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.

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The Ultimate Michigan Motorcycle Accident Handbook

  1. 1. 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
  2. 2. 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
  3. 3. 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
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. 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
  8. 8. 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
  9. 9. 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
  10. 10. 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
  11. 11. 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
  12. 12. 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
  13. 13. 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
  14. 14. 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
  15. 15. 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
  16. 16. 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
  17. 17. 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

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