- May 23, 2016
- Motorcycle Accidents
- No Fault
- Personal Injury
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 your case. Get started today when you call (248) 286-8100.