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Auto Accident 9.21.2021

Michigan Motorcycle Accident Lawsuit: Your Rights

Generally, in Michigan, two types of benefits are owed in motorcycle accident. Unfortunately, a motorcycle accident can leave a motorcyclist catastrophically injured. Therefore, the first type of motorcycle lawsuit is based on a claim for pain and suffering compensation and excess economic damages for medical bills and wage loss. The second type of lawsuit can be for No Fault insurance benefits. You must act to preserve your rights because each type of claim has a specific time limit to make the claim or file a lawsuit. We highly recommend you hire our experienced law firm to pursue to motorcycle accident rights.

What kind of motorcycle accident lawsuit can I file?

In many cases because of our personal injury motorcycle accident reputation, we can settle the motorcycle accident case without ever filing a lawsuit. However, if we need to file a motorcycle accident lawsuit for pain and suffering compensation against the at-fault driver of the car or truck who caused the crash, we go the extra mile to fight to win. In addition, you file a motorcycle accident lawsuit against the no fault motorcycle accident insurance company to recover unpaid or overdue PIP benefits consisting of medical bills, wage loss, household replacement services, and attendant care.

What is Motorcycle Pain and suffering compensation?

In Michigan, the motorcycle accident victim can receive pain and suffering compensation from the insurance company of the at fault driver. The pain and suffering component of your claim is called noneconomic damages. You can also claim excess economic damages such a medical bills and wage loss, which are not covered by the motorcycle no fault insurance company. If a motorcyclist is more than 50% at fault, he or she cannot recover pain and suffering compensation, but you can recover excess economic damages.

In Michigan, you would need to prove the negligent car or truck driver was negligent and caused you a serious impairment of an important body function to recover pain and suffering compensation.

If you have excess medical expenses and lost wages, you can recover your economic losses in the lawsuit for pain and suffering compensation.

What Are Motorcycle No-Fault benefits?

A motorcycle rider injured in a collision can file a lawsuit for PIP insurance benefits also known as person injury protection benefits or personal protection insurance benefits. Michigan law allows motorcycle driver or passenger injured in a crash involved in an accident with car or truck to receive No Fault Benefits from the auto insurance company that is responsible to pay under the Michigan No-Fault law priority statute.
The law requires that the injured motorcyclist involved in an accident with a car or truck, must look at the specific rules in the priority statute to determine the proper source for payment of no-fault personal insurance protection (PIP) benefits. If a motor vehicle was involved then the motorcycle driver must determine You cannot claim the next order of priority unless you find there is no insurance available. The order of priority statute requires this order be followed:

  1. the insurance company of the owner or registrant, at the time of the accident, of the motor vehicle involved in the vehicle accident.
  2. the insurance company of the operator of the motor vehicle at the time of the accident if that operator of the vehicle is someone other than the owner or registrant.
  3. the no-fault insurance company of the injured motorcyclist, if that individual is insured under a no-fault policy on another vehicle.
  4. the no-fault insurance company of the owner or registrant of the motorcycle involved, if a motorcycle policy exists.

You must follow this specific order of priority to find the proper insurer obligated to pay no fault benefits to the motorcycle operator or passenger.

What if no insurance company is found to pay no-fault benefits to an injured motorcyclist in a hit and run motorcycle accident?

If no coverage can be found in the order of priority above, or the motorcycle accident involved a hit and run vehicle, then the motorcyclist  can claim PIP benefits through the Michigan Assigned Claim Facility (MACP). The Michigan Assigned Claims Plans requires an application be completed and then a licensed and registered auto insurance company will be assigned the claim to pay benefits promptly under the Michigan No-Fault Act. Due to the 2019 no-fault reform, any person claiming benefits through the MACP will only be able to receive up to $250,000 in medical expense coverage and no longer is there a right to lifetime medical benefits.

The motorcycle injury victim can claim Michigan no fault benefits regardless of who is at fault, as long as the crash involved a car or truck.

Under the No-Fault Act, you are entitled to file a lawsuit for four types of  benefits, which include medical expenses related to the automobile crash, wage loss for the first three years, household replacement services (housekeeping/babysitting), medical mileage reimbursement, and attendant care, also referred to as personal care services.

How do I sue the at-fault motor vehicle driver?

Generally, in order to file a lawsuit you must hire a trained personal injury motorcycle lawyer who specializes in a motorcycle accident lawsuit. Our law firm e specializes in and has extensive experience handling motorcycle accident cases.

How much time do I have to file a Motorcycle claim?

In Michigan, you have three years to file your lawsuit for pain and suffering compensation and excess economic damages described above. See MCL 600.5805(1) and (2).

You have 1 year to make a written application claim with the proper No-Fault Motorcycle Insurance Carrier. See MCL 500.3145(1). You must be diligent in  presenting the documentation for the no-fault claim. If you claim is denied, you must file a lawsuit within 1 year of the denial. If you do not sue within 1 year that you claim is denied, you will jeopardize your right to those benefits beyond 1 year old.

How long does motorcycle accident lawsuit?

Generally, in Michigan, the legal process is controlled by the presiding judge and can take many months because of several factors: (1) the county where the lawsuit is filed; (2) number of cases pending; (3) type of injuries; (4) your medical treatment status; (5) your disability status; (6) your attorney’s skill, experience, and reputation; and (7) the auto insurance involved.

Obviously, if your case is complicated and has multiple parties, the case could take longer. In addition, if we need to determine your excess economic losses for medical bills and lost wages; establish fault against one or more parties; insurance coverage for the at fault driver(s); and the opposing lawyers and adjusters work slower the timing could be affected. We will work diligently to significantly shorten the time to finish your case. We have a proven record of winning at trial and a reputation for being prepared for trial in a lawsuit  so we can settle your case faster and for more money. Don’t let an inexperienced lawyer handle your motorcycle accident lawsuit.

Injured a Motorcycle Accident? Call Michigan Motorcycle Auto Lawyer

If you were injured in a motorcycle automobile crash and you have questions about your legal rights, you can call toll free anytime 24/7 at 866-447-3563 for a free consultation with one of our experienced attorneys. If we don’t win, you don’t pay.

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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