Michigan has unique and sometimes complex vehicle insurance laws which
place certain restrictions on personal injury lawsuits. Michigan has a
no-fault state, which means that no matter who is at fault for an accident,
a motorist’s own insurance will, in theory, pay for any damages.
Lawsuits can typically be filed after an accident when it results in serious
injury, disfigurement, or death.
Motorcyclists, however, do not have the option to buy no-fault insurance
on their motorcycle. They are required to carry liability insurance and
can opt in for "optional" medical pay coverage through their
insurance company. This "optional" medical pay coverage is key
for a motorcyclist who wants to collect no-fault benefits after an accident.
Unfortunately, many insurance adjusters will not tell you about this very
important coverage. At Goodman Acker P.C., we recommend that all motorcyclists
look at their insurance policy and discuss this coverage with their insurance adjuster.
When a motorcyclist is injured in an accident with another vehicle, they
may be entitled to benefits from the insurance company of the at-fault
driver. This means that the motorcyclist will typically not be able to
sue the other driver unless the accident results in severe injury, permanent
disfigurement, or death. The injury must be severe enough to significantly
alter the motorcyclist’s ability to live a normal life. Defining
“severe injury” and “normal life” can be subjective,
which is why it is crucial to involve an experienced motorcycle accident
lawyer who can analyze your specific case and fight for maximum compensation.
A motorcyclist may recover the following types of compensation through
another driver’s no-fault insurance policy:
- Lost wages (up to 85% of what would have been earned for up to three years)
- Up to $20 per day in replacement services
- Medical benefits (unlimited)
If, a motorcyclist experiences damages exceeding these limits, they may
be able to seek additional compensation in a lawsuit. However, there are
two exceptions. One is if the motorcyclist did not have the minimum amount
of insurance required by the state at the time of the accident. The other
is if the motorcyclist is found to be more than 50 percent at fault for
an accident. The motorcyclist can still recover damages for negligence
if they are partially at fault, but not if the court apportions most of
the blame to them.
If you are seeking a
motorcycle accident attorney in Detroit, please contact Goodman Acker P.C. With a 99 percent success
rate and decades of experience, we know what it takes to bring our clients
the compensation they need after an accident.
Initial consultations are free of charge and there is no cost for our services unless we win
Get started today when you call (248) 793-2010.