Michigan Motorcycle Accident FAQs

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Motorcycle Accident Injury Lawyers

A motorcycle accident is a special type of personal injury 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 legal expertise.

The Lee Steinberg Law Firm has been handling motorcycle crash cases throughout Michigan for over 50 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 full 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.

Michigan Motorcycle Accident FAQs

What Money Can I Get From a Michigan Motorcycle Accident?

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 declaration sheet or declaration pages.

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.

What are the Most Common Causes of Motorcycle Accidents?

According to Michigan State Police crash data, the leading causes include distracted driving, failure to yield, speeding, careless driving, improper lane use, and running red lights or stop signs. See the breakdown of motorcycle accidents in Michigan →

Who Pays for Pain and Suffering in a Motorcycle Crash?

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, pictures and other evidence. 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:

Who Pays for the Damage to the Motorcycle?

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, 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.

If I Am Injured In A Motorcycle Accident, But Don't Have Insurance, Can I Still Get Compensated?

Yes — unlike car accidents, Michigan doesn't require motorcycle owners to carry motorcycle insurance to pursue a pain and suffering claim, as long as the other driver was at least 50% at-fault. However, without motorcycle insurance you can't claim no-fault PIP benefits (like wage loss or medical bills) if a car or truck was involved. See our full guide on uninsured motorcycle accident claims →

How Much Is My Motorcycle Case Worth?

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.

Third, the skill and expertise of your lawyer matters. Motorcycle accident lawyers with a history of obtaining 7-figure settlements and with deep resources will put you in a better position to obtain a better financial outcome.

There is no magic formula for determining how much a motorcycle crash case is worth. The Michigan motorcycle injury lawyers at the Lee Steinberg Law Firm 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.

If I Can't Work Because of My Injuries, Can I Afford A Lawyer?

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.

What is the Motorcycle Helmet Law?

Michigan allows riders and passengers 21 and older to ride without a helmet if they carry at least $20,000 in first-party medical benefits and meet endorsement or safety-course requirements. Riders under 21 must wear a DOT-approved helmet.

Which Auto Insurance Company Pays No-Fault Benefits from a Motorcycle Accident?

The rules for deciding which auto insurance company pays no-fault benefits, such as medical bills and lost wages, when a motorcycle is involved are confusing. But there is a specific order to follow under the law. This is called the order of priority. 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. Their auto insurance must pay the injured motorcyclists no-fault claim.

However, if the owner did not carry auto insurance, then you next look to the auto insurance for the driver of the motor 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 Allstate 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 the 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 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). The MACP is administered by the auto insurance industry and will assign an auto insurance carrier to pay PIP benefits.

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.

Can I Get No-Fault Benefits If I am In a Motorcycle Accident?

Yes, but only if two conditions are met: a motor vehicle (car or truck) must have been involved in the crash, since motorcycles alone don't qualify under Michigan's No-Fault Law, and the motorcycle itself must be insured. See our full guide on motorcycles and Michigan no-fault benefits →

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 Michigan motorcycle accident attorneys at the Lee Steinberg Law Firm have spent their entire professionally lives assisting and winning cases for 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.