Motorcycle Accidents
How Much Is My Case Worth?
Several factors determine the potential value of your case, including:
- The nature and extent of medical treatment required.
- The severity and permanency of your injuries.
- The impact of your injuries on your daily life.
- Your degree of fault, if any.
- ● Insurance policy limits apply to your claim.
Are My Passenger’s Injuries Covered?
An injured passenger may file claims against the negligent driver and the motorcycle operator.
Who Pays for My Medical Bills?
Under Michigan No-Fault Insurance laws, the “Order of Priority” (OOP) determines responsibility for medical expenses:
- Insurer of the motor vehicle’s owner or registrant.
- Insurer of the motor vehicle’s operator
- Insurer of the motorcycle operator.
- Insurer of the motorcycle owner.
- Michigan Assigned Claims Plan (if no other coverage applies).
Can I Recover Lost Wages?
Yes. Michigan law allows you to recover up to 85% of your lost wages for a maximum of three years following the accident.
Can I Receive Compensation for Pain and Suffering?
Yes. If you have suffered a serious impairment of a bodily function, you can sue the at-fault driver for non-economic damages, including:
- Pain and suffering
- Psychological trauma.
- Scarring and disfigurement
- Disability
- Loss of enjoyment of life
There is no cap on the amount you can claim for pain and suffering. The settlement amount depends on the specifics of your case, supported by testimony, medical records, and statements from family and medical professionals.
What About a Wrongful Death Lawsuit?
If a motorcycle accident results in death, surviving family members may file a wrongful death lawsuit against the negligent driver. Compensation may include:
- The deceased’s pain and suffering before death.
- Loss of companionship for surviving family members.
- Other damages are permitted under the Michigan Wrongful Death Act
What If an Uninsured Driver hits me?
If the at-fault driver is uninsured, you may still recover compensation under your own Uninsured Motorist Coverage (UM)—if included in your policy. This coverage provides compensation for pain and suffering even when the negligent driver lacks insurance.
What Are the Time Limits for Filing a Lawsuit?
Michigan law imposes strict deadlines for filing a claim:
- Third-Party Lawsuit (Pain & Suffering Claims): Must be filed within three years from the accident date.
- First-Party Insurance Claim (Medical & Wage Loss Benefits): Must be filed within one year of the accident.
Failing to file within these timeframes may result in losing your right to compensation.
What About Repairs to My Motorcycle?
Unlike automobiles, motorcycles are not eligible for the $1,000 mini-tort claim under Michigan’s No-Fault Act. If another motorcycle is involved in the accident, the at-fault rider’s insurance company would be responsible for covering your bike’s repair costs.
For personalized legal guidance, consult a Michigan motorcycle accident attorney to discuss your specific case details and options.
Practice Areas
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Bicycle Pedestrian Accidents
- Medical Malpractice
- Wrongful Death
- Premises Liability
- Product Liability
- Michigan Torts
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