No Fault Claims

No-fault benefits are generally available to Michigan motorcycle accident victims. These are benefits for economic issues. No-Fault benefits for those injured in motorcycle accidents are designed to provide medical benefits, wage loss, attendant care and replacement services to those injured in a motorcycle accident. No-fault benefits allow for the economic survival of the seriously injured. Michigan law only allows one year to establish a proper claim for these benefits and to secure necessary payments.

Determining the proper insurance company responsible for paying No-fault benefits to a Michigan motorcycle accident victim can be complicated. An over simplified list of priorities is as follows:

1st Priority – is to the insurer of the owner of the motor vehicle involved in the Michigan motorcycle accident, if none then…

2nd Priority – is to the insurer of the operator of the motor vehicle involved in the Michigan motorcycle accident, if none then…

3rd Priority – is to the motor vehicle insurer of the operator of the motorcycle involved in the Michigan motorcycle accident, if none then …

4th Priority – is to the motor vehicle insurer of the owner of the motorcycle involved in the Michigan motorcycle accident, if none then …

5th Priority – is to the Assigned Claims Facility

Third Party Claims

The most obvious claim available to those seriously injured in a Michigan motorcycle accident is that arising from the negligence of the at-fault car or truck in the collision. Most Michigan motorcycle accidents are the fault of negligently driven automobiles.

Michigan law requires that a lawsuit against an at-fault driver/owner in a car or motorcycle collision be filed within 3 years of the date of the Michigan motorcycle accident. In Michigan, such a claim would be for non-economic damages such as pain and suffering if the injured individual’s injury results in a “serious impairment of an important body function” that affects that person’s ability to lead his/her normal life.

The Michigan law permits you to make a claim against the at-fault driver for these “human losses” (or non-economic losses) under limited circumstances. First, you must have been seriously injured. The law defines serious injury as “death” or the “serious impairment of an important body function” that affects a person’s “ability to lead his/her normal life” or “permanent serious disfigurement”. Second, i t is necessary for the injured party to demonstrate that the person being sued was “negligent” as defined by Michigan law. Finally, the injured party cannot be more than fifty percent (50%) at fault in the accident.

The extent of the physical limitations caused by your injury and the duration you will suffer with these limitations are important factors in deciding if your injury qualifies as a “serious impairment of a body function” under the No-fault statute. This is a complex determination that looks at how an injured person’s life has changed as result of the injuries from a crash. The extent to which the physical limitations have affected your life should be documented by your health care providers through written medical restrictions. The law in this area is constantly changing.

If you have suffered “serious injuries” and another person is 50% or more at fault in the crash, you should seek the help of an attorney experienced in Michigan No-fault law. This is the only way to make sure your rights will be protected. The Law Offices of Richard J. Stolcenberg has been protecting the rights of people who have been seriously injured or died in motorcycle and auto crashes and their families for more than twenty years.

Michigan Motorcycle Accident Law

500.3103 Owner or registrant of motorcycle; security required; offering security for payment of first-party medical benefits; rates, deductibles, and provisions.

Sec. 3103.

• An owner or registrant of a motorcycle shall provide security against loss resulting from liability imposed by law for property damage, bodily injury, or death suffered by a person arising out of the ownership, maintenance, or use of that motorcycle. The security shall conform with the requirements of section 3009(1).
• Each insurer transacting insurance in this state which affords coverage for a motorcycle as described in subsection (1) also shall offer, to an owner or registrant of a motorcycle, security for the payment of first-party medical benefits only, in increments of $5,000.00, payable in the event the owner or registrant is involved in a motorcycle accident. An insurer providing first-party medical benefits may offer, at appropriate premium rates, deductibles, provisions for the coordination of these benefits, and provisions for the subtraction of other benefits provided or required to be provided under the laws of any state or the federal government, subject to the prior approval of the commissioner. These deductibles and provisions shall apply only to benefits payable to the person named in the policy, the spouse of the insured, and any relative of either domiciled in the same household.

History: Add. 1975, Act 329, Eff. Mar. 31, 1976 ;--Am. 1977, Act 54, Imd. Eff. July 6, 1977 ;--Am. 1980, Act 445, Eff. Jan. 15, 1981 ;--Am. 1986, Act 173, Imd. Eff. July 7, 1986 .

Constitutionality: The legislative scheme which allows motorcyclists to receive no-fault benefits for personal injuries without requiring them to maintain no-fault security does not deny automobile drivers equal protection or due process of law. Underhill v. Safeco Insurance Company, 407 Mich. 175, 284 N.W.2d 463 (1979).

A. 3103(1); Mandatory Liability Insurance for Motorcycles

• Owner or registrant of motorcycle must maintain liability coverage of $20,000/$40,000. See McCallum v. National Ben Franklin.
• Off road recreational vehicles (ATV/ORV) not required to maintain motorcycle insurance. See Nelson v. Transamerica.
• Only title holder is deemed owner of a motorcycle. See Auto Owners v. Hoadley.

B. 3103(2); Optional No-Fault Insurance for Motorcycles

• Amended by 1980 PA 445 (eff. May 1, 1981)
• Must be offered to anyone purchasing motorcycle liability coverage.
• Provides no-fault medical benefits, only.
• Medical expenses covered up to $5,000.00.
• Appears to apply only to injured registrant or owner of motorcycle (or his spouse and resident relatives), not other passengers or third persons struck by motorcycle. See priority provision under 3114(1). See Lamotte v. Millers National Insurance Co.
• Applies only to motorcycle accidents as defined in MCL 500.3101(2)(c).

Events resulting from a Michigan motorcycle accident are often the subject of litigation. To protect your legal rights following a Michigan motorcycle accident resulting in injuries, it is generally wise to consult a Michigan motorcycle accident attorney who is experienced in such matters.

In Michigan, an experienced attorney will help "level the playing field" by providing motorcycle accident victims with information regarding the practical and legal aspects of Michigan personal injury law. The Law Offices of Richard J. Stolcenberg has been protecting the rights of individuals who have been seriously injured or died in motorcycle and auto crashes and their families for more than twenty years.

For review of your claim, please contact us at (616) 532-1666.