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The Ultimate Michigan Motorcycle Accident Handbook
 

The Ultimate Michigan Motorcycle Accident Handbook

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The Detroit motorcycle accident attorneys at Buckfire & Buckfire PC offer a comprehensive guide to bikers who've sustained personal injury in a crash on Michigan roads or highways.

The Detroit motorcycle accident attorneys at Buckfire & Buckfire PC offer a comprehensive guide to bikers who've sustained personal injury in a crash on Michigan roads or highways.

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    The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Document Transcript

    • The Ultimate Michigan The Ultimate Michigan Motorcycle Accident Motorcycle Accident Handbook Handbook A Practical Guide to Understanding A Practical Guide to Understanding the Legal Rights of Injured Bikers the Legal Rights of Injured Bikers Michigan Accident Attorney Michigan Accident Attorney Daniel L. Buckfire Daniel L. BuckfireThe Ultimate Michigan The Ultimate Michigan Motorcycle Accident Motorcycle Accident Handbook Handbook A Practical Guide to Understanding A Practical Guide to Understanding the Legal Rights of Injured Bikers the Legal Rights of Injured Bikers Michigan Accident Attorney Michigan Accident Attorney Daniel L. Buckfire Daniel L. Buckfire
    • Copyright © 2009 by Daniel L. Buckfire Copyright © 2009 by Daniel L. BuckfireAll rights reserved. No part of this book may be used or All rights reserved. No part of this book may be used orreproduced in any manner whatsoever without written permission reproduced in any manner whatsoever without written permissionof the author. of the author.Printed in the United States of America. Printed in the United States of America.ISBN: 978-1-59571-354-4 ISBN: 978-1-59571-354-4Word Association Publishers Word Association Publishers205 5th Avenue 205 5th AvenueTarentum, PA 15084 Tarentum, PA 15084www.wordassociation.com www.wordassociation.comCopyright © 2009 by Daniel L. Buckfire Copyright © 2009 by Daniel L. BuckfireAll rights reserved. No part of this book may be used or All rights reserved. No part of this book may be used orreproduced in any manner whatsoever without written permission reproduced in any manner whatsoever without written permissionof the author. of the author.Printed in the United States of America. Printed in the United States of America.ISBN: 978-1-59571-354-4 ISBN: 978-1-59571-354-4Word Association Publishers Word Association Publishers205 5th Avenue 205 5th AvenueTarentum, PA 15084 Tarentum, PA 15084www.wordassociation.com www.wordassociation.com
    • CONTENTS CONTENTSForward – Who I am, and Why I Wrote This Book iv Forward – Who I am, and Why I Wrote This Book ivLegal Advice vi Legal Advice viChoosing the Right Lawyer for Your Case 1 Choosing the Right Lawyer for Your Case 1Legal Requirements for Owning and Operating a Motorcycle 3 Legal Requirements for Owning and Operating a Motorcycle 3What Does the Phrase “No-Fault” Mean, Anyway? 6 What Does the Phrase “No-Fault” Mean, Anyway? 6Motorcycle Repairs and Damage Claims 8 Motorcycle Repairs and Damage Claims 8Being Compensated for Your Personal Injuries 11 Being Compensated for Your Personal Injuries 11No-Fault Insurance Benefits 18 No-Fault Insurance Benefits 18Types of Benefits Types of Benefits Wage and Income Loss 26 Wage and Income Loss 26 Medical Bills, Prescription Costs, and Other Expenses 31 Medical Bills, Prescription Costs, and Other Expenses 31 In-Home Nursing Care / Attendant Care 36 In-Home Nursing Care / Attendant Care 36 Household Chores / Replacement Services 40 Household Chores / Replacement Services 40 Case Management Services 43 Case Management Services 43 Home Modifications and Accommodations 47 Home Modifications and Accommodations 47 Medical Mileage 51 Medical Mileage 51 Special Transportation 54 Special Transportation 54 Survivor’s Loss Benefits 57 Survivor’s Loss Benefits 57Free Newsletter Form 61 Free Newsletter Form 6110 Secrets that Your Insurance Company Will Not Tell You 62 10 Secrets that Your Insurance Company Will Not Tell You 62Free Motorcycle Insurance Report 63 Free Motorcycle Insurance Report 63 iii iii CONTENTS CONTENTSForward – Who I am, and Why I Wrote This Book iv Forward – Who I am, and Why I Wrote This Book ivLegal Advice vi Legal Advice viChoosing the Right Lawyer for Your Case 1 Choosing the Right Lawyer for Your Case 1Legal Requirements for Owning and Operating a Motorcycle 3 Legal Requirements for Owning and Operating a Motorcycle 3What Does the Phrase “No-Fault” Mean, Anyway? 6 What Does the Phrase “No-Fault” Mean, Anyway? 6Motorcycle Repairs and Damage Claims 8 Motorcycle Repairs and Damage Claims 8Being Compensated for Your Personal Injuries 11 Being Compensated for Your Personal Injuries 11No-Fault Insurance Benefits 18 No-Fault Insurance Benefits 18Types of Benefits Types of Benefits Wage and Income Loss 26 Wage and Income Loss 26 Medical Bills, Prescription Costs, and Other Expenses 31 Medical Bills, Prescription Costs, and Other Expenses 31 In-Home Nursing Care / Attendant Care 36 In-Home Nursing Care / Attendant Care 36 Household Chores / Replacement Services 40 Household Chores / Replacement Services 40 Case Management Services 43 Case Management Services 43 Home Modifications and Accommodations 47 Home Modifications and Accommodations 47 Medical Mileage 51 Medical Mileage 51 Special Transportation 54 Special Transportation 54 Survivor’s Loss Benefits 57 Survivor’s Loss Benefits 57Free Newsletter Form 61 Free Newsletter Form 6110 Secrets that Your Insurance Company Will Not Tell You 62 10 Secrets that Your Insurance Company Will Not Tell You 62Free Motorcycle Insurance Report 63 Free Motorcycle Insurance Report 63 iii iii
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Who I am and Why I Wrote This Book Who I am and Why I Wrote This BookI am attorney Daniel L. Buckfire and am a partner at the law I am attorney Daniel L. Buckfire and am a partner at the lawfirm of Buckfire & Buckfire, P.C. I have an undergraduate firm of Buckfire & Buckfire, P.C. I have an undergraduatedegree in accounting from the University of Michigan degree in accounting from the University of MichiganBusiness School and a law degree from the University of Business School and a law degree from the University ofMichigan Law School. Michigan Law School.I am not a biker. If you are looking for a biker/lawyer, I am I am not a biker. If you are looking for a biker/lawyer, I amnot the attorney for your case. Of course, if you were looking not the attorney for your case. Of course, if you were lookingfor the best surgeon to operate on your brain, I sincerely for the best surgeon to operate on your brain, I sincerelydoubt that you would insist on having a biker/surgeon. doubt that you would insist on having a biker/surgeon.If you are looking for a lawyer with integrity who possesses If you are looking for a lawyer with integrity who possessessignificant knowledge of the complex insurance and liability significant knowledge of the complex insurance and liabilitylaws relating to motorcycle accidents, you should seriously laws relating to motorcycle accidents, you should seriouslyconsider hiring me for your case. I work with the finest consider hiring me for your case. I work with the finestmotorcycle accident reconstruction experts, highway motorcycle accident reconstruction experts, highwayengineers, and motorcycle safety experts in the United States engineers, and motorcycle safety experts in the United Stateson my cases. I have achieved excellent results for my clients on my cases. I have achieved excellent results for my clientsinjured in motorcycle accidents and believe that I can do the injured in motorcycle accidents and believe that I can do thesame for you. same for you.I wrote this book to help you understand your legal rights if I wrote this book to help you understand your legal rights ifyou were injured in a motorcycle accident. The insurance you were injured in a motorcycle accident. The insurancelaws in Michigan that apply to motorcycle accidents are very laws in Michigan that apply to motorcycle accidents are verycomplicated and change on almost a daily basis. This book complicated and change on almost a daily basis. This bookwas written to make these laws easy to understand for was written to make these laws easy to understand forsomeone who is not a lawyer or judge. someone who is not a lawyer or judge.iv iv The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Who I am and Why I Wrote This Book Who I am and Why I Wrote This BookI am attorney Daniel L. Buckfire and am a partner at the law I am attorney Daniel L. Buckfire and am a partner at the lawfirm of Buckfire & Buckfire, P.C. I have an undergraduate firm of Buckfire & Buckfire, P.C. I have an undergraduatedegree in accounting from the University of Michigan degree in accounting from the University of MichiganBusiness School and a law degree from the University of Business School and a law degree from the University ofMichigan Law School. Michigan Law School.I am not a biker. If you are looking for a biker/lawyer, I am I am not a biker. If you are looking for a biker/lawyer, I amnot the attorney for your case. Of course, if you were looking not the attorney for your case. Of course, if you were lookingfor the best surgeon to operate on your brain, I sincerely for the best surgeon to operate on your brain, I sincerelydoubt that you would insist on having a biker/surgeon. doubt that you would insist on having a biker/surgeon.If you are looking for a lawyer with integrity who possesses If you are looking for a lawyer with integrity who possessessignificant knowledge of the complex insurance and liability significant knowledge of the complex insurance and liabilitylaws relating to motorcycle accidents, you should seriously laws relating to motorcycle accidents, you should seriouslyconsider hiring me for your case. I work with the finest consider hiring me for your case. I work with the finestmotorcycle accident reconstruction experts, highway motorcycle accident reconstruction experts, highwayengineers, and motorcycle safety experts in the United States engineers, and motorcycle safety experts in the United Stateson my cases. I have achieved excellent results for my clients on my cases. I have achieved excellent results for my clientsinjured in motorcycle accidents and believe that I can do the injured in motorcycle accidents and believe that I can do thesame for you. same for you.I wrote this book to help you understand your legal rights if I wrote this book to help you understand your legal rights ifyou were injured in a motorcycle accident. The insurance you were injured in a motorcycle accident. The insurancelaws in Michigan that apply to motorcycle accidents are very laws in Michigan that apply to motorcycle accidents are verycomplicated and change on almost a daily basis. This book complicated and change on almost a daily basis. This bookwas written to make these laws easy to understand for was written to make these laws easy to understand forsomeone who is not a lawyer or judge. someone who is not a lawyer or judge.iv iv
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersThis book may not answer all of your questions and simply This book may not answer all of your questions and simplycannot cover every aspect of the Michigan No-Fault and cannot cover every aspect of the Michigan No-Fault andmotorcycle insurance law. I am very proud to say that I have motorcycle insurance law. I am very proud to say that I havehelped hundreds of injured clients, just like you, with their helped hundreds of injured clients, just like you, with theircases in the last sixteen years. To learn more about my record cases in the last sixteen years. To learn more about my recordof success, please visit my firm web site for some examples of success, please visit my firm web site for some examplesof the great settlements and jury verdicts that I have obtained of the great settlements and jury verdicts that I have obtainedfor my clients. for my clients.I always look forward to sharing my expertise with new I always look forward to sharing my expertise with newclients and gladly speak with all persons who call my office. clients and gladly speak with all persons who call my office.If you know someone else who would benefit from this book, If you know someone else who would benefit from this book,please have them call me and I will send them a copy free of please have them call me and I will send them a copy free ofcharge. charge.Daniel L. Buckfire, Attorney at Law Daniel L. Buckfire, Attorney at Lawdaniel@buckfirelaw.com daniel@buckfirelaw.comSpecializing in Motorcylce Accident and Insurance Claims Specializing in Motorcylce Accident and Insurance Claimswww.BuckfireLaw.com www.BuckfireLaw.comToll-Free: (800) 606-1717 Toll-Free: (800) 606-1717 v v A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersThis book may not answer all of your questions and simply This book may not answer all of your questions and simplycannot cover every aspect of the Michigan No-Fault and cannot cover every aspect of the Michigan No-Fault andmotorcycle insurance law. I am very proud to say that I have motorcycle insurance law. I am very proud to say that I havehelped hundreds of injured clients, just like you, with their helped hundreds of injured clients, just like you, with theircases in the last sixteen years. To learn more about my record cases in the last sixteen years. To learn more about my recordof success, please visit my firm web site for some examples of success, please visit my firm web site for some examplesof the great settlements and jury verdicts that I have obtained of the great settlements and jury verdicts that I have obtainedfor my clients. for my clients.I always look forward to sharing my expertise with new I always look forward to sharing my expertise with newclients and gladly speak with all persons who call my office. clients and gladly speak with all persons who call my office.If you know someone else who would benefit from this book, If you know someone else who would benefit from this book,please have them call me and I will send them a copy free of please have them call me and I will send them a copy free ofcharge. charge.Daniel L. Buckfire, Attorney at Law Daniel L. Buckfire, Attorney at Lawdaniel@buckfirelaw.com daniel@buckfirelaw.comSpecializing in Motorcylce Accident and Insurance Claims Specializing in Motorcylce Accident and Insurance Claimswww.BuckfireLaw.com www.BuckfireLaw.comToll-Free: (800) 606-1717 Toll-Free: (800) 606-1717 v v
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Legal Advice Legal AdviceI am not allowed to give legal advice in this book and you I am not allowed to give legal advice in this book and youshould not take the information in the book as legal advice. should not take the information in the book as legal advice.It is intended to be informative and to provide you and your It is intended to be informative and to provide you and yourfamily with a basic understanding of your rights. If you hire family with a basic understanding of your rights. If you hiremy firm to represent you or a family member for a case, I my firm to represent you or a family member for a case, Iwill fully explain to you your legal rights under Michigan will fully explain to you your legal rights under Michiganlaw and assist you in filing your claims. If you have already law and assist you in filing your claims. If you have alreadyhired a lawyer before reading this book, you should contact hired a lawyer before reading this book, you should contactyour lawyer with specific questions about your rights and your lawyer with specific questions about your rights andbenefits. benefits.vi vi The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Legal Advice Legal AdviceI am not allowed to give legal advice in this book and you I am not allowed to give legal advice in this book and youshould not take the information in the book as legal advice. should not take the information in the book as legal advice.It is intended to be informative and to provide you and your It is intended to be informative and to provide you and yourfamily with a basic understanding of your rights. If you hire family with a basic understanding of your rights. If you hiremy firm to represent you or a family member for a case, I my firm to represent you or a family member for a case, Iwill fully explain to you your legal rights under Michigan will fully explain to you your legal rights under Michiganlaw and assist you in filing your claims. If you have already law and assist you in filing your claims. If you have alreadyhired a lawyer before reading this book, you should contact hired a lawyer before reading this book, you should contactyour lawyer with specific questions about your rights and your lawyer with specific questions about your rights andbenefits. benefits.vi vi
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersChoosing The Right Lawyer For Your Case Choosing The Right Lawyer For Your CaseDo all lawyers in Michigan know how to handle Do all lawyers in Michigan know how to handlemotorcycle accident and injury cases? motorcycle accident and injury cases?No. The insurance laws in Michigan regarding motorcycle No. The insurance laws in Michigan regarding motorcycleaccidents and auto accidents are very confusing and change accidents and auto accidents are very confusing and changealmost on a daily basis. The No-Fault law was created in almost on a daily basis. The No-Fault law was created in1973 and there have been over 2,000 written court opinions 1973 and there have been over 2,000 written court opinionsregarding these laws. regarding these laws.The fact that Attorney Ernie drafted a will for your uncle or The fact that Attorney Ernie drafted a will for your uncle orthat Lawyer Linda handled your cousin’s divorce case does that Lawyer Linda handled your cousin’s divorce case doesnot make them qualified to handle a motorcycle accident not make them qualified to handle a motorcycle accidentcase. Many attorneys who claim to be specialists in case. Many attorneys who claim to be specialists inmotorcycle accident cases do not know the intricacies of the motorcycle accident cases do not know the intricacies of thelaws relating to motorcycle accident cases. laws relating to motorcycle accident cases.While many lawyers will offer to represent you in your case, While many lawyers will offer to represent you in your case,it is important to choose a lawyer to represent you that it is important to choose a lawyer to represent you thathandles serious motorcycle accident injury cases everyday handles serious motorcycle accident injury cases everydayand has significant experience and expertise in representing and has significant experience and expertise in representinginjury victims. Lawyers without this knowledge and injury victims. Lawyers without this knowledge andexperience may not be familiar with or even understand these experience may not be familiar with or even understand theselaws and its many technicalities, which could cause you to laws and its many technicalities, which could cause you tolose your benefits and your opportunity to obtain a settlement lose your benefits and your opportunity to obtain a settlementin your case. in your case. 1 1 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersChoosing The Right Lawyer For Your Case Choosing The Right Lawyer For Your CaseDo all lawyers in Michigan know how to handle Do all lawyers in Michigan know how to handlemotorcycle accident and injury cases? motorcycle accident and injury cases?No. The insurance laws in Michigan regarding motorcycle No. The insurance laws in Michigan regarding motorcycleaccidents and auto accidents are very confusing and change accidents and auto accidents are very confusing and changealmost on a daily basis. The No-Fault law was created in almost on a daily basis. The No-Fault law was created in1973 and there have been over 2,000 written court opinions 1973 and there have been over 2,000 written court opinionsregarding these laws. regarding these laws.The fact that Attorney Ernie drafted a will for your uncle or The fact that Attorney Ernie drafted a will for your uncle orthat Lawyer Linda handled your cousin’s divorce case does that Lawyer Linda handled your cousin’s divorce case doesnot make them qualified to handle a motorcycle accident not make them qualified to handle a motorcycle accidentcase. Many attorneys who claim to be specialists in case. Many attorneys who claim to be specialists inmotorcycle accident cases do not know the intricacies of the motorcycle accident cases do not know the intricacies of thelaws relating to motorcycle accident cases. laws relating to motorcycle accident cases.While many lawyers will offer to represent you in your case, While many lawyers will offer to represent you in your case,it is important to choose a lawyer to represent you that it is important to choose a lawyer to represent you thathandles serious motorcycle accident injury cases everyday handles serious motorcycle accident injury cases everydayand has significant experience and expertise in representing and has significant experience and expertise in representinginjury victims. Lawyers without this knowledge and injury victims. Lawyers without this knowledge andexperience may not be familiar with or even understand these experience may not be familiar with or even understand theselaws and its many technicalities, which could cause you to laws and its many technicalities, which could cause you tolose your benefits and your opportunity to obtain a settlement lose your benefits and your opportunity to obtain a settlementin your case. in your case. 1 1
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow do you find the best lawyer for your case? How do you find the best lawyer for your case?The best way to find the right lawyer is to know the right The best way to find the right lawyer is to know the rightquestions to ask before you hire a lawyer for your case. questions to ask before you hire a lawyer for your case.These questions are a good start: These questions are a good start: 1. What experience do you have handling serious 1. What experience do you have handling serious motorcycle accident injury claims? motorcycle accident injury claims? 2. Have you ever written a book, like this one, on 2. Have you ever written a book, like this one, on motorcycle accidents and insurance claims? motorcycle accidents and insurance claims? 3. Have you ever spoken to groups of other lawyers and 3. Have you ever spoken to groups of other lawyers and professionals about accident cases and insurance professionals about accident cases and insurance laws? laws? 4. Do you have a website with information on motorcycle 4. Do you have a website with information on motorcycle accident cases and free forms that I can print to make accident cases and free forms that I can print to make my insurance claims? my insurance claims? 5. What kinds of settlements have you received for your 5. What kinds of settlements have you received for your clients? clients?The lawyers at Buckfire & Buckfire P.C. will give you The lawyers at Buckfire & Buckfire P.C. will give youhonest answers to these questions. Our firm has represented honest answers to these questions. Our firm has representedinjury victims and their families throughout the State of injury victims and their families throughout the State ofMichigan for almost forty years. Our lawyers have the Michigan for almost forty years. Our lawyers have thethorough knowledge, expertise, and experience in handling thorough knowledge, expertise, and experience in handlingthese cases and understand how to handle difficult cases and these cases and understand how to handle difficult cases andbest represent our clients. Most of our clients are referred to best represent our clients. Most of our clients are referred tous from other clients who have placed their trust in us to us from other clients who have placed their trust in us torepresent their family members, friends, and colleagues. We represent their family members, friends, and colleagues. Wealso receive many referrals from other lawyers and from also receive many referrals from other lawyers and frommedical professionals who recognize that we are the law firm medical professionals who recognize that we are the law firmto best represent their clients and patients. to best represent their clients and patients.2 2 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow do you find the best lawyer for your case? How do you find the best lawyer for your case?The best way to find the right lawyer is to know the right The best way to find the right lawyer is to know the rightquestions to ask before you hire a lawyer for your case. questions to ask before you hire a lawyer for your case.These questions are a good start: These questions are a good start: 1. What experience do you have handling serious 1. What experience do you have handling serious motorcycle accident injury claims? motorcycle accident injury claims? 2. Have you ever written a book, like this one, on 2. Have you ever written a book, like this one, on motorcycle accidents and insurance claims? motorcycle accidents and insurance claims? 3. Have you ever spoken to groups of other lawyers and 3. Have you ever spoken to groups of other lawyers and professionals about accident cases and insurance professionals about accident cases and insurance laws? laws? 4. Do you have a website with information on motorcycle 4. Do you have a website with information on motorcycle accident cases and free forms that I can print to make accident cases and free forms that I can print to make my insurance claims? my insurance claims? 5. What kinds of settlements have you received for your 5. What kinds of settlements have you received for your clients? clients?The lawyers at Buckfire & Buckfire P.C. will give you The lawyers at Buckfire & Buckfire P.C. will give youhonest answers to these questions. Our firm has represented honest answers to these questions. Our firm has representedinjury victims and their families throughout the State of injury victims and their families throughout the State ofMichigan for almost forty years. Our lawyers have the Michigan for almost forty years. Our lawyers have thethorough knowledge, expertise, and experience in handling thorough knowledge, expertise, and experience in handlingthese cases and understand how to handle difficult cases and these cases and understand how to handle difficult cases andbest represent our clients. Most of our clients are referred to best represent our clients. Most of our clients are referred tous from other clients who have placed their trust in us to us from other clients who have placed their trust in us torepresent their family members, friends, and colleagues. We represent their family members, friends, and colleagues. Wealso receive many referrals from other lawyers and from also receive many referrals from other lawyers and frommedical professionals who recognize that we are the law firm medical professionals who recognize that we are the law firmto best represent their clients and patients. to best represent their clients and patients.2 2
