Michigan No Fault Laws for Motorcycle Accidents

Michigan motorcyclists might assume the no fault laws are the same whether you are involved in an accident while operating a car or a motorcycle.  Yet according to the Michigan No-Fault Act, a motorcycle is excluded as a “motor vehicle”, therefore the basic laws of car or truck accidents do not apply with motorcycles. Unique issues such as different insurance policies, insurance of others involved in the accident, and who is at fault can all drastically impact an insurance claim and a motorcycle accident lawsuit.

Michigan motorcycle accident law has many exceptions, and is different not only from Michigan car and truck accidents but also other states’ motorcycle accident laws.  Below are the main issues every motorcycle rider should be aware of regarding motorcycle insurance and accidents on Michigan roads:

You Need More Than Basic Insurance Coverage

While a motorcycle is not considered a motor vehicle in Michigan, motorcyclists are still required by law to carry motorcycle insurance.  The only insurance required for a motorcyclist is basic liability coverage for a personal injury suit and property damage (not collision), according to the Michigan no-fault law.   But additional coverage may be warranted depending on your circumstances.  A motorcycle owner can also purchase uninsured and underinsured motorist coverage.   Uninsured and underinsured motorist coverage (UM/UIM) provides a valuable source of legal recovery when someone is injured in an accident by another driver who is uninsured or does not have adequate insurance.

Michigan no fault benefits such as wage loss and medical bill compensation can only be collected under certain circumstances

The type of motorcycle accident you are involved in makes a huge difference in the types of benefits you can collect from insurance.  If a motorcycle rider was involved in an accident with a car or truck, he will qualify for Michigan no-fault benefits.  Even if the motorcycle operator was found 90 or even 100 percent responsible for the accident that caused his injuries, and therefore, was completely barred from recovery of any pain and suffering damages, he would still be entitled to no fault insurance benefits. These benefits include medical expenses related to the auto accident, wage loss for the first three years following the accident, household replacement services (chores/help with children), payment for mileage to and from medical appointments and attendant care (nursing services).

If the motorcyclist is the sole person in the accident and, for example, loses control of the bike, falls or hits a tree or pedestrian, then he is not entitled to no-fault benefits because a motorcycle is not considered a “motor vehicle” according to the Michigan no-fault law.   The driver may be entitled to separate motorcycle PIP if they paid for it on their policy.

At-Fault Motorcyclist is Usually Liable for Injuries Caused in an Accident

If a motorcyclist is at fault for an accident and is sued in a negligence lawsuit for personal injuries, he will generally be legally responsible for all of the damages he caused.  The motorcyclist’s insurance will provide legal representation and property protection insurance to the person whose property is damaged, if needed.  Also, a person suing a motorcyclist who is at fault for an accident can sue for any injury because again, a motorcyclist is not required to carry no fault insurance that motor vehicle operators are required to carry, and thus, the normal no-fault injury threshold would not apply.  However, where the motorcyclist is involved with an automobile, some judges have occasionally held that if no-fault benefits have been paid, that the no-fault injury threshold also applies.

Michigan auto and motorcycle accident liability is different from all other states. Damages recoverable from a Michigan motorcycle injury accident will include claims through the victim’s own auto insurance company. If the motorcycle driver was determined to be at fault, claims against the negligent driver’s insurance involves pain and suffering damages and excess economic damages beyond Michigan’s No Fault maximums. All auto insurance policies sold in Michigan include some limited coverage for vehicle damage (mini-tort) and property damage.