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Michigan Motorcycle Accident Lawyer
Michigan Motorcycle Accident Laws
In Michigan, if you are injured in a motorcycle accident, you can sue the negligent party. (See MCL 257.401) However, to be able to recover under this claim, you must have suffered a serious impairment of an important body function, serious and permanent disfigurement, or death. Some of the damages you can recover would be compensation for any pain and suffering, any loss of consortium, and so on.
To have a successful motorcycle accident case, it must be proven that you were not more than 50 percent at fault for the Michigan motorcycle accident. If you are more than 50 percent at fault, then you cannot recover for pain and suffering.
Michigan No Fault Benefits for Motorcyclists
In order for motorcyclist to receive No-Fault Benefits (i.e. payment of medical bills, replacement services, attendant care, and medical mileage), you must be involved in a collision with a “motor vehicle,” as defined within Michigan’s No Fault Act. A motorcyclist cannot make a claim for No Fault benefits if, for example, the cyclist collides with a tree or light pole. If you are driving a motorcycle and are in an accident with a car or truck, your No Fault benefits will be paid according to the following rules of priority listed below:
- Insurer of Owner or Registrant of the Motor Vehicle Involved in the Motorcycle Accident
- Insurer of the Operator of the Motor Vehicle Involved in the Motorcycle Accident
- Motor Vehicle Insurer of the Operator of the Motorcycle Involved in the Motorcycle Accident
- Motor Vehicle Insurer of the Owner or Registrant of the Motorcycle Involved in the Motorcycle Accident
- Motor Vehicle Insurer of the Owner of the Motor Vehicle of Resident Relative to Victim in the Motorcycle Accident
- The resident relative of the injured motorcyclist, driver, or passenger.
- Assigned Claims Facility
Also, if you do not have the required minimum insurance on your motorcycle in Michigan, you cannot get no-fault benefits under Michigan law.
Statute of Limitations for Michigan Motorcycle Accidents
If you are pursuing a claim for no-fault benefits, you must file notice within 1 year of the motorcycle accident. If you are suing the negligent driver, then you must file suit within 3 years of the accident (unless you are a minor, mentally incompetent, or a member of the military).
Motorcycle Damage After A Michigan Motorcycle Accident
In order to recover physical damage to you motorcycle, you must carry collision insurance. You cannot sue the negligent party for this.
Michigan Motorcycle Licensing
To operate a motorcycle in Michigan, you must possess a valid Michigan driver’s license with a motorcycle endorsement. The motorcycle endorsement must have a designation of “CY” on your license. Operating a motorcycle without such an endorsement can result in a fine of up to a $300.
Complete the following three steps to get your “CY” endorsement:
- Go to a Secretary of State office to take the vision and written knowledge tests.
- Pass a skills test from a rider skills testing organization OR successfully complete a certified motorcycle safety course.
- Present your completion certificate at a Secretary of State office.
Contact Our Michigan Motorcycle Accident Attorneys For Help
It is very important that you speak with someone very familiar with the intricacies of Michigan’s motorcycle accident laws. Contact [email protected] or 855-MIKE-WINS for a free consultation. As always, the advice is free and there is no fee unless you collect.