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Legal Requirements in Michigan for Legal Requirements in Michigan for Owning and Operating a Motorcycle Owning and Operating a MotorcycleThere are specific legal requirements in the State of Michigan There are specific legal requirements in the State of Michiganfor owning and operating a motorcycle. It is important to for owning and operating a motorcycle. It is important toknow these rules and regulations before you buy or ride a know these rules and regulations before you buy or ride amotorcycle. These requirements also provide the basis for motorcycle. These requirements also provide the basis fordetermining the rights of motorcycle riders and passengers determining the rights of motorcycle riders and passengersinvolved in accidents. involved in accidents.What is considered a “motorcycle” under Michigan law? What is considered a “motorcycle” under Michigan law?A motorcycle is a vehicle having a saddle or seat for the use A motorcycle is a vehicle having a saddle or seat for the useof the rider, designed to travel on not more than 3 wheels in of the rider, designed to travel on not more than 3 wheels incontact with the ground, which is equipped with a motor that contact with the ground, which is equipped with a motor thatexceeds 50 cubic centimeters piston displacement. exceeds 50 cubic centimeters piston displacement.Who is required to wear a helmet when riding a Who is required to wear a helmet when riding amotorcycle in Michigan? motorcycle in Michigan?All motorcycle operators and passengers are required to wear All motorcycle operators and passengers are required to weara safety helmet on their head. The helmet must meet U.S. a safety helmet on their head. The helmet must meet U.S.Department of Transportation standards and be properly Department of Transportation standards and be properlylabeled. The helmet must also be properly fastened. labeled. The helmet must also be properly fastened.What are the registration requirements for motorcycles? What are the registration requirements for motorcycles?If you plan to operate your motorcycle on public roads, you If you plan to operate your motorcycle on public roads, youmust register it with the Secretary of State. Registrations are must register it with the Secretary of State. Registrations arefor one year only and expire on the owner’s birthday. When for one year only and expire on the owner’s birthday. Whenregistering, the owner must provide proof of insurance of registering, the owner must provide proof of insurance of$20,000/$40,000 for public liability and $10,000 for property $20,000/$40,000 for public liability and $10,000 for property 3 3 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Legal Requirements in Michigan for Legal Requirements in Michigan for Owning and Operating a Motorcycle Owning and Operating a MotorcycleThere are specific legal requirements in the State of Michigan There are specific legal requirements in the State of Michiganfor owning and operating a motorcycle. It is important to for owning and operating a motorcycle. It is important toknow these rules and regulations before you buy or ride a know these rules and regulations before you buy or ride amotorcycle. These requirements also provide the basis for motorcycle. These requirements also provide the basis fordetermining the rights of motorcycle riders and passengers determining the rights of motorcycle riders and passengersinvolved in accidents. involved in accidents.What is considered a “motorcycle” under Michigan law? What is considered a “motorcycle” under Michigan law?A motorcycle is a vehicle having a saddle or seat for the use A motorcycle is a vehicle having a saddle or seat for the useof the rider, designed to travel on not more than 3 wheels in of the rider, designed to travel on not more than 3 wheels incontact with the ground, which is equipped with a motor that contact with the ground, which is equipped with a motor thatexceeds 50 cubic centimeters piston displacement. exceeds 50 cubic centimeters piston displacement.Who is required to wear a helmet when riding a Who is required to wear a helmet when riding amotorcycle in Michigan? motorcycle in Michigan?All motorcycle operators and passengers are required to wear All motorcycle operators and passengers are required to weara safety helmet on their head. The helmet must meet U.S. a safety helmet on their head. The helmet must meet U.S.Department of Transportation standards and be properly Department of Transportation standards and be properlylabeled. The helmet must also be properly fastened. labeled. The helmet must also be properly fastened.What are the registration requirements for motorcycles? What are the registration requirements for motorcycles?If you plan to operate your motorcycle on public roads, you If you plan to operate your motorcycle on public roads, youmust register it with the Secretary of State. Registrations are must register it with the Secretary of State. Registrations arefor one year only and expire on the owner’s birthday. When for one year only and expire on the owner’s birthday. Whenregistering, the owner must provide proof of insurance of registering, the owner must provide proof of insurance of$20,000/$40,000 for public liability and $10,000 for property $20,000/$40,000 for public liability and $10,000 for property 3 3
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookdamage. There is no requirement to purchase medical damage. There is no requirement to purchase medicalbenefits coverage on your motorcycle. For initial registration, benefits coverage on your motorcycle. For initial registration,the motorcycle title must be presented and for renewals, the the motorcycle title must be presented and for renewals, therenewal registration or the previous year’s registration must renewal registration or the previous year’s registration mustbe presented. be presented.How do I obtain a motorcycle endorsement on my How do I obtain a motorcycle endorsement on mydriver’s license? driver’s license?To operate a motorcycle on public roads, you must have a To operate a motorcycle on public roads, you must have avalid Michigan driver’s license with a motorcycle valid Michigan driver’s license with a motorcycleendorsement. The requirements for obtaining a motorcycle endorsement. The requirements for obtaining a motorcycleendorsement differ for teens and adults. endorsement differ for teens and adults.For teens to apply for a motorcycle endorsement, teens must For teens to apply for a motorcycle endorsement, teens mustbe at least 16 years old and possess a valid Level 2 or Level be at least 16 years old and possess a valid Level 2 or Level3 Graduated Driver’s License, successfully complete an 3 Graduated Driver’s License, successfully complete anapproved motorcycle safety course, and pass the written approved motorcycle safety course, and pass the writtenSecretary of State test. Secretary of State test.For adults to apply for a motorcycle endorsement, adults age For adults to apply for a motorcycle endorsement, adults age18 or older must possess a valid driver’s license, pass the 18 or older must possess a valid driver’s license, pass thewritten Secretary of State test, pass the motorcycle skills test written Secretary of State test, pass the motorcycle skills testby an organization approved by the Department of State or by an organization approved by the Department of State orpass a motorcycle safety course approved by the Department pass a motorcycle safety course approved by the Departmentof State. If an adult has a valid motorcycle endorsement from of State. If an adult has a valid motorcycle endorsement fromanother state, the skill test and safety test may be waived. another state, the skill test and safety test may be waived.How do I find an approved motorcycle testing program? How do I find an approved motorcycle testing program?Driving skills tests are provided only through third-party Driving skills tests are provided only through third-partytesting programs. You can find one by contacting your local testing programs. You can find one by contacting your local4 4 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookdamage. There is no requirement to purchase medical damage. There is no requirement to purchase medicalbenefits coverage on your motorcycle. For initial registration, benefits coverage on your motorcycle. For initial registration,the motorcycle title must be presented and for renewals, the the motorcycle title must be presented and for renewals, therenewal registration or the previous year’s registration must renewal registration or the previous year’s registration mustbe presented. be presented.How do I obtain a motorcycle endorsement on my How do I obtain a motorcycle endorsement on mydriver’s license? driver’s license?To operate a motorcycle on public roads, you must have a To operate a motorcycle on public roads, you must have avalid Michigan driver’s license with a motorcycle valid Michigan driver’s license with a motorcycleendorsement. The requirements for obtaining a motorcycle endorsement. The requirements for obtaining a motorcycleendorsement differ for teens and adults. endorsement differ for teens and adults.For teens to apply for a motorcycle endorsement, teens must For teens to apply for a motorcycle endorsement, teens mustbe at least 16 years old and possess a valid Level 2 or Level be at least 16 years old and possess a valid Level 2 or Level3 Graduated Driver’s License, successfully complete an 3 Graduated Driver’s License, successfully complete anapproved motorcycle safety course, and pass the written approved motorcycle safety course, and pass the writtenSecretary of State test. Secretary of State test.For adults to apply for a motorcycle endorsement, adults age For adults to apply for a motorcycle endorsement, adults age18 or older must possess a valid driver’s license, pass the 18 or older must possess a valid driver’s license, pass thewritten Secretary of State test, pass the motorcycle skills test written Secretary of State test, pass the motorcycle skills testby an organization approved by the Department of State or by an organization approved by the Department of State orpass a motorcycle safety course approved by the Department pass a motorcycle safety course approved by the Departmentof State. If an adult has a valid motorcycle endorsement from of State. If an adult has a valid motorcycle endorsement fromanother state, the skill test and safety test may be waived. another state, the skill test and safety test may be waived.How do I find an approved motorcycle testing program? How do I find an approved motorcycle testing program?Driving skills tests are provided only through third-party Driving skills tests are provided only through third-partytesting programs. You can find one by contacting your local testing programs. You can find one by contacting your local4 4
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersMichigan Secretary of State office or by visiting the Michigan Secretary of State office or by visiting thedepartment’s web site at www.Michigan.gov/sos. department’s web site at www.Michigan.gov/sos.How do I find an approved motorcycle safety course? How do I find an approved motorcycle safety course?You can find one by contacting your local Michigan You can find one by contacting your local MichiganSecretary of State office or by visiting the department’s web Secretary of State office or by visiting the department’s website at www.Michigan.gov/sos. site at www.Michigan.gov/sos.What are the insurance requirements for owning and What are the insurance requirements for owning andoperating a motorcycle? operating a motorcycle?When registering, the owner must provide proof of insurance When registering, the owner must provide proof of insuranceof $20,000/$40,000 for public liability and $10,000 for of $20,000/$40,000 for public liability and $10,000 forproperty damage. There is no requirement to purchase property damage. There is no requirement to purchasemedical benefits coverage on your motorcycle. medical benefits coverage on your motorcycle.Although there is no requirement to purchase medical benefits Although there is no requirement to purchase medical benefitscoverage, we strongly recommend purchasing the maximum coverage, we strongly recommend purchasing the maximummedical benefits coverage on your motorcycle that you can medical benefits coverage on your motorcycle that you canafford. This type of coverage is called “Med Pay” coverage. afford. This type of coverage is called “Med Pay” coverage.Additionally, we strongly recommend purchasing the Additionally, we strongly recommend purchasing themaximum uninsured/underinsured motorists coverage which maximum uninsured/underinsured motorists coverage whichyou can afford on your motorcycle. This very important you can afford on your motorcycle. This very importantoptional coverage will be discussed in detail later in this book. optional coverage will be discussed in detail later in this book. 5 5 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersMichigan Secretary of State office or by visiting the Michigan Secretary of State office or by visiting thedepartment’s web site at www.Michigan.gov/sos. department’s web site at www.Michigan.gov/sos.How do I find an approved motorcycle safety course? How do I find an approved motorcycle safety course?You can find one by contacting your local Michigan You can find one by contacting your local MichiganSecretary of State office or by visiting the department’s web Secretary of State office or by visiting the department’s website at www.Michigan.gov/sos. site at www.Michigan.gov/sos.What are the insurance requirements for owning and What are the insurance requirements for owning andoperating a motorcycle? operating a motorcycle?When registering, the owner must provide proof of insurance When registering, the owner must provide proof of insuranceof $20,000/$40,000 for public liability and $10,000 for of $20,000/$40,000 for public liability and $10,000 forproperty damage. There is no requirement to purchase property damage. There is no requirement to purchasemedical benefits coverage on your motorcycle. medical benefits coverage on your motorcycle.Although there is no requirement to purchase medical benefits Although there is no requirement to purchase medical benefitscoverage, we strongly recommend purchasing the maximum coverage, we strongly recommend purchasing the maximummedical benefits coverage on your motorcycle that you can medical benefits coverage on your motorcycle that you canafford. This type of coverage is called “Med Pay” coverage. afford. This type of coverage is called “Med Pay” coverage.Additionally, we strongly recommend purchasing the Additionally, we strongly recommend purchasing themaximum uninsured/underinsured motorists coverage which maximum uninsured/underinsured motorists coverage whichyou can afford on your motorcycle. This very important you can afford on your motorcycle. This very importantoptional coverage will be discussed in detail later in this book. optional coverage will be discussed in detail later in this book. 5 5
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook What does the phrase What does the phrase “No-Fault” mean anyway? “No-Fault” mean anyway?Most of you have heard the phrase “No-Fault” but do not Most of you have heard the phrase “No-Fault” but do notknow exactly what it means or how it affects you if you were know exactly what it means or how it affects you if you wereinvolved in a motorcycle accident. You are not alone. involved in a motorcycle accident. You are not alone.Basically, it means that you may be able get insurance benefits Basically, it means that you may be able get insurance benefitsregardless of whether you or someone else was at fault in the regardless of whether you or someone else was at fault in theaccident. That’s right, you may be entitled to insurance accident. That’s right, you may be entitled to insurancebenefits even if you were at fault in the accident. benefits even if you were at fault in the accident.Generally, when you are involved in a motorcycle accident in Generally, when you are involved in a motorcycle accident inMichigan, there are three potential types of insurance claims, Michigan, there are three potential types of insurance claims,depending on the circumstances of the accident. These claims depending on the circumstances of the accident. These claimsare explained in more detail in this book, but they are are explained in more detail in this book, but they areclassified as: classified as: MOTORCYCLE REPAIRS AND DAMAGES MOTORCYCLE REPAIRS AND DAMAGES (Payment for repairs to your motorcycle) (Payment for repairs to your motorcycle) BODILY INJURY CLAIMS BODILY INJURY CLAIMS (Payment for your personal injuries) (Payment for your personal injuries) NO-FAULT INSURANCE BENEFITS/MED PAY NO-FAULT INSURANCE BENEFITS/MED PAY BENEFITS BENEFITS (Payment for wage loss, medical expenses, etc.) (Payment for wage loss, medical expenses, etc.)Michigan is a no-fault state, and there are very complex laws Michigan is a no-fault state, and there are very complex lawsin determining where to make claims for motorcycle repairs in determining where to make claims for motorcycle repairsand no-fault benefits. Michigan law also allows you to make and no-fault benefits. Michigan law also allows you to makea claim against the driver and owner of the car or motorcycle a claim against the driver and owner of the car or motorcyclewho was at fault in the accident if you suffered personal who was at fault in the accident if you suffered personal6 6 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook What does the phrase What does the phrase “No-Fault” mean anyway? “No-Fault” mean anyway?Most of you have heard the phrase “No-Fault” but do not Most of you have heard the phrase “No-Fault” but do notknow exactly what it means or how it affects you if you were know exactly what it means or how it affects you if you wereinvolved in a motorcycle accident. You are not alone. involved in a motorcycle accident. You are not alone.Basically, it means that you may be able get insurance benefits Basically, it means that you may be able get insurance benefitsregardless of whether you or someone else was at fault in the regardless of whether you or someone else was at fault in theaccident. That’s right, you may be entitled to insurance accident. That’s right, you may be entitled to insurancebenefits even if you were at fault in the accident. benefits even if you were at fault in the accident.Generally, when you are involved in a motorcycle accident in Generally, when you are involved in a motorcycle accident inMichigan, there are three potential types of insurance claims, Michigan, there are three potential types of insurance claims,depending on the circumstances of the accident. These claims depending on the circumstances of the accident. These claimsare explained in more detail in this book, but they are are explained in more detail in this book, but they areclassified as: classified as: MOTORCYCLE REPAIRS AND DAMAGES MOTORCYCLE REPAIRS AND DAMAGES (Payment for repairs to your motorcycle) (Payment for repairs to your motorcycle) BODILY INJURY CLAIMS BODILY INJURY CLAIMS (Payment for your personal injuries) (Payment for your personal injuries) NO-FAULT INSURANCE BENEFITS/MED PAY NO-FAULT INSURANCE BENEFITS/MED PAY BENEFITS BENEFITS (Payment for wage loss, medical expenses, etc.) (Payment for wage loss, medical expenses, etc.)Michigan is a no-fault state, and there are very complex laws Michigan is a no-fault state, and there are very complex lawsin determining where to make claims for motorcycle repairs in determining where to make claims for motorcycle repairsand no-fault benefits. Michigan law also allows you to make and no-fault benefits. Michigan law also allows you to makea claim against the driver and owner of the car or motorcycle a claim against the driver and owner of the car or motorcyclewho was at fault in the accident if you suffered personal who was at fault in the accident if you suffered personal6 6
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersinjuries, such as pain and suffering and for any visible scars injuries, such as pain and suffering and for any visible scarsor disfigurements. These are called bodily injury claims. or disfigurements. These are called bodily injury claims.In this book, I will tell you how to make these claims and will In this book, I will tell you how to make these claims and willanswer many of your common questions. Of course, if you answer many of your common questions. Of course, if youhave questions that were not answered in this book, you can have questions that were not answered in this book, you canalways just pick up the telephone and give me a call. Please always just pick up the telephone and give me a call. Pleasefeel free to call me at our toll-free number at 1-800-606-1717. feel free to call me at our toll-free number at 1-800-606-1717. 7 7 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersinjuries, such as pain and suffering and for any visible scars injuries, such as pain and suffering and for any visible scarsor disfigurements. These are called bodily injury claims. or disfigurements. These are called bodily injury claims.In this book, I will tell you how to make these claims and will In this book, I will tell you how to make these claims and willanswer many of your common questions. Of course, if you answer many of your common questions. Of course, if youhave questions that were not answered in this book, you can have questions that were not answered in this book, you canalways just pick up the telephone and give me a call. Please always just pick up the telephone and give me a call. Pleasefeel free to call me at our toll-free number at 1-800-606-1717. feel free to call me at our toll-free number at 1-800-606-1717. 7 7
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Motorcycle Repair and Damage Claims Motorcycle Repair and Damage ClaimsWho has to pay for the repairs and damage to my Who has to pay for the repairs and damage to mymotorcycle? motorcycle?Typically, your own motorcycle insurance pays for the Typically, your own motorcycle insurance pays for thedamages and repairs to your motorcycle. damages and repairs to your motorcycle.In cases involving an accident with an automobile, the at- In cases involving an accident with an automobile, the at-fault driver and owner of the automobile is not responsible for fault driver and owner of the automobile is not responsible forany damage done to your motorcycle—not even your any damage done to your motorcycle—not even yourdeductible. Therefore, if you want compensation for the deductible. Therefore, if you want compensation for thedamages and repairs to your motorcycle, you should purchase damages and repairs to your motorcycle, you should purchaseCollision Coverage for the motorcycle with your insurance Collision Coverage for the motorcycle with your insurancecompany. company.In cases involving an accident with another motorcycle, the In cases involving an accident with another motorcycle, theat-fault driver and owner of the motorcycle is responsible for at-fault driver and owner of the motorcycle is responsible forthe damages and repairs to your motorcycle. the damages and repairs to your motorcycle.What types of collision coverage are there? What types of collision coverage are there?Most insurers offer Standard Collision and Comprehensive Most insurers offer Standard Collision and Comprehensiveinsurance coverage. With Standard Collision coverage, your insurance coverage. With Standard Collision coverage, yourinsurance company pays for the damages and repairs to your insurance company pays for the damages and repairs to yourmotorcycle when you collide with another vehicle or object. motorcycle when you collide with another vehicle or object.If you hit a car, a pole or another nonliving object, Standard If you hit a car, a pole or another nonliving object, StandardCollision coverage will apply. Collision coverage will apply.With Comprehensive coverage, your insurance company With Comprehensive coverage, your insurance companypays for the damages and repairs to your motorcycle caused pays for the damages and repairs to your motorcycle caused8 8 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Motorcycle Repair and Damage Claims Motorcycle Repair and Damage ClaimsWho has to pay for the repairs and damage to my Who has to pay for the repairs and damage to mymotorcycle? motorcycle?Typically, your own motorcycle insurance pays for the Typically, your own motorcycle insurance pays for thedamages and repairs to your motorcycle. damages and repairs to your motorcycle.In cases involving an accident with an automobile, the at- In cases involving an accident with an automobile, the at-fault driver and owner of the automobile is not responsible for fault driver and owner of the automobile is not responsible forany damage done to your motorcycle—not even your any damage done to your motorcycle—not even yourdeductible. Therefore, if you want compensation for the deductible. Therefore, if you want compensation for thedamages and repairs to your motorcycle, you should purchase damages and repairs to your motorcycle, you should purchaseCollision Coverage for the motorcycle with your insurance Collision Coverage for the motorcycle with your insurancecompany. company.In cases involving an accident with another motorcycle, the In cases involving an accident with another motorcycle, theat-fault driver and owner of the motorcycle is responsible for at-fault driver and owner of the motorcycle is responsible forthe damages and repairs to your motorcycle. the damages and repairs to your motorcycle.What types of collision coverage are there? What types of collision coverage are there?Most insurers offer Standard Collision and Comprehensive Most insurers offer Standard Collision and Comprehensiveinsurance coverage. With Standard Collision coverage, your insurance coverage. With Standard Collision coverage, yourinsurance company pays for the damages and repairs to your insurance company pays for the damages and repairs to yourmotorcycle when you collide with another vehicle or object. motorcycle when you collide with another vehicle or object.If you hit a car, a pole or another nonliving object, Standard If you hit a car, a pole or another nonliving object, StandardCollision coverage will apply. Collision coverage will apply.With Comprehensive coverage, your insurance company With Comprehensive coverage, your insurance companypays for the damages and repairs to your motorcycle caused pays for the damages and repairs to your motorcycle caused8 8
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersby an event other than a collision, such as fire, theft or by an event other than a collision, such as fire, theft orvandalism. Also, if you hit an animal. Comprehensive vandalism. Also, if you hit an animal. Comprehensivecoverage will apply. Both coverages are subject to a coverage will apply. Both coverages are subject to adeductible. Also, if you purchase Comprehensive and/or deductible. Also, if you purchase Comprehensive and/orCollision coverage, most insurers provide a nominal amount Collision coverage, most insurers provide a nominal amountof Custom Parts and Equipment (CPE)/Accessory coverage, of Custom Parts and Equipment (CPE)/Accessory coverage,with an option to purchase additional coverage, usually up to with an option to purchase additional coverage, usually up to$30,000.00. $30,000.00.What if I did not buy collision coverage? What if I did not buy collision coverage?If you did not buy Collision coverage, you will have to pay If you did not buy Collision coverage, you will have to payfor the damages and repairs to your motorcycle even if you for the damages and repairs to your motorcycle even if youwere not at-fault in the accident. However, there are were not at-fault in the accident. However, there areexceptions. First, you can seek payment from an at-fault exceptions. First, you can seek payment from an at-faultdriver and owner of an automobile if the driver and owner of driver and owner of an automobile if the driver and owner ofthe automobile were uninsured. Second, if a driver of a the automobile were uninsured. Second, if a driver of amotorcycle negligently causes damages to your motorcycle, motorcycle negligently causes damages to your motorcycle,you can seek payment for the damages and repairs to your you can seek payment for the damages and repairs to yourmotorcycle from the driver and owner of the other motorcycle from the driver and owner of the othermotorcycle. Finally, if your motorcycle was parked in a legal, motorcycle. Finally, if your motorcycle was parked in a legal,safe and reasonable manner and was struck by an automobile, safe and reasonable manner and was struck by an automobile,the damages to your motorcycle are recoverable from the the damages to your motorcycle are recoverable from theinsurer of the owner or operator of the automobile involved insurer of the owner or operator of the automobile involvedin the accident. in the accident.What is a deductible? What is a deductible?This is the amount that you agree to pay toward the damages This is the amount that you agree to pay toward the damagesand cost of repairs to your motorcycle before the insurance and cost of repairs to your motorcycle before the insurancecompany steps in to pay for the rest of the damages and the company steps in to pay for the rest of the damages and thecost of repairs to your motorcycle. cost of repairs to your motorcycle. 9 9 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersby an event other than a collision, such as fire, theft or by an event other than a collision, such as fire, theft orvandalism. Also, if you hit an animal. Comprehensive vandalism. Also, if you hit an animal. Comprehensivecoverage will apply. Both coverages are subject to a coverage will apply. Both coverages are subject to adeductible. Also, if you purchase Comprehensive and/or deductible. Also, if you purchase Comprehensive and/orCollision coverage, most insurers provide a nominal amount Collision coverage, most insurers provide a nominal amountof Custom Parts and Equipment (CPE)/Accessory coverage, of Custom Parts and Equipment (CPE)/Accessory coverage,with an option to purchase additional coverage, usually up to with an option to purchase additional coverage, usually up to$30,000.00. $30,000.00.What if I did not buy collision coverage? What if I did not buy collision coverage?If you did not buy Collision coverage, you will have to pay If you did not buy Collision coverage, you will have to payfor the damages and repairs to your motorcycle even if you for the damages and repairs to your motorcycle even if youwere not at-fault in the accident. However, there are were not at-fault in the accident. However, there areexceptions. First, you can seek payment from an at-fault exceptions. First, you can seek payment from an at-faultdriver and owner of an automobile if the driver and owner of driver and owner of an automobile if the driver and owner ofthe automobile were uninsured. Second, if a driver of a the automobile were uninsured. Second, if a driver of amotorcycle negligently causes damages to your motorcycle, motorcycle negligently causes damages to your motorcycle,you can seek payment for the damages and repairs to your you can seek payment for the damages and repairs to yourmotorcycle from the driver and owner of the other motorcycle from the driver and owner of the othermotorcycle. Finally, if your motorcycle was parked in a legal, motorcycle. Finally, if your motorcycle was parked in a legal,safe and reasonable manner and was struck by an automobile, safe and reasonable manner and was struck by an automobile,the damages to your motorcycle are recoverable from the the damages to your motorcycle are recoverable from theinsurer of the owner or operator of the automobile involved insurer of the owner or operator of the automobile involvedin the accident. in the accident.What is a deductible? What is a deductible?This is the amount that you agree to pay toward the damages This is the amount that you agree to pay toward the damagesand cost of repairs to your motorcycle before the insurance and cost of repairs to your motorcycle before the insurancecompany steps in to pay for the rest of the damages and the company steps in to pay for the rest of the damages and thecost of repairs to your motorcycle. cost of repairs to your motorcycle. 9 9
