Motorcycle Accident Claims - Michigan No-Fault Law Basics

Video: Attorney Mark Bernstein talks about protecting yourself if you are injured in a Michigan motorcycle accident

Third Party Claims for Michigan Motorcycle Accident Victims

The most important legal claim that may be available to an individual who is seriously injured in a Michigan motorcycle accident is a Third Party lawsuit against the driver whose negligence caused the collision. Under Michigan law, you must file this legal action within 3 years of the date of the Michigan motorcycle accident. Your claim would include damages for non-economic loss, including your pain and suffering.

First Party Claims for Michigan Motorcycle Accident Victims

The victim of a Michigan motorcycle accident also may have a First Party claim for No-Fault benefits that cover economic damages, including medical costs, wage loss, attendant care, and replacement services. However, an individual who held legal title to the motorcycle on which he or she was injured, and did not carry the basic liability insurance required by Michigan law, cannot get First Party Benefits.

These No-Fault First-Party benefits may be crucial to the economic survival of the injured motorcyclist. Michigan law requires the victim to claim these benefits within one year.

To make a proper claim, you first must determine which insurance company is responsible for paying your Michigan No-Fault benefits. An experience Michigan motorcycle accident attorney can help you through this process, which based on the following legal guidelines:

No-Fault Benefits - Order of Priority for Michigan Motorcycle Accident Victims

1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...
2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then...
3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then...
4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then...
5th priority is to the Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Assigned Claims Facility is the State Agency with the power to assign an insurance company to provide benefits to an injured victim who is not eligible for other No-Fault insurance coverage. To get an application for these Benefits, you can contact the Assigned Claims Facility directly at 517-322-1875.

Road Defect Claims for Michigan Motorcycle Accident Victims

Some Michigan motorcycle accidents are not caused by negligent motorists, but instead result from a roadway defect, due to faulty repair of the pavement.

In some cases, an injured motorcyclist can make a claim against the state, county, or local government agency responsible for repairing the roadway. These cases involve complicated legal and factual issues. In addition, the time to file these claims is much less than the time for pursing other legal actions.

You need an experienced attorney to handle these complex requirements properly. If you believe that you may have a road defect claim, contact our office immediately.

If you or a loved one was injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer. Please submit a simple, free, and confidential legal consultation form about your Michigan motorcycle accident claim now.

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