Last Updated on August 10, 2024 by Asfa Rasheed
Laws that apply to vehicle or truck accidents differ slightly from those of motorcycle accidents. According to the Michigan No-Fault Act, a motorbike is not considered a “motor vehicle”. This can often make the laws challenging to comprehend, which is just one of the many reasons it is crucial to have an experienced attorney at your side in court.
Motorcycle accidents can be catastrophic, resulting in severe injuries and even death. If you or a loved one has been involved in a motorcycle accident in Michigan, it’s important to understand the different types of motorcycle accident claims that you can make. This knowledge will help you protect your rights and receive the compensation you deserve. You can learn more about motorcycle accident types and the rules that apply to them by reading the information below.
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First-party motorcycle accident claims
It is between you and your insurance provider that you file a first-party claim, No-Fault claim, or personal injury protection (PIP) claim. This kind of claim would be made if the at-fault person lacked insurance or the collision didn’t involve any other vehicles.
The benefits include:
- Medical costs associated with the auto accident,
- Loss of wages for the first three years after the injury,
- Services that substitute household labor (errands, child care),
- Travel expenses to and from doctor’s appointments
- Nurse-related services are often known as attendant care.
A first-party claim has a one-year statute of limitations from the date of the motorcycle accident. Seek a motorcycle accident attorney immediately if you’ve been in a motorcycle accident in Michigan.
The Michigan No-Fault statute does not consider a motorbike a “motor vehicle,” so if a rider loses control and has an accident (falls or hits a tree), they are not eligible for No-Fault payments. If the rider included motorcycle personal injury protection (PIP) coverage in their insurance policy, they might be eligible for separate PIP benefits.
Third-party motorcycle accident lawsuit
A third-party claim is a lawsuit brought in Michigan against the driver who was at fault for the motorcycle accident. Following a motorbike accident, excess economic benefits and pain and suffering damages are recoverable in a third-party claim. The three-year window following the motorcycle accident is the statute of limitations for third-party claims.
A negligence tort claim is a legal action in this case. This occurs when the defendant did not mean to hurt the plaintiff but did so because of an unreasonable act (such as running a red light). It is not enough for the accuser to have been harmed by the defendant’s negligence to establish a valid claim. Additionally, the plaintiff must demonstrate how the defending party’s negligence caused damages.
The owner or registrant of a motorbike involved in a motorcycle crash may not be eligible for No-Fault compensation under Michigan No-Fault law if he has legal title to the motorcycle but does not have motorcycle insurance.
Motorcycle roadway defect claims in Michigan
Motorcycle riders have the right to file a claim directly with the local government or the state of Michigan when a road defect results in an accident. The intent to suit must be made within 120 days for the local municipality and within six months for the state of Michigan. To prove these claims, you must show that the party at fault knew about the problematic road or ought to have known about it.
- Motorcycle accidents can also result in property damage. If your motorcycle was damaged in the accident, you can file a property damage claim to cover the cost of repairs or replacement. In conclusion, understanding the different types of motorcycle accident claims in Michigan can help you protect your rights and receive the compensation you deserve. If you have been involved in a motorcycle accident, it’s important to consult with an experienced personal injury attorney who can guide you through the claims process and help you recover the maximum amount of compensation possible.
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