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookWhat is a mini-tort claim and does it apply motorcycles? What is a mini-tort claim and does it apply motorcycles?The Michigan No-Fault Act allows drivers and owners of an The Michigan No-Fault Act allows drivers and owners of anautomobile to recover up to $500.00 from the at-fault driver automobile to recover up to $500.00 from the at-fault driverand owner of an automobile to cover the damages and repairs and owner of an automobile to cover the damages and repairsto the automobile. However, motorcyclists are not entitled to to the automobile. However, motorcyclists are not entitled tomake a mini-tort claim because it is limited to motor vehicles, make a mini-tort claim because it is limited to motor vehicles,and a motorcycle is not considered a motor vehicle under the and a motorcycle is not considered a motor vehicle under theMichigan No-Fault Act. Michigan No-Fault Act.How much money out of my pocket will I have to pay for How much money out of my pocket will I have to pay forthe repairs? the repairs?This depends on the amount of coverage you purchased and This depends on the amount of coverage you purchased andthe amount of your deductible. the amount of your deductible.Do I have to pay for repairs and damages to another Do I have to pay for repairs and damages to anotherperson’s car if I caused the accident? person’s car if I caused the accident?Because a motorcycle is not considered to be a motor vehicle Because a motorcycle is not considered to be a motor vehicle(an automobile, car or truck) within the meaning of the (an automobile, car or truck) within the meaning of theMichigan No-Fault Act, the at-fault operator and owner of a Michigan No-Fault Act, the at-fault operator and owner of amotorcycle does not have No-Fault immunity. Thus, if an motorcycle does not have No-Fault immunity. Thus, if anoperator and owner of a motorcycle is at-fault in an accident, operator and owner of a motorcycle is at-fault in an accident,then he or she may be liable to pay for the damages and then he or she may be liable to pay for the damages andrepairs to the other vehicle, regardless of whether the other repairs to the other vehicle, regardless of whether the othervehicle was an automobile or a motorcycle. If you purchased vehicle was an automobile or a motorcycle. If you purchasedthe required insurance for your motorcycle, the damages and the required insurance for your motorcycle, the damages andrepairs to the other person’s vehicle will be covered by your repairs to the other person’s vehicle will be covered by yourinsurer, up to the property damage limits of your policy. insurer, up to the property damage limits of your policy.10 10 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookWhat is a mini-tort claim and does it apply motorcycles? What is a mini-tort claim and does it apply motorcycles?The Michigan No-Fault Act allows drivers and owners of an The Michigan No-Fault Act allows drivers and owners of anautomobile to recover up to $500.00 from the at-fault driver automobile to recover up to $500.00 from the at-fault driverand owner of an automobile to cover the damages and repairs and owner of an automobile to cover the damages and repairsto the automobile. However, motorcyclists are not entitled to to the automobile. However, motorcyclists are not entitled tomake a mini-tort claim because it is limited to motor vehicles, make a mini-tort claim because it is limited to motor vehicles,and a motorcycle is not considered a motor vehicle under the and a motorcycle is not considered a motor vehicle under theMichigan No-Fault Act. Michigan No-Fault Act.How much money out of my pocket will I have to pay for How much money out of my pocket will I have to pay forthe repairs? the repairs?This depends on the amount of coverage you purchased and This depends on the amount of coverage you purchased andthe amount of your deductible. the amount of your deductible.Do I have to pay for repairs and damages to another Do I have to pay for repairs and damages to anotherperson’s car if I caused the accident? person’s car if I caused the accident?Because a motorcycle is not considered to be a motor vehicle Because a motorcycle is not considered to be a motor vehicle(an automobile, car or truck) within the meaning of the (an automobile, car or truck) within the meaning of theMichigan No-Fault Act, the at-fault operator and owner of a Michigan No-Fault Act, the at-fault operator and owner of amotorcycle does not have No-Fault immunity. Thus, if an motorcycle does not have No-Fault immunity. Thus, if anoperator and owner of a motorcycle is at-fault in an accident, operator and owner of a motorcycle is at-fault in an accident,then he or she may be liable to pay for the damages and then he or she may be liable to pay for the damages andrepairs to the other vehicle, regardless of whether the other repairs to the other vehicle, regardless of whether the othervehicle was an automobile or a motorcycle. If you purchased vehicle was an automobile or a motorcycle. If you purchasedthe required insurance for your motorcycle, the damages and the required insurance for your motorcycle, the damages andrepairs to the other person’s vehicle will be covered by your repairs to the other person’s vehicle will be covered by yourinsurer, up to the property damage limits of your policy. insurer, up to the property damage limits of your policy.10 10
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Being Compensated for Being Compensated for Your Personal Injuries Your Personal InjuriesWe have shown you how to obtain money to have your We have shown you how to obtain money to have yourmotorcycle repaired. Now we will answer the most common motorcycle repaired. Now we will answer the most commonquestions asked about how to receive a settlement for your questions asked about how to receive a settlement for yourinjuries. injuries.If I was driving a motorcycle or was a passenger on a If I was driving a motorcycle or was a passenger on amotorcycle that was struck by an automobile, can I sue motorcycle that was struck by an automobile, can I suethe driver and the owner of the automobile that caused the driver and the owner of the automobile that causedthe accident for my injuries? the accident for my injuries?Yes. If the driver of the other automobile was at fault in the Yes. If the driver of the other automobile was at fault in theaccident and you suffered a serious injury or disfigurement accident and you suffered a serious injury or disfigurement(like a scar), you can sue the driver and the owner of the other (like a scar), you can sue the driver and the owner of the otherautomobile. A claim is made against the driver and owner of automobile. A claim is made against the driver and owner ofthe automobile that caused the accident, and your damages the automobile that caused the accident, and your damagesare covered by their insurance company. are covered by their insurance company.What injuries are considered serious? What injuries are considered serious?There is no specific injury that automatically qualifies as a There is no specific injury that automatically qualifies as a“serious” injury and this is determined on a case by case basis. “serious” injury and this is determined on a case by case basis.However, here are some examples of injuries that may qualify. However, here are some examples of injuries that may qualify. • Fractured and broken bones • Fractured and broken bones • Back and neck injuries, like herniated and bulging discs • Back and neck injuries, like herniated and bulging discs • Nerve damage • Nerve damage • Injuries that require surgery or substantial treatment • Injuries that require surgery or substantial treatment • Closed head and traumatic brain injuries • Closed head and traumatic brain injuries • Spinal cord injuries • Spinal cord injuries 11 11 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Being Compensated for Being Compensated for Your Personal Injuries Your Personal InjuriesWe have shown you how to obtain money to have your We have shown you how to obtain money to have yourmotorcycle repaired. Now we will answer the most common motorcycle repaired. Now we will answer the most commonquestions asked about how to receive a settlement for your questions asked about how to receive a settlement for yourinjuries. injuries.If I was driving a motorcycle or was a passenger on a If I was driving a motorcycle or was a passenger on amotorcycle that was struck by an automobile, can I sue motorcycle that was struck by an automobile, can I suethe driver and the owner of the automobile that caused the driver and the owner of the automobile that causedthe accident for my injuries? the accident for my injuries?Yes. If the driver of the other automobile was at fault in the Yes. If the driver of the other automobile was at fault in theaccident and you suffered a serious injury or disfigurement accident and you suffered a serious injury or disfigurement(like a scar), you can sue the driver and the owner of the other (like a scar), you can sue the driver and the owner of the otherautomobile. A claim is made against the driver and owner of automobile. A claim is made against the driver and owner ofthe automobile that caused the accident, and your damages the automobile that caused the accident, and your damagesare covered by their insurance company. are covered by their insurance company.What injuries are considered serious? What injuries are considered serious?There is no specific injury that automatically qualifies as a There is no specific injury that automatically qualifies as a“serious” injury and this is determined on a case by case basis. “serious” injury and this is determined on a case by case basis.However, here are some examples of injuries that may qualify. However, here are some examples of injuries that may qualify. • Fractured and broken bones • Fractured and broken bones • Back and neck injuries, like herniated and bulging discs • Back and neck injuries, like herniated and bulging discs • Nerve damage • Nerve damage • Injuries that require surgery or substantial treatment • Injuries that require surgery or substantial treatment • Closed head and traumatic brain injuries • Closed head and traumatic brain injuries • Spinal cord injuries • Spinal cord injuries 11 11
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook • Psychological injuries, like depression and post- • Psychological injuries, like depression and post- traumatic stress disorder traumatic stress disorder • Injuries which cause disability from work and other • Injuries which cause disability from work and other daily activities daily activitiesIf I was driving a motorcycle or was a passenger on a If I was driving a motorcycle or was a passenger on amotorcycle that was struck by another motorcycle, can I motorcycle that was struck by another motorcycle, can Isue the driver and the owner of the motorcycle that sue the driver and the owner of the motorcycle thatcaused the accident for my injuries? caused the accident for my injuries?Yes, if the driver of the other motorcycle was at fault in the Yes, if the driver of the other motorcycle was at fault in theaccident. However, unlike automobile accidents, where the accident. However, unlike automobile accidents, where theother driver was operating a “motor vehicle” such as a car or other driver was operating a “motor vehicle” such as a car ortruck, you do not need to prove that your injury was “serious” truck, you do not need to prove that your injury was “serious”or that you suffered some sort of disfigurement. You can sue or that you suffered some sort of disfigurement. You can suethe driver and the owner of the other motorcycle for all of the driver and the owner of the other motorcycle for all ofyour damages and injuries. A claim is made against the driver your damages and injuries. A claim is made against the driverand the owner of the motorcycle that caused the accident, and and the owner of the motorcycle that caused the accident, andyour damages are covered by their insurance company. your damages are covered by their insurance company.If I was a passenger on a motorcycle and the driver of that If I was a passenger on a motorcycle and the driver of thatmotorcycle caused the accident, can I sue the driver of the motorcycle caused the accident, can I sue the driver of themotorcycle for my injuries? motorcycle for my injuries?Yes, if the driver of the motorcycle was at fault in the accident. Yes, if the driver of the motorcycle was at fault in the accident.However, unlike automobile accidents, where the other driver However, unlike automobile accidents, where the other driverwas operating a car or truck, you do not need to prove that was operating a car or truck, you do not need to prove thatyour injury was “serious” or that you suffered some sort of your injury was “serious” or that you suffered some sort ofdisfigurement. You can sue the driver and the owner of the disfigurement. You can sue the driver and the owner of themotorcycle for all of your damages and injuries. A claim is motorcycle for all of your damages and injuries. A claim ismade against the driver and the owner of the motorcycle, and made against the driver and the owner of the motorcycle, andyour damages are covered by their insurance company. your damages are covered by their insurance company.12 12 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook • Psychological injuries, like depression and post- • Psychological injuries, like depression and post- traumatic stress disorder traumatic stress disorder • Injuries which cause disability from work and other • Injuries which cause disability from work and other daily activities daily activitiesIf I was driving a motorcycle or was a passenger on a If I was driving a motorcycle or was a passenger on amotorcycle that was struck by another motorcycle, can I motorcycle that was struck by another motorcycle, can Isue the driver and the owner of the motorcycle that sue the driver and the owner of the motorcycle thatcaused the accident for my injuries? caused the accident for my injuries?Yes, if the driver of the other motorcycle was at fault in the Yes, if the driver of the other motorcycle was at fault in theaccident. However, unlike automobile accidents, where the accident. However, unlike automobile accidents, where theother driver was operating a “motor vehicle” such as a car or other driver was operating a “motor vehicle” such as a car ortruck, you do not need to prove that your injury was “serious” truck, you do not need to prove that your injury was “serious”or that you suffered some sort of disfigurement. You can sue or that you suffered some sort of disfigurement. You can suethe driver and the owner of the other motorcycle for all of the driver and the owner of the other motorcycle for all ofyour damages and injuries. A claim is made against the driver your damages and injuries. A claim is made against the driverand the owner of the motorcycle that caused the accident, and and the owner of the motorcycle that caused the accident, andyour damages are covered by their insurance company. your damages are covered by their insurance company.If I was a passenger on a motorcycle and the driver of that If I was a passenger on a motorcycle and the driver of thatmotorcycle caused the accident, can I sue the driver of the motorcycle caused the accident, can I sue the driver of themotorcycle for my injuries? motorcycle for my injuries?Yes, if the driver of the motorcycle was at fault in the accident. Yes, if the driver of the motorcycle was at fault in the accident.However, unlike automobile accidents, where the other driver However, unlike automobile accidents, where the other driverwas operating a car or truck, you do not need to prove that was operating a car or truck, you do not need to prove thatyour injury was “serious” or that you suffered some sort of your injury was “serious” or that you suffered some sort ofdisfigurement. You can sue the driver and the owner of the disfigurement. You can sue the driver and the owner of themotorcycle for all of your damages and injuries. A claim is motorcycle for all of your damages and injuries. A claim ismade against the driver and the owner of the motorcycle, and made against the driver and the owner of the motorcycle, andyour damages are covered by their insurance company. your damages are covered by their insurance company.12 12
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat if I was a passenger on a motorcycle being driven What if I was a passenger on a motorcycle being drivenby a friend or family member? Could I still make a claim by a friend or family member? Could I still make a claimagainst their insurance policy? against their insurance policy?Yes, you are still entitled to make a claim against your family Yes, you are still entitled to make a claim against your familymember or friend. Remember, your damages are covered by member or friend. Remember, your damages are covered bytheir insurance company. their insurance company.How much time do I have to sue the driver and the owner How much time do I have to sue the driver and the ownerof the automobile and/or motorcycle that caused the of the automobile and/or motorcycle that caused theaccident? accident?You typically must file a lawsuit with the court within three You typically must file a lawsuit with the court within threeyears of the date of the accident. If the injured person is a years of the date of the accident. If the injured person is achild or a person with a mental disability, this period can child or a person with a mental disability, this period canoften be extended beyond three years. In order to protect your often be extended beyond three years. In order to protect yourrights, we recommend that you contact an attorney rights, we recommend that you contact an attorneyimmediately to find out the time limitations involved in suing immediately to find out the time limitations involved in suingthe driver and owner of the car and/or motorcycle that caused the driver and owner of the car and/or motorcycle that causedthe accident. the accident.What if the driver and owner of the automobile and/or What if the driver and owner of the automobile and/ormotorcycle who caused my injuries did not have liability motorcycle who caused my injuries did not have liabilityinsurance at the time of the accident? insurance at the time of the accident?You may still recover compensation for your personal You may still recover compensation for your personalinjuries. This depends on whether you were occupying a injuries. This depends on whether you were occupying amotorcycle which had uninsured motorists coverage or you motorcycle which had uninsured motorists coverage or youwere covered by your own insurance policy or a family were covered by your own insurance policy or a familymember’s insurance policy which had uninsured motorist member’s insurance policy which had uninsured motoristcoverage at the time of the accident. This is called an coverage at the time of the accident. This is called anUninsured Motorists Claim. Uninsured Motorists Claim. 13 13 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat if I was a passenger on a motorcycle being driven What if I was a passenger on a motorcycle being drivenby a friend or family member? Could I still make a claim by a friend or family member? Could I still make a claimagainst their insurance policy? against their insurance policy?Yes, you are still entitled to make a claim against your family Yes, you are still entitled to make a claim against your familymember or friend. Remember, your damages are covered by member or friend. Remember, your damages are covered bytheir insurance company. their insurance company.How much time do I have to sue the driver and the owner How much time do I have to sue the driver and the ownerof the automobile and/or motorcycle that caused the of the automobile and/or motorcycle that caused theaccident? accident?You typically must file a lawsuit with the court within three You typically must file a lawsuit with the court within threeyears of the date of the accident. If the injured person is a years of the date of the accident. If the injured person is achild or a person with a mental disability, this period can child or a person with a mental disability, this period canoften be extended beyond three years. In order to protect your often be extended beyond three years. In order to protect yourrights, we recommend that you contact an attorney rights, we recommend that you contact an attorneyimmediately to find out the time limitations involved in suing immediately to find out the time limitations involved in suingthe driver and owner of the car and/or motorcycle that caused the driver and owner of the car and/or motorcycle that causedthe accident. the accident.What if the driver and owner of the automobile and/or What if the driver and owner of the automobile and/ormotorcycle who caused my injuries did not have liability motorcycle who caused my injuries did not have liabilityinsurance at the time of the accident? insurance at the time of the accident?You may still recover compensation for your personal You may still recover compensation for your personalinjuries. This depends on whether you were occupying a injuries. This depends on whether you were occupying amotorcycle which had uninsured motorists coverage or you motorcycle which had uninsured motorists coverage or youwere covered by your own insurance policy or a family were covered by your own insurance policy or a familymember’s insurance policy which had uninsured motorist member’s insurance policy which had uninsured motoristcoverage at the time of the accident. This is called an coverage at the time of the accident. This is called anUninsured Motorists Claim. Uninsured Motorists Claim. 13 13
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookIn order to protect your rights, we recommend that you In order to protect your rights, we recommend that youcontact an attorney immediately to find out the time contact an attorney immediately to find out the timelimitations involved in making an Uninsured Motorists limitations involved in making an Uninsured MotoristsClaim, as well as the requirements under the policy which Claim, as well as the requirements under the policy whichyou must meet in order to make such a claim. you must meet in order to make such a claim.What if the driver and the owner of the automobile and/or What if the driver and the owner of the automobile and/ormotorcycle that caused my injuries had only minimum motorcycle that caused my injuries had only minimumcoverage for my bodily injuries caused in the accident? coverage for my bodily injuries caused in the accident?This depends on whether you were occupying a motorcycle This depends on whether you were occupying a motorcyclewhich had underinsured motorists coverage, or you were which had underinsured motorists coverage, or you werecovered by your own insurance policy or a family member’s covered by your own insurance policy or a family member’sinsurance policy, which had underinsured motorists insurance policy, which had underinsured motoristscoverage at the time of the accident. If you are eligible for coverage at the time of the accident. If you are eligible forthis coverage, you can often make a claim against the policy this coverage, you can often make a claim against the policyto receive a settlement that is higher than the at-fault driver’s to receive a settlement that is higher than the at-fault driver’sinsurance coverage. This is called an Underinsured insurance coverage. This is called an UnderinsuredMotorists Claim. Motorists Claim.In order to protect your rights, we recommend that you In order to protect your rights, we recommend that youcontact an attorney immediately to find out the time contact an attorney immediately to find out the timelimitations involved in making an Underinsured Motorists limitations involved in making an Underinsured MotoristsClaim, as well the requirements under the policy which you Claim, as well the requirements under the policy which youmust meet in order to make such a claim. must meet in order to make such a claim.If a family member died from a motorcycle accident, what If a family member died from a motorcycle accident, whatkind of claims can family members make against the kind of claims can family members make against thedriver and owner of the vehicle that caused the death? driver and owner of the vehicle that caused the death?This is called a Wrongful Death Case and can be brought by This is called a Wrongful Death Case and can be brought bythe personal representative of the estate, usually a family the personal representative of the estate, usually a family14 14 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookIn order to protect your rights, we recommend that you In order to protect your rights, we recommend that youcontact an attorney immediately to find out the time contact an attorney immediately to find out the timelimitations involved in making an Uninsured Motorists limitations involved in making an Uninsured MotoristsClaim, as well as the requirements under the policy which Claim, as well as the requirements under the policy whichyou must meet in order to make such a claim. you must meet in order to make such a claim.What if the driver and the owner of the automobile and/or What if the driver and the owner of the automobile and/ormotorcycle that caused my injuries had only minimum motorcycle that caused my injuries had only minimumcoverage for my bodily injuries caused in the accident? coverage for my bodily injuries caused in the accident?This depends on whether you were occupying a motorcycle This depends on whether you were occupying a motorcyclewhich had underinsured motorists coverage, or you were which had underinsured motorists coverage, or you werecovered by your own insurance policy or a family member’s covered by your own insurance policy or a family member’sinsurance policy, which had underinsured motorists insurance policy, which had underinsured motoristscoverage at the time of the accident. If you are eligible for coverage at the time of the accident. If you are eligible forthis coverage, you can often make a claim against the policy this coverage, you can often make a claim against the policyto receive a settlement that is higher than the at-fault driver’s to receive a settlement that is higher than the at-fault driver’sinsurance coverage. This is called an Underinsured insurance coverage. This is called an UnderinsuredMotorists Claim. Motorists Claim.In order to protect your rights, we recommend that you In order to protect your rights, we recommend that youcontact an attorney immediately to find out the time contact an attorney immediately to find out the timelimitations involved in making an Underinsured Motorists limitations involved in making an Underinsured MotoristsClaim, as well the requirements under the policy which you Claim, as well the requirements under the policy which youmust meet in order to make such a claim. must meet in order to make such a claim.If a family member died from a motorcycle accident, what If a family member died from a motorcycle accident, whatkind of claims can family members make against the kind of claims can family members make against thedriver and owner of the vehicle that caused the death? driver and owner of the vehicle that caused the death?This is called a Wrongful Death Case and can be brought by This is called a Wrongful Death Case and can be brought bythe personal representative of the estate, usually a family the personal representative of the estate, usually a family14 14
