winning a bike wreck case can depend on us putting forth every effort. Our lawyers understand that we are up against big insurance companies in these cases. We will make it very clear to them that we are not intimidated. We will show them that, if they are unwilling to provide a fair settlement, we will take it to the next level. We will take them to trial.
To learn more, please visit our Motor Vehicle Accident Information Center.
Our team is ready to stand beside you in your motorcycle accident case.
Contact us today to tell us about your situation and find out how we can put our skills to work to get you the results you deserve.