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersmember. The claim can be made against the driver and owner of member. The claim can be made against the driver and owner ofthe vehicle that caused the accident. If the other driver or owner the vehicle that caused the accident. If the other driver or ownerof the vehicle did not have insurance or did not have enough of the vehicle did not have insurance or did not have enoughinsurance coverage, an Uninsured Motorists Claim or insurance coverage, an Uninsured Motorists Claim orUnderinsured Motorists Claim can be filed if this coverage exists. Underinsured Motorists Claim can be filed if this coverage exists.Family members of the decedent can sue for the loss of Family members of the decedent can sue for the loss ofcompanionship, loss of services, loss of income, and other companionship, loss of services, loss of income, and otherlosses. Typically, the settlement is shared by members of the losses. Typically, the settlement is shared by members of thefamily, and the amount of each share is either agreed upon family, and the amount of each share is either agreed uponby the family members or decided by the judge. by the family members or decided by the judge.What if the driver that caused the accident was drunk at What if the driver that caused the accident was drunk atthe time of the accident? the time of the accident?In this circumstance, you can sue the driver and owner of the In this circumstance, you can sue the driver and owner of thevehicle and often you can sue the place of business that sold vehicle and often you can sue the place of business that soldor provided the alcohol to the drunk driver. The time frame or provided the alcohol to the drunk driver. The time framefor notifying the provider of the alcohol of a potential claim for notifying the provider of the alcohol of a potential claimis much shorter than the time for filing a lawsuit. In claims is much shorter than the time for filing a lawsuit. In claimsinvolving drunk drivers, it is important to hire a lawyer involving drunk drivers, it is important to hire a lawyerimmediately to start the investigation and to find out where immediately to start the investigation and to find out whereand when the alcohol was furnished to the drunk driver. and when the alcohol was furnished to the drunk driver.Do I need a lawyer to represent me in these types of cases? Do I need a lawyer to represent me in these types of cases?The simple answer is “no,” but you need to be careful not to The simple answer is “no,” but you need to be careful not tosign away your legal rights with the other insurance company sign away your legal rights with the other insurance companyfor a small settlement. If you agree to a settlement and sign for a small settlement. If you agree to a settlement and signthe release papers, you cannot change your mind or come the release papers, you cannot change your mind or comeback for another settlement at a later date. It is important to back for another settlement at a later date. It is important tohave an attorney review all of the papers before you sign have an attorney review all of the papers before you signthem and to assist you in obtaining the best settlement. them and to assist you in obtaining the best settlement. 15 15 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersmember. The claim can be made against the driver and owner of member. The claim can be made against the driver and owner ofthe vehicle that caused the accident. If the other driver or owner the vehicle that caused the accident. If the other driver or ownerof the vehicle did not have insurance or did not have enough of the vehicle did not have insurance or did not have enoughinsurance coverage, an Uninsured Motorists Claim or insurance coverage, an Uninsured Motorists Claim orUnderinsured Motorists Claim can be filed if this coverage exists. Underinsured Motorists Claim can be filed if this coverage exists.Family members of the decedent can sue for the loss of Family members of the decedent can sue for the loss ofcompanionship, loss of services, loss of income, and other companionship, loss of services, loss of income, and otherlosses. Typically, the settlement is shared by members of the losses. Typically, the settlement is shared by members of thefamily, and the amount of each share is either agreed upon family, and the amount of each share is either agreed uponby the family members or decided by the judge. by the family members or decided by the judge.What if the driver that caused the accident was drunk at What if the driver that caused the accident was drunk atthe time of the accident? the time of the accident?In this circumstance, you can sue the driver and owner of the In this circumstance, you can sue the driver and owner of thevehicle and often you can sue the place of business that sold vehicle and often you can sue the place of business that soldor provided the alcohol to the drunk driver. The time frame or provided the alcohol to the drunk driver. The time framefor notifying the provider of the alcohol of a potential claim for notifying the provider of the alcohol of a potential claimis much shorter than the time for filing a lawsuit. In claims is much shorter than the time for filing a lawsuit. In claimsinvolving drunk drivers, it is important to hire a lawyer involving drunk drivers, it is important to hire a lawyerimmediately to start the investigation and to find out where immediately to start the investigation and to find out whereand when the alcohol was furnished to the drunk driver. and when the alcohol was furnished to the drunk driver.Do I need a lawyer to represent me in these types of cases? Do I need a lawyer to represent me in these types of cases?The simple answer is “no,” but you need to be careful not to The simple answer is “no,” but you need to be careful not tosign away your legal rights with the other insurance company sign away your legal rights with the other insurance companyfor a small settlement. If you agree to a settlement and sign for a small settlement. If you agree to a settlement and signthe release papers, you cannot change your mind or come the release papers, you cannot change your mind or comeback for another settlement at a later date. It is important to back for another settlement at a later date. It is important tohave an attorney review all of the papers before you sign have an attorney review all of the papers before you signthem and to assist you in obtaining the best settlement. them and to assist you in obtaining the best settlement. 15 15
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookAlso, there are strict time limitations involved in making Also, there are strict time limitations involved in makingthese types of claims. It is important to find out the time these types of claims. It is important to find out the timelimitations in making these types of claims. Although you limitations in making these types of claims. Although youmay attempt to settle a claim on your own, studies have may attempt to settle a claim on your own, studies haveshown that injured persons usually receive a greater recovery shown that injured persons usually receive a greater recoverywhen they have an attorney, even after paying the attorney when they have an attorney, even after paying the attorneyfees and costs. fees and costs.How much money can I sue the driver and owner of the How much money can I sue the driver and owner of theautomobile and/or motorcycle that caused the accident automobile and/or motorcycle that caused the accidentand injured me? and injured me?There is no limit on the amount of money you can ask to be There is no limit on the amount of money you can ask to becompensated for your injuries. This depends on the compensated for your injuries. This depends on theseriousness of your injuries, whether you can prove that the seriousness of your injuries, whether you can prove that theother driver caused the accident, and often the amount of the other driver caused the accident, and often the amount of theinsurance policy. insurance policy.How do I know that I am receiving a fair settlement from How do I know that I am receiving a fair settlement fromthe insurance company? the insurance company?Unless you understand how experienced lawyers and Unless you understand how experienced lawyers andinsurance companies determine the fair amount of a insurance companies determine the fair amount of asettlement, you may have a difficult time knowing whether settlement, you may have a difficult time knowing whetheryou are receiving a fair settlement. The settlement amount you are receiving a fair settlement. The settlement amountdepends on a variety of factors, and it is difficult to know if depends on a variety of factors, and it is difficult to know ifyou are being fairly compensated, unless you know the law you are being fairly compensated, unless you know the lawand have negotiated these types of claims in the past. and have negotiated these types of claims in the past.16 16 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookAlso, there are strict time limitations involved in making Also, there are strict time limitations involved in makingthese types of claims. It is important to find out the time these types of claims. It is important to find out the timelimitations in making these types of claims. Although you limitations in making these types of claims. Although youmay attempt to settle a claim on your own, studies have may attempt to settle a claim on your own, studies haveshown that injured persons usually receive a greater recovery shown that injured persons usually receive a greater recoverywhen they have an attorney, even after paying the attorney when they have an attorney, even after paying the attorneyfees and costs. fees and costs.How much money can I sue the driver and owner of the How much money can I sue the driver and owner of theautomobile and/or motorcycle that caused the accident automobile and/or motorcycle that caused the accidentand injured me? and injured me?There is no limit on the amount of money you can ask to be There is no limit on the amount of money you can ask to becompensated for your injuries. This depends on the compensated for your injuries. This depends on theseriousness of your injuries, whether you can prove that the seriousness of your injuries, whether you can prove that theother driver caused the accident, and often the amount of the other driver caused the accident, and often the amount of theinsurance policy. insurance policy.How do I know that I am receiving a fair settlement from How do I know that I am receiving a fair settlement fromthe insurance company? the insurance company?Unless you understand how experienced lawyers and Unless you understand how experienced lawyers andinsurance companies determine the fair amount of a insurance companies determine the fair amount of asettlement, you may have a difficult time knowing whether settlement, you may have a difficult time knowing whetheryou are receiving a fair settlement. The settlement amount you are receiving a fair settlement. The settlement amountdepends on a variety of factors, and it is difficult to know if depends on a variety of factors, and it is difficult to know ifyou are being fairly compensated, unless you know the law you are being fairly compensated, unless you know the lawand have negotiated these types of claims in the past. and have negotiated these types of claims in the past.16 16
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersDo I have to go to court to receive a settlement for my Do I have to go to court to receive a settlement for myinjuries? injuries?Although every case is different, most cases are settled with Although every case is different, most cases are settled withthe insurance company before going to court. Sometimes, the insurance company before going to court. Sometimes,claims are settled with the insurance company even before a claims are settled with the insurance company even before alawsuit is filed with the court. lawsuit is filed with the court. 17 17 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersDo I have to go to court to receive a settlement for my Do I have to go to court to receive a settlement for myinjuries? injuries?Although every case is different, most cases are settled with Although every case is different, most cases are settled withthe insurance company before going to court. Sometimes, the insurance company before going to court. Sometimes,claims are settled with the insurance company even before a claims are settled with the insurance company even before alawsuit is filed with the court. lawsuit is filed with the court. 17 17
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook No-Fault Insurance Benefits No-Fault Insurance BenefitsWhat are No-Fault Insurance Benefits? What are No-Fault Insurance Benefits?No-Fault insurance benefits are benefits you are entitled to No-Fault insurance benefits are benefits you are entitled toreceive under Michigan law, regardless of fault, if you were receive under Michigan law, regardless of fault, if you wereinjured in a motorcycle accident that arose out of the injured in a motorcycle accident that arose out of theownership, operation, maintenance or use of an automobile as ownership, operation, maintenance or use of an automobile asan automobile, such as a car or truck. The primary pre- an automobile, such as a car or truck. The primary pre-requisite is that the motorcycle accident must “involve” an requisite is that the motorcycle accident must “involve” anautomobile, such as a car or truck, as the No-Fault insurance automobile, such as a car or truck, as the No-Fault insurancebenefits generally come from a Michigan automobile benefits generally come from a Michigan automobileinsurance policy. These benefits include wage loss benefits insurance policy. These benefits include wage loss benefitsfor the first three years after the accident, assistance with for the first three years after the accident, assistance withhousehold chores for the first three years after the accident, household chores for the first three years after the accident,unlimited lifetime medical expense coverage, mileage to and unlimited lifetime medical expense coverage, mileage to andfrom doctor appointments, attendant care and other benefits from doctor appointments, attendant care and other benefitssuch as home and vehicle modifications. such as home and vehicle modifications.What types of accidents will allow me to obtain No-Fault What types of accidents will allow me to obtain No-FaultInsurance Benefits? Insurance Benefits?The most typical situation is when you are injured in a The most typical situation is when you are injured in amotorcycle crash involving a car or truck. There is no motorcycle crash involving a car or truck. There is norequirement of physical contact between the motorcycle and requirement of physical contact between the motorcycle andthe automobile as long as there is a causal connection the automobile as long as there is a causal connectionbetween the motorcycle accident and the automobile. For between the motorcycle accident and the automobile. Forexample, if you were riding a motorcycle on the highway, example, if you were riding a motorcycle on the highway,and a truck came into your lane of travel and forced you off and a truck came into your lane of travel and forced you offof the road, without actually hitting your motorcycle, you of the road, without actually hitting your motorcycle, youwould still be entitled to receive Michigan No-Fault Benefits. would still be entitled to receive Michigan No-Fault Benefits.18 18 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook No-Fault Insurance Benefits No-Fault Insurance BenefitsWhat are No-Fault Insurance Benefits? What are No-Fault Insurance Benefits?No-Fault insurance benefits are benefits you are entitled to No-Fault insurance benefits are benefits you are entitled toreceive under Michigan law, regardless of fault, if you were receive under Michigan law, regardless of fault, if you wereinjured in a motorcycle accident that arose out of the injured in a motorcycle accident that arose out of theownership, operation, maintenance or use of an automobile as ownership, operation, maintenance or use of an automobile asan automobile, such as a car or truck. The primary pre- an automobile, such as a car or truck. The primary pre-requisite is that the motorcycle accident must “involve” an requisite is that the motorcycle accident must “involve” anautomobile, such as a car or truck, as the No-Fault insurance automobile, such as a car or truck, as the No-Fault insurancebenefits generally come from a Michigan automobile benefits generally come from a Michigan automobileinsurance policy. These benefits include wage loss benefits insurance policy. These benefits include wage loss benefitsfor the first three years after the accident, assistance with for the first three years after the accident, assistance withhousehold chores for the first three years after the accident, household chores for the first three years after the accident,unlimited lifetime medical expense coverage, mileage to and unlimited lifetime medical expense coverage, mileage to andfrom doctor appointments, attendant care and other benefits from doctor appointments, attendant care and other benefitssuch as home and vehicle modifications. such as home and vehicle modifications.What types of accidents will allow me to obtain No-Fault What types of accidents will allow me to obtain No-FaultInsurance Benefits? Insurance Benefits?The most typical situation is when you are injured in a The most typical situation is when you are injured in amotorcycle crash involving a car or truck. There is no motorcycle crash involving a car or truck. There is norequirement of physical contact between the motorcycle and requirement of physical contact between the motorcycle andthe automobile as long as there is a causal connection the automobile as long as there is a causal connectionbetween the motorcycle accident and the automobile. For between the motorcycle accident and the automobile. Forexample, if you were riding a motorcycle on the highway, example, if you were riding a motorcycle on the highway,and a truck came into your lane of travel and forced you off and a truck came into your lane of travel and forced you offof the road, without actually hitting your motorcycle, you of the road, without actually hitting your motorcycle, youwould still be entitled to receive Michigan No-Fault Benefits. would still be entitled to receive Michigan No-Fault Benefits.18 18
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersIf it is a single motorcycle accident and NO automobile, such If it is a single motorcycle accident and NO automobile, suchas a car or truck, was “involved” in the accident, then you are as a car or truck, was “involved” in the accident, then you arenot entitled to receive Michigan No-Fault benefits. You may not entitled to receive Michigan No-Fault benefits. You maybe entitled to receive medical benefits under a motorcycle be entitled to receive medical benefits under a motorcycleinsurance policy, but this type of coverage usually only insurance policy, but this type of coverage usually onlyprovides limited benefits. This type of coverage is called provides limited benefits. This type of coverage is called“Med Pay” coverage. “Med Pay” coverage.The determination of whether or not you can receive No- The determination of whether or not you can receive No-Fault Insurance Benefits if you have been involved in a Fault Insurance Benefits if you have been involved in amotorcycle accident is very complicated. Therefore, we motorcycle accident is very complicated. Therefore, werecommend that you consult with an attorney immediately recommend that you consult with an attorney immediatelyafter a motorcycle accident to determine whether you are after a motorcycle accident to determine whether you areeligible to receive No-Fault Insurance Benefits. eligible to receive No-Fault Insurance Benefits.Can I get these benefits? Can I get these benefits?You can obtain these benefits by filing an Application for No- You can obtain these benefits by filing an Application for No-Fault Benefits with the proper insurance company that has Fault Benefits with the proper insurance company that haspriority for paying your claims. priority for paying your claims.What if I was injured because I was at fault and caused What if I was injured because I was at fault and causedthe accident? the accident?You can receive all eligible benefits even if you were at fault in You can receive all eligible benefits even if you were at fault inthe accident. This is true even if you injured another person in the accident. This is true even if you injured another person inthe accident, or even if you were under the influence of alcohol the accident, or even if you were under the influence of alcoholor drugs at the time of the accident. An insurance company or drugs at the time of the accident. An insurance companycannot deny your benefits if the accident was your fault. cannot deny your benefits if the accident was your fault. 19 19 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersIf it is a single motorcycle accident and NO automobile, such If it is a single motorcycle accident and NO automobile, suchas a car or truck, was “involved” in the accident, then you are as a car or truck, was “involved” in the accident, then you arenot entitled to receive Michigan No-Fault benefits. You may not entitled to receive Michigan No-Fault benefits. You maybe entitled to receive medical benefits under a motorcycle be entitled to receive medical benefits under a motorcycleinsurance policy, but this type of coverage usually only insurance policy, but this type of coverage usually onlyprovides limited benefits. This type of coverage is called provides limited benefits. This type of coverage is called“Med Pay” coverage. “Med Pay” coverage.The determination of whether or not you can receive No- The determination of whether or not you can receive No-Fault Insurance Benefits if you have been involved in a Fault Insurance Benefits if you have been involved in amotorcycle accident is very complicated. Therefore, we motorcycle accident is very complicated. Therefore, werecommend that you consult with an attorney immediately recommend that you consult with an attorney immediatelyafter a motorcycle accident to determine whether you are after a motorcycle accident to determine whether you areeligible to receive No-Fault Insurance Benefits. eligible to receive No-Fault Insurance Benefits.Can I get these benefits? Can I get these benefits?You can obtain these benefits by filing an Application for No- You can obtain these benefits by filing an Application for No-Fault Benefits with the proper insurance company that has Fault Benefits with the proper insurance company that haspriority for paying your claims. priority for paying your claims.What if I was injured because I was at fault and caused What if I was injured because I was at fault and causedthe accident? the accident?You can receive all eligible benefits even if you were at fault in You can receive all eligible benefits even if you were at fault inthe accident. This is true even if you injured another person in the accident. This is true even if you injured another person inthe accident, or even if you were under the influence of alcohol the accident, or even if you were under the influence of alcoholor drugs at the time of the accident. An insurance company or drugs at the time of the accident. An insurance companycannot deny your benefits if the accident was your fault. cannot deny your benefits if the accident was your fault. 19 19
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookWhat type of motorcycle insurance do I need on my motorcycle What type of motorcycle insurance do I need on my motorcycleto qualify for Michigan No-Fault Insurance benefits? to qualify for Michigan No-Fault Insurance benefits?Your motorcycle must be insured in order to receive Michigan Your motorcycle must be insured in order to receive MichiganNo-Fault Benefits, by having basic motorcycle liability No-Fault Benefits, by having basic motorcycle liabilityinsurance, commonly known as Personal Liability and insurance, commonly known as Personal Liability andProperty Damage (PLPD) insurance. Medical coverage is Property Damage (PLPD) insurance. Medical coverage isoptional under a motorcycle insurance policy. optional under a motorcycle insurance policy.This is the same insurance you need to register your This is the same insurance you need to register yourmotorcycle with the Secretary of State. If you fail to have motorcycle with the Secretary of State. If you fail to haveyour motorcycle insured then you will be precluded from your motorcycle insured then you will be precluded fromreceiving Michigan No-Fault benefits. receiving Michigan No-Fault benefits.Owners without insurance on their own motorcycles are Owners without insurance on their own motorcycles areprecluded from receiving Michigan No-fault Benefits. precluded from receiving Michigan No-fault Benefits.YOU ARE NOT REQUIRED TO PURCHASE THE YOU ARE NOT REQUIRED TO PURCHASE THEOPTIONAL MEDICAL COVERAGE UNDER YOUR OPTIONAL MEDICAL COVERAGE UNDER YOURMOTORCYCLE INSURANCE POLICY IN ORDER MOTORCYCLE INSURANCE POLICY IN ORDERTO RECEIVE MICHIGAN NO-FAULT BENEFITS. TO RECEIVE MICHIGAN NO-FAULT BENEFITS.What if I was riding someone else’s motorcycle that was What if I was riding someone else’s motorcycle that wasnot properly insured? not properly insured?If you were operating the motorcycle with the permission of If you were operating the motorcycle with the permission ofthe owner of the motorcycle, then you are entitled to receive the owner of the motorcycle, then you are entitled to receiveMichigan No-Fault benefits if it was “involved” in an Michigan No-Fault benefits if it was “involved” in anaccident with an automobile, even if the motorcycle was not accident with an automobile, even if the motorcycle was notproperly insured. properly insured.20 20 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookWhat type of motorcycle insurance do I need on my motorcycle What type of motorcycle insurance do I need on my motorcycleto qualify for Michigan No-Fault Insurance benefits? to qualify for Michigan No-Fault Insurance benefits?Your motorcycle must be insured in order to receive Michigan Your motorcycle must be insured in order to receive MichiganNo-Fault Benefits, by having basic motorcycle liability No-Fault Benefits, by having basic motorcycle liabilityinsurance, commonly known as Personal Liability and insurance, commonly known as Personal Liability andProperty Damage (PLPD) insurance. Medical coverage is Property Damage (PLPD) insurance. Medical coverage isoptional under a motorcycle insurance policy. optional under a motorcycle insurance policy.This is the same insurance you need to register your This is the same insurance you need to register yourmotorcycle with the Secretary of State. If you fail to have motorcycle with the Secretary of State. If you fail to haveyour motorcycle insured then you will be precluded from your motorcycle insured then you will be precluded fromreceiving Michigan No-Fault benefits. receiving Michigan No-Fault benefits.Owners without insurance on their own motorcycles are Owners without insurance on their own motorcycles areprecluded from receiving Michigan No-fault Benefits. precluded from receiving Michigan No-fault Benefits.YOU ARE NOT REQUIRED TO PURCHASE THE YOU ARE NOT REQUIRED TO PURCHASE THEOPTIONAL MEDICAL COVERAGE UNDER YOUR OPTIONAL MEDICAL COVERAGE UNDER YOURMOTORCYCLE INSURANCE POLICY IN ORDER MOTORCYCLE INSURANCE POLICY IN ORDERTO RECEIVE MICHIGAN NO-FAULT BENEFITS. TO RECEIVE MICHIGAN NO-FAULT BENEFITS.What if I was riding someone else’s motorcycle that was What if I was riding someone else’s motorcycle that wasnot properly insured? not properly insured?If you were operating the motorcycle with the permission of If you were operating the motorcycle with the permission ofthe owner of the motorcycle, then you are entitled to receive the owner of the motorcycle, then you are entitled to receiveMichigan No-Fault benefits if it was “involved” in an Michigan No-Fault benefits if it was “involved” in anaccident with an automobile, even if the motorcycle was not accident with an automobile, even if the motorcycle was notproperly insured. properly insured.20 20
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersIf the motorcycle was unlawfully taken and you were aware If the motorcycle was unlawfully taken and you were awareof that (this includes a reasonable belief that it was unlawfully of that (this includes a reasonable belief that it was unlawfullytaken) then you would not be entitled to receive Michigan taken) then you would not be entitled to receive MichiganNo-Fault Benefits. No-Fault Benefits.What if I am a passenger on someone else’s motorcycle What if I am a passenger on someone else’s motorcycleand I am injured due to the negligence of the operator of and I am injured due to the negligence of the operator ofthe motorcycle that I am on? the motorcycle that I am on?If it is a single motorcycle accident and NO automobile was If it is a single motorcycle accident and NO automobile was“involved” in the accident, then you are not entitled to receive “involved” in the accident, then you are not entitled to receiveMichigan No-Fault benefits. You may be entitled to limited Michigan No-Fault benefits. You may be entitled to limitedmedical benefits under a motorcycle insurance policy. You medical benefits under a motorcycle insurance policy. Youalso may be able to make a negligence claim against the also may be able to make a negligence claim against themotorcycle operator. This type of claim was discussed in an motorcycle operator. This type of claim was discussed in anearlier chapter. earlier chapter.What if I am an operator of, or a passenger on a What if I am an operator of, or a passenger on amotorcycle and I am injured due to the negligence of motorcycle and I am injured due to the negligence ofanother the motorcycle rider? another the motorcycle rider?If NO automobile was “involved” in the accident, then you If NO automobile was “involved” in the accident, then youare not entitled to receive Michigan No-Fault benefits. You are not entitled to receive Michigan No-Fault benefits. Youmay be entitled to limited medical benefits under a may be entitled to limited medical benefits under amotorcycle insurance policy. You also may be able to make motorcycle insurance policy. You also may be able to makea negligence claim against the negligent motorcycle operator. a negligence claim against the negligent motorcycle operator.This type of claim was discussed in an earlier chapter. This type of claim was discussed in an earlier chapter. 21 21 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersIf the motorcycle was unlawfully taken and you were aware If the motorcycle was unlawfully taken and you were awareof that (this includes a reasonable belief that it was unlawfully of that (this includes a reasonable belief that it was unlawfullytaken) then you would not be entitled to receive Michigan taken) then you would not be entitled to receive MichiganNo-Fault Benefits. No-Fault Benefits.What if I am a passenger on someone else’s motorcycle What if I am a passenger on someone else’s motorcycleand I am injured due to the negligence of the operator of and I am injured due to the negligence of the operator ofthe motorcycle that I am on? the motorcycle that I am on?If it is a single motorcycle accident and NO automobile was If it is a single motorcycle accident and NO automobile was“involved” in the accident, then you are not entitled to receive “involved” in the accident, then you are not entitled to receiveMichigan No-Fault benefits. You may be entitled to limited Michigan No-Fault benefits. You may be entitled to limitedmedical benefits under a motorcycle insurance policy. You medical benefits under a motorcycle insurance policy. Youalso may be able to make a negligence claim against the also may be able to make a negligence claim against themotorcycle operator. This type of claim was discussed in an motorcycle operator. This type of claim was discussed in anearlier chapter. earlier chapter.What if I am an operator of, or a passenger on a What if I am an operator of, or a passenger on amotorcycle and I am injured due to the negligence of motorcycle and I am injured due to the negligence ofanother the motorcycle rider? another the motorcycle rider?If NO automobile was “involved” in the accident, then you If NO automobile was “involved” in the accident, then youare not entitled to receive Michigan No-Fault benefits. You are not entitled to receive Michigan No-Fault benefits. Youmay be entitled to limited medical benefits under a may be entitled to limited medical benefits under amotorcycle insurance policy. You also may be able to make motorcycle insurance policy. You also may be able to makea negligence claim against the negligent motorcycle operator. a negligence claim against the negligent motorcycle operator.This type of claim was discussed in an earlier chapter. This type of claim was discussed in an earlier chapter. 21 21
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDoes there have to be physical contact with another Does there have to be physical contact with anotherautomobile in order for me to file a claim for Michigan automobile in order for me to file a claim for MichiganNo-Fault benefits? No-Fault benefits?No. In order to receive Michigan No-Fault Benefits, an No. In order to receive Michigan No-Fault Benefits, anautomobile, such as a car or truck, must be “involved” in the automobile, such as a car or truck, must be “involved” in theaccident. Involvement does not necessarily require contact accident. Involvement does not necessarily require contactor fault by the operator of an automobile. In virtually all or fault by the operator of an automobile. In virtually allcircumstances, though, contact by an automobile satisfies the circumstances, though, contact by an automobile satisfies the“involvement” requirement under Michigan Law. “involvement” requirement under Michigan Law.How do I know which insurance company to file my claim with? How do I know which insurance company to file my claim with?This can be a complicated question but the No-Fault law sets This can be a complicated question but the No-Fault law setsup a system for determining which insurance company is up a system for determining which insurance company isresponsible for paying your benefits. This depends on many responsible for paying your benefits. This depends on manyfactors, such as whether the automobile involved in the factors, such as whether the automobile involved in theaccident had insurance. It also depends on whether you had accident had insurance. It also depends on whether you hadyour own No-Fault insurance policy or were living with a your own No-Fault insurance policy or were living with arelative who had an automobile insurance policy at the time relative who had an automobile insurance policy at the timeof the accident. Because there are strict time requirements for of the accident. Because there are strict time requirements forfiling your insurance claim, we suggest that you contact an filing your insurance claim, we suggest that you contact anexperienced attorney as soon as possible to determine which experienced attorney as soon as possible to determine whichinsurance company must pay your No-Fault benefits. insurance company must pay your No-Fault benefits.How do I get my claim for No-Fault Benefits started? How do I get my claim for No-Fault Benefits started?You can obtain these benefits by filing a written Application You can obtain these benefits by filing a written Applicationfor No-Fault Benefits with the insurance company that has for No-Fault Benefits with the insurance company that haspriority for paying your claims. Your own insurance agent, priority for paying your claims. Your own insurance agent,or the adjuster assigned to your claim, should promptly or the adjuster assigned to your claim, should promptlyprovide it to you. provide it to you.22 22 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDoes there have to be physical contact with another Does there have to be physical contact with anotherautomobile in order for me to file a claim for Michigan automobile in order for me to file a claim for MichiganNo-Fault benefits? No-Fault benefits?No. In order to receive Michigan No-Fault Benefits, an No. In order to receive Michigan No-Fault Benefits, anautomobile, such as a car or truck, must be “involved” in the automobile, such as a car or truck, must be “involved” in theaccident. Involvement does not necessarily require contact accident. Involvement does not necessarily require contactor fault by the operator of an automobile. In virtually all or fault by the operator of an automobile. In virtually allcircumstances, though, contact by an automobile satisfies the circumstances, though, contact by an automobile satisfies the“involvement” requirement under Michigan Law. “involvement” requirement under Michigan Law.How do I know which insurance company to file my claim with? How do I know which insurance company to file my claim with?This can be a complicated question but the No-Fault law sets This can be a complicated question but the No-Fault law setsup a system for determining which insurance company is up a system for determining which insurance company isresponsible for paying your benefits. This depends on many responsible for paying your benefits. This depends on manyfactors, such as whether the automobile involved in the factors, such as whether the automobile involved in theaccident had insurance. It also depends on whether you had accident had insurance. It also depends on whether you hadyour own No-Fault insurance policy or were living with a your own No-Fault insurance policy or were living with arelative who had an automobile insurance policy at the time relative who had an automobile insurance policy at the timeof the accident. Because there are strict time requirements for of the accident. Because there are strict time requirements forfiling your insurance claim, we suggest that you contact an filing your insurance claim, we suggest that you contact anexperienced attorney as soon as possible to determine which experienced attorney as soon as possible to determine whichinsurance company must pay your No-Fault benefits. insurance company must pay your No-Fault benefits.How do I get my claim for No-Fault Benefits started? How do I get my claim for No-Fault Benefits started?You can obtain these benefits by filing a written Application You can obtain these benefits by filing a written Applicationfor No-Fault Benefits with the insurance company that has for No-Fault Benefits with the insurance company that haspriority for paying your claims. Your own insurance agent, priority for paying your claims. Your own insurance agent,or the adjuster assigned to your claim, should promptly or the adjuster assigned to your claim, should promptlyprovide it to you. provide it to you.22 22
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWe also have the Application for No-Fault Benefits available We also have the Application for No-Fault Benefits availablefor you on our law firm website that you can download and for you on our law firm website that you can download andprint for free. Simply visit www.BuckfireLaw.com and look print for free. Simply visit www.BuckfireLaw.com and lookin the library section of the website. in the library section of the website.Is there a time limit for filing my claim? Is there a time limit for filing my claim?Yes. You must file a written Application for No-Fault Yes. You must file a written Application for No-FaultBenefits with the proper insurance company who has priority Benefits with the proper insurance company who has priorityfor paying your claims within one year of the date of the for paying your claims within one year of the date of theaccident. If you fail to do so, you will not be able to obtain accident. If you fail to do so, you will not be able to obtainNo-Fault Benefits. No-Fault Benefits.Also, written claims for wage loss benefits, medical Also, written claims for wage loss benefits, medicalexpenses, household services, and other no-fault benefits expenses, household services, and other no-fault benefitsmust be sent to the proper insurance company within one year must be sent to the proper insurance company within one yearof the date of the expense. If you fail to do so, you will not of the date of the expense. If you fail to do so, you will notbe able to obtain recovery or reimbursement for the claim or be able to obtain recovery or reimbursement for the claim orexpense. expense.Do I need a lawyer to file my claim? Do I need a lawyer to file my claim?No. You may submit an Application for No-Fault Benefits on No. You may submit an Application for No-Fault Benefits onyour own and submit claims for wage loss benefits, medical your own and submit claims for wage loss benefits, medicalexpenses, household services, and other no-fault benefits on expenses, household services, and other no-fault benefits onyour own. Many times, the insurance company will your own. Many times, the insurance company willvoluntarily pay the benefits that are owed to you without the voluntarily pay the benefits that are owed to you without theassistance of an attorney. assistance of an attorney.WARNING: The insurance adjuster may not tell you all of WARNING: The insurance adjuster may not tell you all ofthe benefits you are entitled to receive from the insurance the benefits you are entitled to receive from the insurancecompany. Furthermore, the insurance adjuster may not pay company. Furthermore, the insurance adjuster may not pay 23 23 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWe also have the Application for No-Fault Benefits available We also have the Application for No-Fault Benefits availablefor you on our law firm website that you can download and for you on our law firm website that you can download andprint for free. Simply visit www.BuckfireLaw.com and look print for free. Simply visit www.BuckfireLaw.com and lookin the library section of the website. in the library section of the website.Is there a time limit for filing my claim? Is there a time limit for filing my claim?Yes. You must file a written Application for No-Fault Yes. You must file a written Application for No-FaultBenefits with the proper insurance company who has priority Benefits with the proper insurance company who has priorityfor paying your claims within one year of the date of the for paying your claims within one year of the date of theaccident. If you fail to do so, you will not be able to obtain accident. If you fail to do so, you will not be able to obtainNo-Fault Benefits. No-Fault Benefits.Also, written claims for wage loss benefits, medical Also, written claims for wage loss benefits, medicalexpenses, household services, and other no-fault benefits expenses, household services, and other no-fault benefitsmust be sent to the proper insurance company within one year must be sent to the proper insurance company within one yearof the date of the expense. If you fail to do so, you will not of the date of the expense. If you fail to do so, you will notbe able to obtain recovery or reimbursement for the claim or be able to obtain recovery or reimbursement for the claim orexpense. expense.Do I need a lawyer to file my claim? Do I need a lawyer to file my claim?No. You may submit an Application for No-Fault Benefits on No. You may submit an Application for No-Fault Benefits onyour own and submit claims for wage loss benefits, medical your own and submit claims for wage loss benefits, medicalexpenses, household services, and other no-fault benefits on expenses, household services, and other no-fault benefits onyour own. Many times, the insurance company will your own. Many times, the insurance company willvoluntarily pay the benefits that are owed to you without the voluntarily pay the benefits that are owed to you without theassistance of an attorney. assistance of an attorney.WARNING: The insurance adjuster may not tell you all of WARNING: The insurance adjuster may not tell you all ofthe benefits you are entitled to receive from the insurance the benefits you are entitled to receive from the insurancecompany. Furthermore, the insurance adjuster may not pay company. Furthermore, the insurance adjuster may not pay 23 23
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookthe full amount of the benefits that you are entitled to receive the full amount of the benefits that you are entitled to receivefrom the insurance company. from the insurance company.Therefore, even if you are handling your own claims for No- Therefore, even if you are handling your own claims for No-Fault Benefits, I recommend that you still consult with an Fault Benefits, I recommend that you still consult with anattorney to find out your rights under Michigan law. attorney to find out your rights under Michigan law.What do I do if the insurance company does not pay my What do I do if the insurance company does not pay mybenefits? benefits?Due to strict time limitations under Michigan law, I Due to strict time limitations under Michigan law, Irecommend that you consult with an attorney immediately if recommend that you consult with an attorney immediately ifyour benefits are not being paid by the insurance company. your benefits are not being paid by the insurance company.Is there a time limit for filing a lawsuit? Is there a time limit for filing a lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. on which the last unpaid No-Fault benefit was incurred.If you fail to file your lawsuit within this one year period, If you fail to file your lawsuit within this one year period,you will lose the right to have the benefit or expense paid. you will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.24 24 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookthe full amount of the benefits that you are entitled to receive the full amount of the benefits that you are entitled to receivefrom the insurance company. from the insurance company.Therefore, even if you are handling your own claims for No- Therefore, even if you are handling your own claims for No-Fault Benefits, I recommend that you still consult with an Fault Benefits, I recommend that you still consult with anattorney to find out your rights under Michigan law. attorney to find out your rights under Michigan law.What do I do if the insurance company does not pay my What do I do if the insurance company does not pay mybenefits? benefits?Due to strict time limitations under Michigan law, I Due to strict time limitations under Michigan law, Irecommend that you consult with an attorney immediately if recommend that you consult with an attorney immediately ifyour benefits are not being paid by the insurance company. your benefits are not being paid by the insurance company.Is there a time limit for filing a lawsuit? Is there a time limit for filing a lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. on which the last unpaid No-Fault benefit was incurred.If you fail to file your lawsuit within this one year period, If you fail to file your lawsuit within this one year period,you will lose the right to have the benefit or expense paid. you will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.24 24
    • Types of Benefits Types of BenefitsTypes of Benefits Types of Benefits
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: Wage and Income Loss Wage and Income LossWhat is it for? What is it for?Wage Loss benefits are for your loss of income due to the Wage Loss benefits are for your loss of income due to theinjuries you suffered in the accident. injuries you suffered in the accident.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.26 26 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: Wage and Income Loss Wage and Income LossWhat is it for? What is it for?Wage Loss benefits are for your loss of income due to the Wage Loss benefits are for your loss of income due to theinjuries you suffered in the accident. injuries you suffered in the accident.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.26 26
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow much can I get? How much can I get?You are entitled to receive 85% of your gross pay, including You are entitled to receive 85% of your gross pay, includingovertime, or loss of income, for the first three years following overtime, or loss of income, for the first three years followingthe accident if you are disabled as a result of the accident. the accident if you are disabled as a result of the accident.What if I was self-employed on the date of the accident? What if I was self-employed on the date of the accident?You are still entitled to these benefits if you were self- You are still entitled to these benefits if you were self-employed on the date of the accident. employed on the date of the accident.What if I was not employed on the date of the accident? What if I was not employed on the date of the accident?Many times, you are still entitled to be paid your lost wages Many times, you are still entitled to be paid your lost wageseven if you were not employed on the date of the accident. If even if you were not employed on the date of the accident. Ifyou were a seasonal employee (like a landscaper, summer you were a seasonal employee (like a landscaper, summerwork crew, or even a ski instructor) at the time of the work crew, or even a ski instructor) at the time of theaccident, you can still receive these benefits if the accident accident, you can still receive these benefits if the accidenthappened during your off work season. If you were about to happened during your off work season. If you were about tostart a new job at the time of the accident, you can still receive start a new job at the time of the accident, you can still receivethese benefits based upon what your income would have been these benefits based upon what your income would have beenin your new job. in your new job.What if I was looking for a job on the date of the What if I was looking for a job on the date of theaccident? accident?If you were not working but were looking for a job, you are If you were not working but were looking for a job, you arestill entitled to be paid wage loss benefits. You will need to still entitled to be paid wage loss benefits. You will need toshow proof that you were trying to find a job, such as show proof that you were trying to find a job, such assubmitting resumes or putting in job applications with submitting resumes or putting in job applications withpotential employers. The amount of your wage loss benefits potential employers. The amount of your wage loss benefits 27 27 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow much can I get? How much can I get?You are entitled to receive 85% of your gross pay, including You are entitled to receive 85% of your gross pay, includingovertime, or loss of income, for the first three years following overtime, or loss of income, for the first three years followingthe accident if you are disabled as a result of the accident. the accident if you are disabled as a result of the accident.What if I was self-employed on the date of the accident? What if I was self-employed on the date of the accident?You are still entitled to these benefits if you were self- You are still entitled to these benefits if you were self-employed on the date of the accident. employed on the date of the accident.What if I was not employed on the date of the accident? What if I was not employed on the date of the accident?Many times, you are still entitled to be paid your lost wages Many times, you are still entitled to be paid your lost wageseven if you were not employed on the date of the accident. If even if you were not employed on the date of the accident. Ifyou were a seasonal employee (like a landscaper, summer you were a seasonal employee (like a landscaper, summerwork crew, or even a ski instructor) at the time of the work crew, or even a ski instructor) at the time of theaccident, you can still receive these benefits if the accident accident, you can still receive these benefits if the accidenthappened during your off work season. If you were about to happened during your off work season. If you were about tostart a new job at the time of the accident, you can still receive start a new job at the time of the accident, you can still receivethese benefits based upon what your income would have been these benefits based upon what your income would have beenin your new job. in your new job.What if I was looking for a job on the date of the What if I was looking for a job on the date of theaccident? accident?If you were not working but were looking for a job, you are If you were not working but were looking for a job, you arestill entitled to be paid wage loss benefits. You will need to still entitled to be paid wage loss benefits. You will need toshow proof that you were trying to find a job, such as show proof that you were trying to find a job, such assubmitting resumes or putting in job applications with submitting resumes or putting in job applications withpotential employers. The amount of your wage loss benefits potential employers. The amount of your wage loss benefits 27 27
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookwill be based on income from your last job before the will be based on income from your last job before theaccident. accident.What if was being paid in cash for my job? What if was being paid in cash for my job?This does not matter. You simply need proof that you were This does not matter. You simply need proof that you wereworking and being paid for your work. In order to prove your working and being paid for your work. In order to prove yourincome, it will be necessary to file tax returns to show what income, it will be necessary to file tax returns to show whatyour income was before the accident. your income was before the accident.How long can I get it for? How long can I get it for?You are entitled to these benefits for the first three years after You are entitled to these benefits for the first three years afterthe date of the accident if you are unable to work. If you are the date of the accident if you are unable to work. If you arestill unable to work after the three year anniversary of your still unable to work after the three year anniversary of youraccident, you may have an additional claim for wage loss accident, you may have an additional claim for wage lossagainst the other driver and owner of the car or motorcycle against the other driver and owner of the car or motorcyclethat caused the accident. If you caused the accident, you can that caused the accident. If you caused the accident, you canonly receive this benefit for the three year period. only receive this benefit for the three year period.What if I lost my job due to the injuries from the What if I lost my job due to the injuries from theaccident? accident?If you lost your job due to injuries from the accident, the If you lost your job due to injuries from the accident, theinsurance company is required to pay your wage loss benefits insurance company is required to pay your wage loss benefitseven if you are no longer disabled as long as you are trying even if you are no longer disabled as long as you are tryingto find new work after your disability has ended. to find new work after your disability has ended.28 28 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookwill be based on income from your last job before the will be based on income from your last job before theaccident. accident.What if was being paid in cash for my job? What if was being paid in cash for my job?This does not matter. You simply need proof that you were This does not matter. You simply need proof that you wereworking and being paid for your work. In order to prove your working and being paid for your work. In order to prove yourincome, it will be necessary to file tax returns to show what income, it will be necessary to file tax returns to show whatyour income was before the accident. your income was before the accident.How long can I get it for? How long can I get it for?You are entitled to these benefits for the first three years after You are entitled to these benefits for the first three years afterthe date of the accident if you are unable to work. If you are the date of the accident if you are unable to work. If you arestill unable to work after the three year anniversary of your still unable to work after the three year anniversary of youraccident, you may have an additional claim for wage loss accident, you may have an additional claim for wage lossagainst the other driver and owner of the car or motorcycle against the other driver and owner of the car or motorcyclethat caused the accident. If you caused the accident, you can that caused the accident. If you caused the accident, you canonly receive this benefit for the three year period. only receive this benefit for the three year period.What if I lost my job due to the injuries from the What if I lost my job due to the injuries from theaccident? accident?If you lost your job due to injuries from the accident, the If you lost your job due to injuries from the accident, theinsurance company is required to pay your wage loss benefits insurance company is required to pay your wage loss benefitseven if you are no longer disabled as long as you are trying even if you are no longer disabled as long as you are tryingto find new work after your disability has ended. to find new work after your disability has ended.28 28
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat if I can only work part-time due to the injuries from What if I can only work part-time due to the injuries fromthe accident? the accident?The insurance company is required to pay you the difference The insurance company is required to pay you the differencebetween what you were earning before the accident and what between what you were earning before the accident and whatyou are earning after the accident. you are earning after the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You need a note from your doctor (usually an Attending You need a note from your doctor (usually an AttendingPhysician’s Form) that disables you from working. You also Physician’s Form) that disables you from working. You alsoneed a wage verification form from your employer to submit need a wage verification form from your employer to submitto the insurance adjuster. A form for submitting this type of to the insurance adjuster. A form for submitting this type ofclaim can be downloaded and printed for free from claim can be downloaded and printed for free fromwww.BuckfireLaw.com. www.BuckfireLaw.com.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for wage loss benefits every You should submit your claim for wage loss benefits everythirty days, but claims for wage loss claims can be submitted thirty days, but claims for wage loss claims can be submittedup to within one year of the date of your disability. up to within one year of the date of your disability.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the insurance only recourse is to file a lawsuit against the insurance 29 29 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat if I can only work part-time due to the injuries from What if I can only work part-time due to the injuries fromthe accident? the accident?The insurance company is required to pay you the difference The insurance company is required to pay you the differencebetween what you were earning before the accident and what between what you were earning before the accident and whatyou are earning after the accident. you are earning after the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You need a note from your doctor (usually an Attending You need a note from your doctor (usually an AttendingPhysician’s Form) that disables you from working. You also Physician’s Form) that disables you from working. You alsoneed a wage verification form from your employer to submit need a wage verification form from your employer to submitto the insurance adjuster. A form for submitting this type of to the insurance adjuster. A form for submitting this type ofclaim can be downloaded and printed for free from claim can be downloaded and printed for free fromwww.BuckfireLaw.com. www.BuckfireLaw.com.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for wage loss benefits every You should submit your claim for wage loss benefits everythirty days, but claims for wage loss claims can be submitted thirty days, but claims for wage loss claims can be submittedup to within one year of the date of your disability. up to within one year of the date of your disability.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the insurance only recourse is to file a lawsuit against the insurance 29 29
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookcompany that demands payment for the wage loss benefits. company that demands payment for the wage loss benefits.How much time do you have to file your lawsuit? How much time do you have to file your lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.30 30 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookcompany that demands payment for the wage loss benefits. company that demands payment for the wage loss benefits.How much time do you have to file your lawsuit? How much time do you have to file your lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.30 30
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Medical Bills, Prescription Costs, and Medical Bills, Prescription Costs, and Other Expenses Other ExpensesWhat is it for? What is it for?All medical bills that are reasonable and necessary and All medical bills that are reasonable and necessary andrelated to your accident are covered by the no-fault insurance related to your accident are covered by the no-fault insurancecompany. These medical bills include, but are not limited to, company. These medical bills include, but are not limited to,hospital bills, doctor bills, physical therapy bills, hospital bills, doctor bills, physical therapy bills,prescriptions, ambulance bills, medical appliances such prescriptions, ambulance bills, medical appliances suchas a wheel chair, walker, back brace, and transportation as a wheel chair, walker, back brace, and transportationexpenses, etc. for your medical appointments. expenses, etc. for your medical appointments.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident. 31 31 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Medical Bills, Prescription Costs, and Medical Bills, Prescription Costs, and Other Expenses Other ExpensesWhat is it for? What is it for?All medical bills that are reasonable and necessary and All medical bills that are reasonable and necessary andrelated to your accident are covered by the no-fault insurance related to your accident are covered by the no-fault insurancecompany. These medical bills include, but are not limited to, company. These medical bills include, but are not limited to,hospital bills, doctor bills, physical therapy bills, hospital bills, doctor bills, physical therapy bills,prescriptions, ambulance bills, medical appliances such prescriptions, ambulance bills, medical appliances suchas a wheel chair, walker, back brace, and transportation as a wheel chair, walker, back brace, and transportationexpenses, etc. for your medical appointments. expenses, etc. for your medical appointments.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident. 31 31
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get? How much can I get?There is no limit on the amount of money that the no-fault There is no limit on the amount of money that the no-faultinsurance company must pay for accident related medical insurance company must pay for accident related medicaltreatment. The only limitation is that the medical bills must treatment. The only limitation is that the medical bills mustbe reasonable and necessary for your care, recovery, and be reasonable and necessary for your care, recovery, andrehabilitation. For example, a young man who is seriously rehabilitation. For example, a young man who is seriouslyinjured in a motorcycle/car accident may require medical care injured in a motorcycle/car accident may require medical carethat costs millions of dollars. The no-fault insurance company that costs millions of dollars. The no-fault insurance companyis responsible for paying for these bills. is responsible for paying for these bills.How long can I get them for? How long can I get them for?The medical bill coverage is a lifetime benefit. There is no The medical bill coverage is a lifetime benefit. There is nolimit into the future on how long this coverage will last. For limit into the future on how long this coverage will last. Forexample, the young man who was seriously injured in the example, the young man who was seriously injured in theaccident in the example mentioned above is entitled to accident in the example mentioned above is entitled toreceive coverage for his medical bills, related to the accident, receive coverage for his medical bills, related to the accident,for the rest of his life. for the rest of his life.How do I file my claims? How do I file my claims?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.32 32 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get? How much can I get?There is no limit on the amount of money that the no-fault There is no limit on the amount of money that the no-faultinsurance company must pay for accident related medical insurance company must pay for accident related medicaltreatment. The only limitation is that the medical bills must treatment. The only limitation is that the medical bills mustbe reasonable and necessary for your care, recovery, and be reasonable and necessary for your care, recovery, andrehabilitation. For example, a young man who is seriously rehabilitation. For example, a young man who is seriouslyinjured in a motorcycle/car accident may require medical care injured in a motorcycle/car accident may require medical carethat costs millions of dollars. The no-fault insurance company that costs millions of dollars. The no-fault insurance companyis responsible for paying for these bills. is responsible for paying for these bills.How long can I get them for? How long can I get them for?The medical bill coverage is a lifetime benefit. There is no The medical bill coverage is a lifetime benefit. There is nolimit into the future on how long this coverage will last. For limit into the future on how long this coverage will last. Forexample, the young man who was seriously injured in the example, the young man who was seriously injured in theaccident in the example mentioned above is entitled to accident in the example mentioned above is entitled toreceive coverage for his medical bills, related to the accident, receive coverage for his medical bills, related to the accident,for the rest of his life. for the rest of his life.How do I file my claims? How do I file my claims?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.32 32
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat type of documentation do I need? What type of documentation do I need?A written medical bill must be sent to the insurance company. A written medical bill must be sent to the insurance company.Many times, the insurance company may also request Many times, the insurance company may also requestmedical records for the bills and also may request that the medical records for the bills and also may request that thebills be submitted in a certain format. bills be submitted in a certain format.How much time do I have to file my claims? How much time do I have to file my claims?You should submit your claim for medical bills every thirty You should submit your claim for medical bills every thirtydays, but claims for medical bills can be submitted up to days, but claims for medical bills can be submitted up towithin one year of the date of the service. within one year of the date of the service.What if I have health insurance? Who is responsible for What if I have health insurance? Who is responsible forpaying my bills? paying my bills?It depends on what type of no-fault coverage is available to It depends on what type of no-fault coverage is available toyou. If the no-fault insurance policy available to you has you. If the no-fault insurance policy available to you hascoordinated medical coverage, your health insurance is coordinated medical coverage, your health insurance isresponsible for paying your medical bills, and the no-fault responsible for paying your medical bills, and the no-faultinsurance company will cover your bills that are not covered insurance company will cover your bills that are not coveredby your health insurance, including co-pays and deductibles. by your health insurance, including co-pays and deductibles.For example, if your health insurance policy provides For example, if your health insurance policy providescoverage for 20 physical therapy visits per year, and your coverage for 20 physical therapy visits per year, and yourdoctor has recommended that you receive 30 physical therapy doctor has recommended that you receive 30 physical therapyvisits for treatment for your injuries from the accident, the visits for treatment for your injuries from the accident, theNo-Fault insurance company would be required to pay for No-Fault insurance company would be required to pay forthe ten physical therapy visits not covered by your health the ten physical therapy visits not covered by your healthinsurance. insurance.WARNING: If you are covered by an HMO health insurance WARNING: If you are covered by an HMO health insurancepolicy, and the no-fault insurance policy has coordinated policy, and the no-fault insurance policy has coordinated 33 33 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat type of documentation do I need? What type of documentation do I need?A written medical bill must be sent to the insurance company. A written medical bill must be sent to the insurance company.Many times, the insurance company may also request Many times, the insurance company may also requestmedical records for the bills and also may request that the medical records for the bills and also may request that thebills be submitted in a certain format. bills be submitted in a certain format.How much time do I have to file my claims? How much time do I have to file my claims?You should submit your claim for medical bills every thirty You should submit your claim for medical bills every thirtydays, but claims for medical bills can be submitted up to days, but claims for medical bills can be submitted up towithin one year of the date of the service. within one year of the date of the service.What if I have health insurance? Who is responsible for What if I have health insurance? Who is responsible forpaying my bills? paying my bills?It depends on what type of no-fault coverage is available to It depends on what type of no-fault coverage is available toyou. If the no-fault insurance policy available to you has you. If the no-fault insurance policy available to you hascoordinated medical coverage, your health insurance is coordinated medical coverage, your health insurance isresponsible for paying your medical bills, and the no-fault responsible for paying your medical bills, and the no-faultinsurance company will cover your bills that are not covered insurance company will cover your bills that are not coveredby your health insurance, including co-pays and deductibles. by your health insurance, including co-pays and deductibles.For example, if your health insurance policy provides For example, if your health insurance policy providescoverage for 20 physical therapy visits per year, and your coverage for 20 physical therapy visits per year, and yourdoctor has recommended that you receive 30 physical therapy doctor has recommended that you receive 30 physical therapyvisits for treatment for your injuries from the accident, the visits for treatment for your injuries from the accident, theNo-Fault insurance company would be required to pay for No-Fault insurance company would be required to pay forthe ten physical therapy visits not covered by your health the ten physical therapy visits not covered by your healthinsurance. insurance.WARNING: If you are covered by an HMO health insurance WARNING: If you are covered by an HMO health insurancepolicy, and the no-fault insurance policy has coordinated policy, and the no-fault insurance policy has coordinated 33 33
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookmedical coverage, you are required to seek treatment from medical coverage, you are required to seek treatment fromdoctors within your HMO plan. If you seek treatment outside doctors within your HMO plan. If you seek treatment outsideof your HMO plan, the no-fault insurance company may not of your HMO plan, the no-fault insurance company may notcover your medical bills. cover your medical bills.If the no-fault insurance policy available to you has If the no-fault insurance policy available to you hasuncoordinated medical coverage, the No-Fault insurance uncoordinated medical coverage, the No-Fault insurancecompany is primary and is required to pay for all of your company is primary and is required to pay for all of yourmedical bills, even if you have health insurance. Therefore, medical bills, even if you have health insurance. Therefore,if you have this type of coverage, you can see any doctor that if you have this type of coverage, you can see any doctor thatyou want to, even if the doctor is not part of your health you want to, even if the doctor is not part of your healthinsurance plan. insurance plan.WE STRONGLY RECOMMEND THAT YOU WE STRONGLY RECOMMEND THAT YOUCONSULT WITH AN ATTORNEY IMMEDIATELY CONSULT WITH AN ATTORNEY IMMEDIATELYAFTER THE ACCIDENT TO REVIEW YOUR AFTER THE ACCIDENT TO REVIEW YOURSITUATION TO SEE WHAT TYPE OF NO-FAULT SITUATION TO SEE WHAT TYPE OF NO-FAULTMEDICAL COVERAGE IS AVAILABLE TO YOU. MEDICAL COVERAGE IS AVAILABLE TO YOU.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the medical bills. demands payment for the medical bills.If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the date34 34 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookmedical coverage, you are required to seek treatment from medical coverage, you are required to seek treatment fromdoctors within your HMO plan. If you seek treatment outside doctors within your HMO plan. If you seek treatment outsideof your HMO plan, the no-fault insurance company may not of your HMO plan, the no-fault insurance company may notcover your medical bills. cover your medical bills.If the no-fault insurance policy available to you has If the no-fault insurance policy available to you hasuncoordinated medical coverage, the No-Fault insurance uncoordinated medical coverage, the No-Fault insurancecompany is primary and is required to pay for all of your company is primary and is required to pay for all of yourmedical bills, even if you have health insurance. Therefore, medical bills, even if you have health insurance. Therefore,if you have this type of coverage, you can see any doctor that if you have this type of coverage, you can see any doctor thatyou want to, even if the doctor is not part of your health you want to, even if the doctor is not part of your healthinsurance plan. insurance plan.WE STRONGLY RECOMMEND THAT YOU WE STRONGLY RECOMMEND THAT YOUCONSULT WITH AN ATTORNEY IMMEDIATELY CONSULT WITH AN ATTORNEY IMMEDIATELYAFTER THE ACCIDENT TO REVIEW YOUR AFTER THE ACCIDENT TO REVIEW YOURSITUATION TO SEE WHAT TYPE OF NO-FAULT SITUATION TO SEE WHAT TYPE OF NO-FAULTMEDICAL COVERAGE IS AVAILABLE TO YOU. MEDICAL COVERAGE IS AVAILABLE TO YOU.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the medical bills. demands payment for the medical bills.If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the date34 34
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikerson which the last unpaid No-Fault benefit was incurred. on which the last unpaid No-Fault benefit was incurred.If you fail to file your lawsuit within this one year period, If you fail to file your lawsuit within this one year period,you will lose the right to have the benefit or expense paid. you will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident. 35 35 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikerson which the last unpaid No-Fault benefit was incurred. on which the last unpaid No-Fault benefit was incurred.If you fail to file your lawsuit within this one year period, If you fail to file your lawsuit within this one year period,you will lose the right to have the benefit or expense paid. you will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident. 35 35
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: In-Home Nursing Care/Attendant Care In-Home Nursing Care/Attendant CareWhat is it for? What is it for?In home nursing care /attendant care benefits are actually a In home nursing care /attendant care benefits are actually apart of the medical benefits that you are entitled to receive part of the medical benefits that you are entitled to receiveunder the No-Fault laws. These benefits are paid to have a under the No-Fault laws. These benefits are paid to have aperson attend to your personal needs while you recover from person attend to your personal needs while you recover fromyour injuries. These services include assisting you with your injuries. These services include assisting you withtoileting, showering, feeding, and medications, and even just toileting, showering, feeding, and medications, and even justbeing with you and supervising you during your recovery. being with you and supervising you during your recovery.The person can be a family member, friend, nurse or someone The person can be a family member, friend, nurse or someonefrom a nursing agency. from a nursing agency.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.36 36 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: In-Home Nursing Care/Attendant Care In-Home Nursing Care/Attendant CareWhat is it for? What is it for?In home nursing care /attendant care benefits are actually a In home nursing care /attendant care benefits are actually apart of the medical benefits that you are entitled to receive part of the medical benefits that you are entitled to receiveunder the No-Fault laws. These benefits are paid to have a under the No-Fault laws. These benefits are paid to have aperson attend to your personal needs while you recover from person attend to your personal needs while you recover fromyour injuries. These services include assisting you with your injuries. These services include assisting you withtoileting, showering, feeding, and medications, and even just toileting, showering, feeding, and medications, and even justbeing with you and supervising you during your recovery. being with you and supervising you during your recovery.The person can be a family member, friend, nurse or someone The person can be a family member, friend, nurse or someonefrom a nursing agency. from a nursing agency.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.36 36
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get to pay for nursing care? How much can I get to pay for nursing care?The dollar amount paid for these services depends on the The dollar amount paid for these services depends on thelevel of care and supervision being provided. Ranges are level of care and supervision being provided. Ranges aretypically from $12.00 per hour to $25.00 per hour. Higher typically from $12.00 per hour to $25.00 per hour. Higherrates are paid in cases involving brain injuries, spinal cord rates are paid in cases involving brain injuries, spinal cordinjuries, and other serious injuries that require the most injuries, and other serious injuries that require the mostassistance. assistance.How many hours a day can I get it for? How many hours a day can I get it for?This depends on how many hours a day that your doctor This depends on how many hours a day that your doctorbelieves that you need these services. In many cases, the rate believes that you need these services. In many cases, the rateis paid twenty-four hours a day. Even though you sleep is paid twenty-four hours a day. Even though you sleepseveral hours each day, you may still need someone to be several hours each day, you may still need someone to behome with you in the case of an emergency or even to assist home with you in the case of an emergency or even to assistyou in going to the bathroom if you awaken in the middle of you in going to the bathroom if you awaken in the middle ofthe night. the night.How long can I get it for? How long can I get it for?Like other medical expense benefits, you can receive this for Like other medical expense benefits, you can receive this forthe rest of your life if it is necessary. Your doctor will tell the rest of your life if it is necessary. Your doctor will tellthe insurance company how long you need to have the the insurance company how long you need to have theservices provided to you. services provided to you. 37 37 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get to pay for nursing care? How much can I get to pay for nursing care?The dollar amount paid for these services depends on the The dollar amount paid for these services depends on thelevel of care and supervision being provided. Ranges are level of care and supervision being provided. Ranges aretypically from $12.00 per hour to $25.00 per hour. Higher typically from $12.00 per hour to $25.00 per hour. Higherrates are paid in cases involving brain injuries, spinal cord rates are paid in cases involving brain injuries, spinal cordinjuries, and other serious injuries that require the most injuries, and other serious injuries that require the mostassistance. assistance.How many hours a day can I get it for? How many hours a day can I get it for?This depends on how many hours a day that your doctor This depends on how many hours a day that your doctorbelieves that you need these services. In many cases, the rate believes that you need these services. In many cases, the rateis paid twenty-four hours a day. Even though you sleep is paid twenty-four hours a day. Even though you sleepseveral hours each day, you may still need someone to be several hours each day, you may still need someone to behome with you in the case of an emergency or even to assist home with you in the case of an emergency or even to assistyou in going to the bathroom if you awaken in the middle of you in going to the bathroom if you awaken in the middle ofthe night. the night.How long can I get it for? How long can I get it for?Like other medical expense benefits, you can receive this for Like other medical expense benefits, you can receive this forthe rest of your life if it is necessary. Your doctor will tell the rest of your life if it is necessary. Your doctor will tellthe insurance company how long you need to have the the insurance company how long you need to have theservices provided to you. services provided to you. 37 37
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow do I file my claim? How do I file my claim?A written claim must be submitted to the insurance adjuster A written claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?Again, you need a prescription from your doctor for these Again, you need a prescription from your doctor for theseservices. Additionally, you will need to submit a claim services. Additionally, you will need to submit a claimspecifying the services being provided, the amount of hours specifying the services being provided, the amount of hoursper day the services are being provided, and the name of the per day the services are being provided, and the name of theperson providing the attendant care. A sample form for person providing the attendant care. A sample form forsubmitting this type of claim can also be downloaded and submitting this type of claim can also be downloaded andprinted for free from www.BuckfireLaw.com. printed for free from www.BuckfireLaw.com.How much time do I have to file my claim? How much time do I have to file my claim?You should send in your claims for attendant care services You should send in your claims for attendant care servicesevery thirty days, but claims for attendant care services can every thirty days, but claims for attendant care services canbe submitted up to within one year of the date of service. be submitted up to within one year of the date of service.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the insurance only recourse is to file a lawsuit against the insurancecompany that demands payment for the services. company that demands payment for the services.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expense38 38 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow do I file my claim? How do I file my claim?A written claim must be submitted to the insurance adjuster A written claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?Again, you need a prescription from your doctor for these Again, you need a prescription from your doctor for theseservices. Additionally, you will need to submit a claim services. Additionally, you will need to submit a claimspecifying the services being provided, the amount of hours specifying the services being provided, the amount of hoursper day the services are being provided, and the name of the per day the services are being provided, and the name of theperson providing the attendant care. A sample form for person providing the attendant care. A sample form forsubmitting this type of claim can also be downloaded and submitting this type of claim can also be downloaded andprinted for free from www.BuckfireLaw.com. printed for free from www.BuckfireLaw.com.How much time do I have to file my claim? How much time do I have to file my claim?You should send in your claims for attendant care services You should send in your claims for attendant care servicesevery thirty days, but claims for attendant care services can every thirty days, but claims for attendant care services canbe submitted up to within one year of the date of service. be submitted up to within one year of the date of service.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the insurance only recourse is to file a lawsuit against the insurancecompany that demands payment for the services. company that demands payment for the services.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expense38 38
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident. 39 39 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikersor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident. 39 39
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: Household Chores/Replacement Services Household Chores/Replacement ServicesWhat is it for? What is it for?Replacement service benefits are payments for services Replacement service benefits are payments for servicesperformed around your home that you used to do but cannot performed around your home that you used to do but cannotdo because of injuries from the accident. These services do because of injuries from the accident. These servicesinclude but are not limited to cooking, vacuuming, dusting, include but are not limited to cooking, vacuuming, dusting,cleaning, laundry, cutting the grass, shoveling the snow, and cleaning, laundry, cutting the grass, shoveling the snow, andeven taking out the garbage. The person providing the even taking out the garbage. The person providing theservices can be a family member, friend, or someone that you services can be a family member, friend, or someone that youhire to help you. hire to help you.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.40 40 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: Household Chores/Replacement Services Household Chores/Replacement ServicesWhat is it for? What is it for?Replacement service benefits are payments for services Replacement service benefits are payments for servicesperformed around your home that you used to do but cannot performed around your home that you used to do but cannotdo because of injuries from the accident. These services do because of injuries from the accident. These servicesinclude but are not limited to cooking, vacuuming, dusting, include but are not limited to cooking, vacuuming, dusting,cleaning, laundry, cutting the grass, shoveling the snow, and cleaning, laundry, cutting the grass, shoveling the snow, andeven taking out the garbage. The person providing the even taking out the garbage. The person providing theservices can be a family member, friend, or someone that you services can be a family member, friend, or someone that youhire to help you. hire to help you.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.40 40
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get to pay for household help? How much can I get to pay for household help?You can receive up to $20.00 a day for these services. This You can receive up to $20.00 a day for these services. Thisamounts to $600.00 each month during your recovery. amounts to $600.00 each month during your recovery.How long can I get it for? How long can I get it for?You are entitled to these benefits for up to the first three years You are entitled to these benefits for up to the first three yearsafter the date of the accident if you are unable to perform the after the date of the accident if you are unable to perform theservices yourself. services yourself.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?Again, you need a prescription from your doctor for these Again, you need a prescription from your doctor for theseservices, a list of the services performed, and the name of the services, a list of the services performed, and the name of theperson performing the household chores. A form for person performing the household chores. A form forsubmitting this type of claim can be downloaded and printed submitting this type of claim can be downloaded and printedfor free from www.BuckfireLaw.com. for free from www.BuckfireLaw.com. 41 41 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get to pay for household help? How much can I get to pay for household help?You can receive up to $20.00 a day for these services. This You can receive up to $20.00 a day for these services. Thisamounts to $600.00 each month during your recovery. amounts to $600.00 each month during your recovery.How long can I get it for? How long can I get it for?You are entitled to these benefits for up to the first three years You are entitled to these benefits for up to the first three yearsafter the date of the accident if you are unable to perform the after the date of the accident if you are unable to perform theservices yourself. services yourself.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?Again, you need a prescription from your doctor for these Again, you need a prescription from your doctor for theseservices, a list of the services performed, and the name of the services, a list of the services performed, and the name of theperson performing the household chores. A form for person performing the household chores. A form forsubmitting this type of claim can be downloaded and printed submitting this type of claim can be downloaded and printedfor free from www.BuckfireLaw.com. for free from www.BuckfireLaw.com. 41 41
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for replacement services every You should submit your claim for replacement services everythirty days, but claims for replacement services can be thirty days, but claims for replacement services can besubmitted up to within one year of the date of the service. submitted up to within one year of the date of the service.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the benefits. demands payment for the benefits.How much time do you have to file your lawsuit? How much time do you have to file your lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.42 42 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for replacement services every You should submit your claim for replacement services everythirty days, but claims for replacement services can be thirty days, but claims for replacement services can besubmitted up to within one year of the date of the service. submitted up to within one year of the date of the service.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the benefits. demands payment for the benefits.How much time do you have to file your lawsuit? How much time do you have to file your lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.42 42
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Case Management Services Case Management ServicesWhat are they? What are they?Case Management Services are actually a part of the medical Case Management Services are actually a part of the medicalbenefits that you are entitled to receive under the No-Fault benefits that you are entitled to receive under the No-Faultlaws. Case managers, typically nurses or vocational laws. Case managers, typically nurses or vocationalrehabilitation counselors, play a very important role in rehabilitation counselors, play a very important role inhelping injured persons with their road to recovery. They helping injured persons with their road to recovery. Theyoften help the patient do the following: often help the patient do the following: • Coordinating medical care with multiple doctors and • Coordinating medical care with multiple doctors and clinics clinics • Finding the best medical specialists for a patient’s needs • Finding the best medical specialists for a patient’s needs • Scheduling doctor’s appointments • Scheduling doctor’s appointments • Helping the patient with home modifications, such as • Helping the patient with home modifications, such as ramps ramps • Helping the patient obtain necessary medical • Helping the patient obtain necessary medical appliances, like wheelchairs and hospital beds appliances, like wheelchairs and hospital beds • Communicating with the insurance company on behalf • Communicating with the insurance company on behalf of the patient of the patient • Other services to assist the client with his or her care, • Other services to assist the client with his or her care, recovery, and rehabilitation. recovery, and rehabilitation.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, such 43 43 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Case Management Services Case Management ServicesWhat are they? What are they?Case Management Services are actually a part of the medical Case Management Services are actually a part of the medicalbenefits that you are entitled to receive under the No-Fault benefits that you are entitled to receive under the No-Faultlaws. Case managers, typically nurses or vocational laws. Case managers, typically nurses or vocationalrehabilitation counselors, play a very important role in rehabilitation counselors, play a very important role inhelping injured persons with their road to recovery. They helping injured persons with their road to recovery. Theyoften help the patient do the following: often help the patient do the following: • Coordinating medical care with multiple doctors and • Coordinating medical care with multiple doctors and clinics clinics • Finding the best medical specialists for a patient’s needs • Finding the best medical specialists for a patient’s needs • Scheduling doctor’s appointments • Scheduling doctor’s appointments • Helping the patient with home modifications, such as • Helping the patient with home modifications, such as ramps ramps • Helping the patient obtain necessary medical • Helping the patient obtain necessary medical appliances, like wheelchairs and hospital beds appliances, like wheelchairs and hospital beds • Communicating with the insurance company on behalf • Communicating with the insurance company on behalf of the patient of the patient • Other services to assist the client with his or her care, • Other services to assist the client with his or her care, recovery, and rehabilitation. recovery, and rehabilitation.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, such 43 43
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much money can I receive for case management How much money can I receive for case managementservices? services?There is no limit on the amount of case management services There is no limit on the amount of case management servicesthat you can receive. The only limitation is that the case that you can receive. The only limitation is that the casemanagement services must be reasonable and necessary for management services must be reasonable and necessary foryour care, recovery, and rehabilitation. your care, recovery, and rehabilitation.How long can I get it for? How long can I get it for?Like other medical benefits, you can receive this service for Like other medical benefits, you can receive this service forthe rest of your life if it is necessary. the rest of your life if it is necessary.44 44 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much money can I receive for case management How much money can I receive for case managementservices? services?There is no limit on the amount of case management services There is no limit on the amount of case management servicesthat you can receive. The only limitation is that the case that you can receive. The only limitation is that the casemanagement services must be reasonable and necessary for management services must be reasonable and necessary foryour care, recovery, and rehabilitation. your care, recovery, and rehabilitation.How long can I get it for? How long can I get it for?Like other medical benefits, you can receive this service for Like other medical benefits, you can receive this service forthe rest of your life if it is necessary. the rest of your life if it is necessary.44 44
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow do I file my claim? How do I file my claim?A written claim must be submitted to the insurance adjuster A written claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?Usually, case managers will send their reports and bills Usually, case managers will send their reports and billsdirectly to the insurance adjuster. directly to the insurance adjuster.How much time do I have to file my claim? How much time do I have to file my claim?You should send in your claims for case management services You should send in your claims for case management servicesevery thirty days, but claims for case management services every thirty days, but claims for case management servicescan be submitted up to within one year of the date of service. can be submitted up to within one year of the date of service.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the insurance only recourse is to file a lawsuit against the insurancecompany that demands payment for the services. company that demands payment for the services.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. If 45 45 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow do I file my claim? How do I file my claim?A written claim must be submitted to the insurance adjuster A written claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?Usually, case managers will send their reports and bills Usually, case managers will send their reports and billsdirectly to the insurance adjuster. directly to the insurance adjuster.How much time do I have to file my claim? How much time do I have to file my claim?You should send in your claims for case management services You should send in your claims for case management servicesevery thirty days, but claims for case management services every thirty days, but claims for case management servicescan be submitted up to within one year of the date of service. can be submitted up to within one year of the date of service.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the insurance only recourse is to file a lawsuit against the insurancecompany that demands payment for the services. company that demands payment for the services.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. If 45 45
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.46 46 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.46 46
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit:Home Modifications and Accommodations Home Modifications and AccommodationsWhat is it for? What is it for?Home modification benefits are paid when the injured person Home modification benefits are paid when the injured personcannot comfortably live in his or her current home or apartment cannot comfortably live in his or her current home or apartmentbecause of physical limitations caused by injuries from the because of physical limitations caused by injuries from theaccident. The insurance company is required to pay for accident. The insurance company is required to pay forremodeling for items such as handicapped ramps, additional remodeling for items such as handicapped ramps, additionalrooms, wider doorways, and even bathrooms and showers to rooms, wider doorways, and even bathrooms and showers tomake it easier for an injured person to live in the home. make it easier for an injured person to live in the home.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident. 47 47 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit:Home Modifications and Accommodations Home Modifications and AccommodationsWhat is it for? What is it for?Home modification benefits are paid when the injured person Home modification benefits are paid when the injured personcannot comfortably live in his or her current home or apartment cannot comfortably live in his or her current home or apartmentbecause of physical limitations caused by injuries from the because of physical limitations caused by injuries from theaccident. The insurance company is required to pay for accident. The insurance company is required to pay forremodeling for items such as handicapped ramps, additional remodeling for items such as handicapped ramps, additionalrooms, wider doorways, and even bathrooms and showers to rooms, wider doorways, and even bathrooms and showers tomake it easier for an injured person to live in the home. make it easier for an injured person to live in the home.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident. 47 47
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get for home modifications? How much can I get for home modifications?The dollar amount paid for these services depends on the type The dollar amount paid for these services depends on the typeof disability and the special needs of the injured person. of disability and the special needs of the injured person.Typically, an architect or contractor works alongside the Typically, an architect or contractor works alongside themedical provider to design the most appropriate changes for medical provider to design the most appropriate changes forthe home. There is no limit on the amount as long as it is the home. There is no limit on the amount as long as it isreasonable and necessary. reasonable and necessary.What if I rent an apartment or live with a family member What if I rent an apartment or live with a family memberor friend? or friend?You are still entitled to have this remodeling done if you live You are still entitled to have this remodeling done if you livein an apartment or live with someone else. If you live in an in an apartment or live with someone else. If you live in anapartment, the insurance company may be required to apartment, the insurance company may be required toremodel your apartment or may have to find a better place remodel your apartment or may have to find a better placefor you to live that is equipped with accommodations to meet for you to live that is equipped with accommodations to meetyour needs. The insurance company may be required to pay your needs. The insurance company may be required to payfor this residence in full or in part. for this residence in full or in part.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.48 48 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.How much can I get for home modifications? How much can I get for home modifications?The dollar amount paid for these services depends on the type The dollar amount paid for these services depends on the typeof disability and the special needs of the injured person. of disability and the special needs of the injured person.Typically, an architect or contractor works alongside the Typically, an architect or contractor works alongside themedical provider to design the most appropriate changes for medical provider to design the most appropriate changes forthe home. There is no limit on the amount as long as it is the home. There is no limit on the amount as long as it isreasonable and necessary. reasonable and necessary.What if I rent an apartment or live with a family member What if I rent an apartment or live with a family memberor friend? or friend?You are still entitled to have this remodeling done if you live You are still entitled to have this remodeling done if you livein an apartment or live with someone else. If you live in an in an apartment or live with someone else. If you live in anapartment, the insurance company may be required to apartment, the insurance company may be required toremodel your apartment or may have to find a better place remodel your apartment or may have to find a better placefor you to live that is equipped with accommodations to meet for you to live that is equipped with accommodations to meetyour needs. The insurance company may be required to pay your needs. The insurance company may be required to payfor this residence in full or in part. for this residence in full or in part.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.48 48
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat type of documentation do I need? What type of documentation do I need?You need a prescription from your doctor or a report from an You need a prescription from your doctor or a report from anoccupational therapist for these modifications and a occupational therapist for these modifications and areasonable plan for the remodeling. You may need to enter reasonable plan for the remodeling. You may need to enterinto a contract with a construction company for the needed into a contract with a construction company for the neededremodeling. remodeling.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim these expenses once it has You should submit your claim these expenses once it hasbeen determined by a doctor that it is necessary and you have been determined by a doctor that it is necessary and you havea contract for the necessary remodeling work. a contract for the necessary remodeling work.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the expenses. demands payment for the expenses.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by the If the claims are presented within one year but are not paid by theinsurance company within one year of the date of expense or insurance company within one year of the date of expense orclaim, it will be necessary to start a lawsuit within that one year claim, it will be necessary to start a lawsuit within that one yearperiod in order to protect your claim. If you choose to begin a period in order to protect your claim. If you choose to begin alawsuit against your insurance company for No-Fault lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the benefits, you must file a lawsuit within ONE YEAR of thedate on which the last unpaid No-Fault benefit was incurred. date on which the last unpaid No-Fault benefit was incurred.If you fail to file your lawsuit within this one year period, you If you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid. 49 49 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat type of documentation do I need? What type of documentation do I need?You need a prescription from your doctor or a report from an You need a prescription from your doctor or a report from anoccupational therapist for these modifications and a occupational therapist for these modifications and areasonable plan for the remodeling. You may need to enter reasonable plan for the remodeling. You may need to enterinto a contract with a construction company for the needed into a contract with a construction company for the neededremodeling. remodeling.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim these expenses once it has You should submit your claim these expenses once it hasbeen determined by a doctor that it is necessary and you have been determined by a doctor that it is necessary and you havea contract for the necessary remodeling work. a contract for the necessary remodeling work.What do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the expenses. demands payment for the expenses.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by the If the claims are presented within one year but are not paid by theinsurance company within one year of the date of expense or insurance company within one year of the date of expense orclaim, it will be necessary to start a lawsuit within that one year claim, it will be necessary to start a lawsuit within that one yearperiod in order to protect your claim. If you choose to begin a period in order to protect your claim. If you choose to begin alawsuit against your insurance company for No-Fault lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the benefits, you must file a lawsuit within ONE YEAR of thedate on which the last unpaid No-Fault benefit was incurred. date on which the last unpaid No-Fault benefit was incurred.If you fail to file your lawsuit within this one year period, you If you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid. 49 49
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookIf there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.50 50 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookIf there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.50 50
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Medical Mileage Medical MileageWhat is it for? What is it for?This is to reimburse you for your mileage expenses to and This is to reimburse you for your mileage expenses to andfrom your medical appointments. from your medical appointments.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law. 51 51 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Medical Mileage Medical MileageWhat is it for? What is it for?This is to reimburse you for your mileage expenses to and This is to reimburse you for your mileage expenses to andfrom your medical appointments. from your medical appointments.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law. 51 51
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow much can I get? How much can I get?You are entitled to a reasonable rate per mile. You are entitled to a reasonable rate per mile.How long can I get it for? How long can I get it for?You are entitled to these benefits as long as you need to get You are entitled to these benefits as long as you need to getto and from your medical appointments to be treated for the to and from your medical appointments to be treated for theinjuries that you suffered in the accident. injuries that you suffered in the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You need to make a list of the days that you attended You need to make a list of the days that you attendedappointments, the name and address of the doctor or clinic, appointments, the name and address of the doctor or clinic,and the distance to and from your home. A form for and the distance to and from your home. A form forsubmitting this type of claim can be downloaded and printed submitting this type of claim can be downloaded and printedfor free from www.BuckfireLaw.com. for free from www.BuckfireLaw.com.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for mileage expenses every You should submit your claim for mileage expenses everythirty days, but claims for mileage expenses can be submitted thirty days, but claims for mileage expenses can be submittedup to within one year of the date of the medical appointment. up to within one year of the date of the medical appointment.52 52 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookHow much can I get? How much can I get?You are entitled to a reasonable rate per mile. You are entitled to a reasonable rate per mile.How long can I get it for? How long can I get it for?You are entitled to these benefits as long as you need to get You are entitled to these benefits as long as you need to getto and from your medical appointments to be treated for the to and from your medical appointments to be treated for theinjuries that you suffered in the accident. injuries that you suffered in the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You need to make a list of the days that you attended You need to make a list of the days that you attendedappointments, the name and address of the doctor or clinic, appointments, the name and address of the doctor or clinic,and the distance to and from your home. A form for and the distance to and from your home. A form forsubmitting this type of claim can be downloaded and printed submitting this type of claim can be downloaded and printedfor free from www.BuckfireLaw.com. for free from www.BuckfireLaw.com.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for mileage expenses every You should submit your claim for mileage expenses everythirty days, but claims for mileage expenses can be submitted thirty days, but claims for mileage expenses can be submittedup to within one year of the date of the medical appointment. up to within one year of the date of the medical appointment.52 52
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the expense. demands payment for the expense.If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident. 53 53 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersWhat do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the expense. demands payment for the expense.If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident. 53 53
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: Special Transportation Special TransportationWhat is it for? What is it for?This is for a van or specially equipped van or vehicle to take This is for a van or specially equipped van or vehicle to takeyou to and from your medical appointments. This is often you to and from your medical appointments. This is oftenrequired for persons in wheelchairs or other equipment that required for persons in wheelchairs or other equipment thatrequires special transportation. requires special transportation.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.54 54 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook Type of Benefit: Type of Benefit: Special Transportation Special TransportationWhat is it for? What is it for?This is for a van or specially equipped van or vehicle to take This is for a van or specially equipped van or vehicle to takeyou to and from your medical appointments. This is often you to and from your medical appointments. This is oftenrequired for persons in wheelchairs or other equipment that required for persons in wheelchairs or other equipment thatrequires special transportation. requires special transportation.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?You are entitled to receive these benefits under Michigan law, You are entitled to receive these benefits under Michigan law,regardless of fault, if you were injured in a motorcycle regardless of fault, if you were injured in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile, such maintenance or use of an automobile as an automobile, suchas a car or truck. The primary pre-requisite is that the as a car or truck. The primary pre-requisite is that themotorcycle accident must “involve” an automobile. motorcycle accident must “involve” an automobile.Also, if you were driving your own motorcycle, your Also, if you were driving your own motorcycle, yourmotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if you did not properly insure your (PLPD) insurance. Even if you did not properly insure yourmotorcycle, you may be entitled to pursue other claims from motorcycle, you may be entitled to pursue other claims fromthe accident. the accident.Due to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that you contact an motorcycle accidents, we suggest that you contact anexperienced motorcycle accident attorney as soon as possible experienced motorcycle accident attorney as soon as possibleafter an accident to determine what claims you are entitled after an accident to determine what claims you are entitledto pursue under the law. to pursue under the law.54 54
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow much can I get? How much can I get?The insurance company must pay the reasonable cost for this The insurance company must pay the reasonable cost for thistransportation. transportation.How long can I get it for? How long can I get it for?You are entitled to these benefits as long as you need to get You are entitled to these benefits as long as you need to getto and from your medical appointments to be treated for the to and from your medical appointments to be treated for theinjuries that you suffered in the accident. injuries that you suffered in the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You need to submit the invoice or bill from the transportation You need to submit the invoice or bill from the transportationcompany and a prescription from your doctor for this type of company and a prescription from your doctor for this type ofservice. service.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for special transportation You should submit your claim for special transportationservices every thirty days, but claims for transportation services every thirty days, but claims for transportationservices can be submitted up to within one year of the date of services can be submitted up to within one year of the date ofservice. service. 55 55 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow much can I get? How much can I get?The insurance company must pay the reasonable cost for this The insurance company must pay the reasonable cost for thistransportation. transportation.How long can I get it for? How long can I get it for?You are entitled to these benefits as long as you need to get You are entitled to these benefits as long as you need to getto and from your medical appointments to be treated for the to and from your medical appointments to be treated for theinjuries that you suffered in the accident. injuries that you suffered in the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You need to submit the invoice or bill from the transportation You need to submit the invoice or bill from the transportationcompany and a prescription from your doctor for this type of company and a prescription from your doctor for this type ofservice. service.How much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for special transportation You should submit your claim for special transportationservices every thirty days, but claims for transportation services every thirty days, but claims for transportationservices can be submitted up to within one year of the date of services can be submitted up to within one year of the date ofservice. service. 55 55
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookWhat do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the services. demands payment for the services.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.56 56 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookWhat do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company that only recourse is to file a lawsuit against the company thatdemands payment for the services. demands payment for the services.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. Ifyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.56 56
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Survivorʼs Loss Benefits Survivorʼs Loss BenefitsWhat is it for? What is it for?If your husband, wife, or a relative who you are dependent If your husband, wife, or a relative who you are dependentupon, dies as a result of injuries from an accident, you may upon, dies as a result of injuries from an accident, you maybe entitled to receive survivor loss benefits. These benefits be entitled to receive survivor loss benefits. These benefitsinclude money from the No-Fault insurance company for loss include money from the No-Fault insurance company for lossof their financial support and loss of household services, as of their financial support and loss of household services, aswell as payment for a portion of the funeral bill. well as payment for a portion of the funeral bill.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?Family members are entitled to receive these benefits under Family members are entitled to receive these benefits underMichigan law, regardless of fault, if their family member, for Michigan law, regardless of fault, if their family member, forwhom they were dependent upon, died in a motorcycle whom they were dependent upon, died in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile. The maintenance or use of an automobile as an automobile. Theprimary pre-requisite is that the motorcycle accident must primary pre-requisite is that the motorcycle accident must“involve” an automobile. “involve” an automobile.Also, if the deceased family member, for whom they are Also, if the deceased family member, for whom they aredependent upon, was driving his or her own motorcycle, the dependent upon, was driving his or her own motorcycle, themotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if the motorcycle was not properly (PLPD) insurance. Even if the motorcycle was not properlyinsured, family members may be entitled to pursue other insured, family members may be entitled to pursue otherclaims from the accident. claims from the accident. 57 57 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Type of Benefit: Type of Benefit: Survivorʼs Loss Benefits Survivorʼs Loss BenefitsWhat is it for? What is it for?If your husband, wife, or a relative who you are dependent If your husband, wife, or a relative who you are dependentupon, dies as a result of injuries from an accident, you may upon, dies as a result of injuries from an accident, you maybe entitled to receive survivor loss benefits. These benefits be entitled to receive survivor loss benefits. These benefitsinclude money from the No-Fault insurance company for loss include money from the No-Fault insurance company for lossof their financial support and loss of household services, as of their financial support and loss of household services, aswell as payment for a portion of the funeral bill. well as payment for a portion of the funeral bill.How do I know if I am eligible for these benefits? How do I know if I am eligible for these benefits?Family members are entitled to receive these benefits under Family members are entitled to receive these benefits underMichigan law, regardless of fault, if their family member, for Michigan law, regardless of fault, if their family member, forwhom they were dependent upon, died in a motorcycle whom they were dependent upon, died in a motorcycleaccident that arose out of the ownership, operation, accident that arose out of the ownership, operation,maintenance or use of an automobile as an automobile. The maintenance or use of an automobile as an automobile. Theprimary pre-requisite is that the motorcycle accident must primary pre-requisite is that the motorcycle accident must“involve” an automobile. “involve” an automobile.Also, if the deceased family member, for whom they are Also, if the deceased family member, for whom they aredependent upon, was driving his or her own motorcycle, the dependent upon, was driving his or her own motorcycle, themotorcycle must have been insured in order to receive these motorcycle must have been insured in order to receive thesebenefits, by having basic motorcycle liability insurance, benefits, by having basic motorcycle liability insurance,commonly known as Personal Liability and Property Damage commonly known as Personal Liability and Property Damage(PLPD) insurance. Even if the motorcycle was not properly (PLPD) insurance. Even if the motorcycle was not properlyinsured, family members may be entitled to pursue other insured, family members may be entitled to pursue otherclaims from the accident. claims from the accident. 57 57
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that family members motorcycle accidents, we suggest that family memberscontact an experienced motorcycle accident attorney as soon contact an experienced motorcycle accident attorney as soonas possible after an accident to determine what claims they as possible after an accident to determine what claims theymay be entitled to pursue under the law. may be entitled to pursue under the law.How much can I get? How much can I get?The maximum monthly amount payable for survivor loss The maximum monthly amount payable for survivor lossbenefits changes every year. To find out the maximum benefits changes every year. To find out the maximummonthly amount and how much you can receive in benefits, monthly amount and how much you can receive in benefits,please call our office at 1-800-606-1717 or visit our website please call our office at 1-800-606-1717 or visit our websiteat www.BuckfireLaw.com. at www.BuckfireLaw.com.How long can I get it for? How long can I get it for?You are entitled to receive survivor loss benefits for the first You are entitled to receive survivor loss benefits for the firstthree years following the accident. three years following the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You will be required to submit a copy of the death certificate, You will be required to submit a copy of the death certificate,as well as a copy of the funeral bill. Additionally, you will be as well as a copy of the funeral bill. Additionally, you will berequired to present written proof of the loss of financial required to present written proof of the loss of financialsupport and household services. support and household services.58 58 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookDue to the complicated laws in Michigan regarding Due to the complicated laws in Michigan regardingmotorcycle accidents, we suggest that family members motorcycle accidents, we suggest that family memberscontact an experienced motorcycle accident attorney as soon contact an experienced motorcycle accident attorney as soonas possible after an accident to determine what claims they as possible after an accident to determine what claims theymay be entitled to pursue under the law. may be entitled to pursue under the law.How much can I get? How much can I get?The maximum monthly amount payable for survivor loss The maximum monthly amount payable for survivor lossbenefits changes every year. To find out the maximum benefits changes every year. To find out the maximummonthly amount and how much you can receive in benefits, monthly amount and how much you can receive in benefits,please call our office at 1-800-606-1717 or visit our website please call our office at 1-800-606-1717 or visit our websiteat www.BuckfireLaw.com. at www.BuckfireLaw.com.How long can I get it for? How long can I get it for?You are entitled to receive survivor loss benefits for the first You are entitled to receive survivor loss benefits for the firstthree years following the accident. three years following the accident.How do I file my claim? How do I file my claim?The claim must be submitted to the insurance adjuster The claim must be submitted to the insurance adjusterassigned to your claim. assigned to your claim.What type of documentation do I need? What type of documentation do I need?You will be required to submit a copy of the death certificate, You will be required to submit a copy of the death certificate,as well as a copy of the funeral bill. Additionally, you will be as well as a copy of the funeral bill. Additionally, you will berequired to present written proof of the loss of financial required to present written proof of the loss of financialsupport and household services. support and household services.58 58
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for survivor loss benefits as You should submit your claim for survivor loss benefits assoon as possible following the accident, but claims for soon as possible following the accident, but claims forsurvivor loss benefits can be submitted up to within one year survivor loss benefits can be submitted up to within one yearof the date of the accident. of the date of the accident.I STRONGLY RECOMMEND THAT YOU CONSULT I STRONGLY RECOMMEND THAT YOU CONSULTWITH AN ATTORNEY IMMEDIATELY AFTER THE WITH AN ATTORNEY IMMEDIATELY AFTER THEACCIDENT TO REVIEW YOUR CLAIMS FOR ACCIDENT TO REVIEW YOUR CLAIMS FORSURVIVOR LOSS BENEFITS TO MAKE SURE THAT SURVIVOR LOSS BENEFITS TO MAKE SURE THATTHE PROPER DOCUMENTS ARE SUBMITTED AND THE PROPER DOCUMENTS ARE SUBMITTED ANDTHAT YOU ARE CLAIMING EVERYTHING THAT THAT YOU ARE CLAIMING EVERYTHING THATYOU ARE ENTITLED TO RECEIVE UNDER THE LAW YOU ARE ENTITLED TO RECEIVE UNDER THE LAWWhat do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company only recourse is to file a lawsuit against the companydemanding payment for the survivor loss benefits. demanding payment for the survivor loss benefits.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. If 59 59 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersHow much time do I have to file my claim? How much time do I have to file my claim?You should submit your claim for survivor loss benefits as You should submit your claim for survivor loss benefits assoon as possible following the accident, but claims for soon as possible following the accident, but claims forsurvivor loss benefits can be submitted up to within one year survivor loss benefits can be submitted up to within one yearof the date of the accident. of the date of the accident.I STRONGLY RECOMMEND THAT YOU CONSULT I STRONGLY RECOMMEND THAT YOU CONSULTWITH AN ATTORNEY IMMEDIATELY AFTER THE WITH AN ATTORNEY IMMEDIATELY AFTER THEACCIDENT TO REVIEW YOUR CLAIMS FOR ACCIDENT TO REVIEW YOUR CLAIMS FORSURVIVOR LOSS BENEFITS TO MAKE SURE THAT SURVIVOR LOSS BENEFITS TO MAKE SURE THATTHE PROPER DOCUMENTS ARE SUBMITTED AND THE PROPER DOCUMENTS ARE SUBMITTED ANDTHAT YOU ARE CLAIMING EVERYTHING THAT THAT YOU ARE CLAIMING EVERYTHING THATYOU ARE ENTITLED TO RECEIVE UNDER THE LAW YOU ARE ENTITLED TO RECEIVE UNDER THE LAWWhat do I do if the insurance company refuses to pay What do I do if the insurance company refuses to paythese benefits? these benefits?If your insurance company refuses to pay these benefits, your If your insurance company refuses to pay these benefits, youronly recourse is to file a lawsuit against the company only recourse is to file a lawsuit against the companydemanding payment for the survivor loss benefits. demanding payment for the survivor loss benefits.How much time do I have to file my lawsuit? How much time do I have to file my lawsuit?If the claims are presented within one year but are not paid by If the claims are presented within one year but are not paid bythe insurance company within one year of the date of expense the insurance company within one year of the date of expenseor claim, it will be necessary to start a lawsuit within that one or claim, it will be necessary to start a lawsuit within that oneyear period in order to protect your claim. If you choose to year period in order to protect your claim. If you choose tobegin a lawsuit against your insurance company for No-Fault begin a lawsuit against your insurance company for No-Faultbenefits, you must file a lawsuit within ONE YEAR of the date benefits, you must file a lawsuit within ONE YEAR of the dateon which the last unpaid No-Fault benefit was incurred. If on which the last unpaid No-Fault benefit was incurred. If 59 59
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.60 60 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbookyou fail to file your lawsuit within this one year period, you you fail to file your lawsuit within this one year period, youwill lose the right to have the benefit or expense paid. will lose the right to have the benefit or expense paid.If there are any outstanding claims that have not been paid by If there are any outstanding claims that have not been paid bythe insurance company as you are approaching the one year the insurance company as you are approaching the one yearanniversary of your accident, I recommend that you file a anniversary of your accident, I recommend that you file alawsuit prior to the one year anniversary of the accident. lawsuit prior to the one year anniversary of the accident.60 60
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Free Newsletters from Our Law Firm Free Newsletters from Our Law FirmOur law firm publishes a legal newsletter on important legal Our law firm publishes a legal newsletter on important legalmatters that may affect you and your family. The newsletter is very matters that may affect you and your family. The newsletter is veryinteresting and contains topics that are written specifically for our interesting and contains topics that are written specifically for ourclients. It is written in the same easy to understand language as clients. It is written in the same easy to understand language asthis book and it is not the same boring newsletter that you might this book and it is not the same boring newsletter that you mightsee from other law firms. see from other law firms.We publish the newsletter four times a year and will gladly send it We publish the newsletter four times a year and will gladly send itto you for free and without any obligation whatsoever. To to you for free and without any obligation whatsoever. Tosubscribe, simply copy this page and complete the form. You can subscribe, simply copy this page and complete the form. You canfax it to us at 248-569-6737. Also, you can e-mail me at fax it to us at 248-569-6737. Also, you can e-mail me atDaniel@BuckfireLaw.com to request our free newsletters or Daniel@BuckfireLaw.com to request our free newsletters orsubscribe at www.FreeLegalNewsletter.com. subscribe at www.FreeLegalNewsletter.com.We also send out important legal news updates through e-mail We also send out important legal news updates through e-mailseveral times a year. We are also happy to send these to you free several times a year. We are also happy to send these to you freeof charge. If you would like to receive these, please send us an e- of charge. If you would like to receive these, please send us an e-mail to info@buckfirelaw.com and we will include you in all future mail to info@buckfirelaw.com and we will include you in all futurelegal updates. legal updates.We do not share our mailing list or e-mail lists with anyone else. We do not share our mailing list or e-mail lists with anyone else.If you change your mind after you subscribe and no longer wish to If you change your mind after you subscribe and no longer wish toreceive it, just let us know and we will stop sending them to you. receive it, just let us know and we will stop sending them to you.Please give me a free subscription to your firm newsletter. Please give me a free subscription to your firm newsletter.Name:_______________________________________________ Name:_______________________________________________Address:_____________________________________________ Address:__________________________________________________________________________________________________ _____________________________________________________City: ___________________State:________________________ City: ___________________State:________________________Zip:_________________________________________________ Zip:_________________________________________________E-mail Address: _______________________________________ E-mail Address: _______________________________________ 61 61 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers Free Newsletters from Our Law Firm Free Newsletters from Our Law FirmOur law firm publishes a legal newsletter on important legal Our law firm publishes a legal newsletter on important legalmatters that may affect you and your family. The newsletter is very matters that may affect you and your family. The newsletter is veryinteresting and contains topics that are written specifically for our interesting and contains topics that are written specifically for ourclients. It is written in the same easy to understand language as clients. It is written in the same easy to understand language asthis book and it is not the same boring newsletter that you might this book and it is not the same boring newsletter that you mightsee from other law firms. see from other law firms.We publish the newsletter four times a year and will gladly send it We publish the newsletter four times a year and will gladly send itto you for free and without any obligation whatsoever. To to you for free and without any obligation whatsoever. Tosubscribe, simply copy this page and complete the form. You can subscribe, simply copy this page and complete the form. You canfax it to us at 248-569-6737. Also, you can e-mail me at fax it to us at 248-569-6737. Also, you can e-mail me atDaniel@BuckfireLaw.com to request our free newsletters or Daniel@BuckfireLaw.com to request our free newsletters orsubscribe at www.FreeLegalNewsletter.com. subscribe at www.FreeLegalNewsletter.com.We also send out important legal news updates through e-mail We also send out important legal news updates through e-mailseveral times a year. We are also happy to send these to you free several times a year. We are also happy to send these to you freeof charge. If you would like to receive these, please send us an e- of charge. If you would like to receive these, please send us an e-mail to info@buckfirelaw.com and we will include you in all future mail to info@buckfirelaw.com and we will include you in all futurelegal updates. legal updates.We do not share our mailing list or e-mail lists with anyone else. We do not share our mailing list or e-mail lists with anyone else.If you change your mind after you subscribe and no longer wish to If you change your mind after you subscribe and no longer wish toreceive it, just let us know and we will stop sending them to you. receive it, just let us know and we will stop sending them to you.Please give me a free subscription to your firm newsletter. Please give me a free subscription to your firm newsletter.Name:_______________________________________________ Name:_______________________________________________Address:_____________________________________________ Address:__________________________________________________________________________________________________ _____________________________________________________City: ___________________State:________________________ City: ___________________State:________________________Zip:_________________________________________________ Zip:_________________________________________________E-mail Address: _______________________________________ E-mail Address: _______________________________________ 61 61
    • The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookTen Secrets That Your Insurance Company Ten Secrets That Your Insurance Company Will Not Tell You About Your No-Fault Will Not Tell You About Your No-Fault Benefits BenefitsWe have written a Free Report that tells you important secrets We have written a Free Report that tells you important secretsthat your auto insurance company will not tell you about your that your auto insurance company will not tell you about yourbenefits. Not knowing these secrets can cost you many benefits. Not knowing these secrets can cost you manythousands of dollars in benefits. thousands of dollars in benefits.We will gladly send you this Free Report if you ask for it. We will gladly send you this Free Report if you ask for it.Simply copy this page and fax it to us at 248-569-6737. Also, Simply copy this page and fax it to us at 248-569-6737. Also,you can e-mail me at Daniel@BuckfireLaw.com to request you can e-mail me at Daniel@BuckfireLaw.com to requestthis Free Report. this Free Report.We do not share our mailing list or e-mail lists with anyone else. We do not share our mailing list or e-mail lists with anyone else.Please send me the Top Ten Secrets That Your Insurance Please send me the Top Ten Secrets That Your InsuranceCompany Will Not Tell You About Your No-Fault Company Will Not Tell You About Your No-FaultBenefits. Benefits.Name:___________________________________________ Name:___________________________________________Address:_________________________________________ Address:_________________________________________________________________________________________ ________________________________________________City: _____________________State:__________________ City: _____________________State:__________________Zip:_______________________ Zip:_______________________E-mail Address: ___________________________________ E-mail Address: ___________________________________62 62 The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident HandbookTen Secrets That Your Insurance Company Ten Secrets That Your Insurance Company Will Not Tell You About Your No-Fault Will Not Tell You About Your No-Fault Benefits BenefitsWe have written a Free Report that tells you important secrets We have written a Free Report that tells you important secretsthat your auto insurance company will not tell you about your that your auto insurance company will not tell you about yourbenefits. Not knowing these secrets can cost you many benefits. Not knowing these secrets can cost you manythousands of dollars in benefits. thousands of dollars in benefits.We will gladly send you this Free Report if you ask for it. We will gladly send you this Free Report if you ask for it.Simply copy this page and fax it to us at 248-569-6737. Also, Simply copy this page and fax it to us at 248-569-6737. Also,you can e-mail me at Daniel@BuckfireLaw.com to request you can e-mail me at Daniel@BuckfireLaw.com to requestthis Free Report. this Free Report.We do not share our mailing list or e-mail lists with anyone else. We do not share our mailing list or e-mail lists with anyone else.Please send me the Top Ten Secrets That Your Insurance Please send me the Top Ten Secrets That Your InsuranceCompany Will Not Tell You About Your No-Fault Company Will Not Tell You About Your No-FaultBenefits. Benefits.Name:___________________________________________ Name:___________________________________________Address:_________________________________________ Address:_________________________________________________________________________________________ ________________________________________________City: _____________________State:__________________ City: _____________________State:__________________Zip:_______________________ Zip:_______________________E-mail Address: ___________________________________ E-mail Address: ___________________________________62 62
    • A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersThe Michigan Motorcycle Insurance Report The Michigan Motorcycle Insurance Report90% of bikers purchase the wrong motorcycle insurance. Are you 90% of bikers purchase the wrong motorcycle insurance. Are youone of them? one of them? Warning: Read This Report Before You Take Your Warning: Read This Report Before You Take Your Motorcycle on Michigan Streets and Highways Motorcycle on Michigan Streets and HighwaysOur FREE Report written by Michigan motorcycle accident lawyer Our FREE Report written by Michigan motorcycle accident lawyerDaniel L. Buckfire explains the need to purchase the proper types of Daniel L. Buckfire explains the need to purchase the proper types ofmotorcycle insurance and why you must have them. Our 8 page report motorcycle insurance and why you must have them. Our 8 page reportreveals: reveals:• Why asking your agent for “Full Coverage” is not enough • Why asking your agent for “Full Coverage” is not enough• Why you must buy PL/PD coverage • Why you must buy PL/PD coverage• Why you should buy Medical Payment Coverage • Why you should buy Medical Payment Coverage• Why you must buy Uninsured Motorists Coverage • Why you must buy Uninsured Motorists Coverage• Why you must buy Underinsured Motorists Coverage • Why you must buy Underinsured Motorists Coverage• How buying the wrong coverage cost our client $500,000.00 • How buying the wrong coverage cost our client $500,000.00We will gladly send you this FREE Report if you ask for it. Simply copy We will gladly send you this FREE Report if you ask for it. Simply copythis page and fax it to us at (248) 569-6737. Also you can request it by this page and fax it to us at (248) 569-6737. Also you can request it bycompleting the request form located at www.FreeMotorcycleReport.com. completing the request form located at www.FreeMotorcycleReport.com.We do not share our mailing list or e-mail lists with anyone else. We do not share our mailing list or e-mail lists with anyone else.Please send me The Michigan Motorcycle Insurance Report for free. Please send me The Michigan Motorcycle Insurance Report for free.Name:_____________________________________________________ Name:_____________________________________________________Address:___________________________________________________ Address:_____________________________________________________________________________________________________________ __________________________________________________________City: _______________________________State:__________________ City: _______________________________State:__________________Zip:_______________________________________________________ Zip:_______________________________________________________E-mail Address: _____________________________________________ E-mail Address: _____________________________________________ 63 63 A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured BikersThe Michigan Motorcycle Insurance Report The Michigan Motorcycle Insurance Report90% of bikers purchase the wrong motorcycle insurance. Are you 90% of bikers purchase the wrong motorcycle insurance. Are youone of them? one of them? Warning: Read This Report Before You Take Your Warning: Read This Report Before You Take Your Motorcycle on Michigan Streets and Highways Motorcycle on Michigan Streets and HighwaysOur FREE Report written by Michigan motorcycle accident lawyer Our FREE Report written by Michigan motorcycle accident lawyerDaniel L. Buckfire explains the need to purchase the proper types of Daniel L. Buckfire explains the need to purchase the proper types ofmotorcycle insurance and why you must have them. Our 8 page report motorcycle insurance and why you must have them. Our 8 page reportreveals: reveals:• Why asking your agent for “Full Coverage” is not enough • Why asking your agent for “Full Coverage” is not enough• Why you must buy PL/PD coverage • Why you must buy PL/PD coverage• Why you should buy Medical Payment Coverage • Why you should buy Medical Payment Coverage• Why you must buy Uninsured Motorists Coverage • Why you must buy Uninsured Motorists Coverage• Why you must buy Underinsured Motorists Coverage • Why you must buy Underinsured Motorists Coverage• How buying the wrong coverage cost our client $500,000.00 • How buying the wrong coverage cost our client $500,000.00We will gladly send you this FREE Report if you ask for it. Simply copy We will gladly send you this FREE Report if you ask for it. Simply copythis page and fax it to us at (248) 569-6737. Also you can request it by this page and fax it to us at (248) 569-6737. Also you can request it bycompleting the request form located at www.FreeMotorcycleReport.com. completing the request form located at www.FreeMotorcycleReport.com.We do not share our mailing list or e-mail lists with anyone else. We do not share our mailing list or e-mail lists with anyone else.Please send me The Michigan Motorcycle Insurance Report for free. Please send me The Michigan Motorcycle Insurance Report for free.Name:_____________________________________________________ Name:_____________________________________________________Address:___________________________________________________ Address:_____________________________________________________________________________________________________________ __________________________________________________________City: _______________________________State:__________________ City: _______________________________State:__________________Zip:_______________________________________________________ Zip:_______________________________________________________E-mail Address: _____________________________________________ E-mail Address: _____________________________________________ 63 63