The Ultimate Michigan Motorcycle Accident Handbook

The Ultimate Michigan The Ultimate Michigan
Motorcycle Accident Motorcycle Accident
Handbook Handbook
A Practical Guide to Understanding A Practical Guide to Understanding
the Legal Rights of Injured Bikers the Legal Rights of Injured Bikers

Michigan Accident Attorney Michigan Accident Attorney
Daniel L. Buckfire Daniel L. Buckfire

The Ultimate Michigan The Ultimate Michigan
Motorcycle Accident Motorcycle Accident
Handbook Handbook
A Practical Guide to Understanding A Practical Guide to Understanding
the Legal Rights of Injured Bikers the Legal Rights of Injured Bikers

Michigan Accident Attorney Michigan Accident Attorney
Daniel L. Buckfire Daniel L. Buckfire

Copyright © 2009 by Daniel L. Buckfire Copyright © 2009 by Daniel L. Buckfire

All rights reserved. No part of this book may be used or All rights reserved. No part of this book may be used or
reproduced in any manner whatsoever without written permission reproduced in any manner whatsoever without written permission
of the author. of the author.

Printed in the United States of America. Printed in the United States of America.

ISBN: 978-1-59571-354-4 ISBN: 978-1-59571-354-4

Word Association Publishers Word Association Publishers
205 5th Avenue 205 5th Avenue
Tarentum, PA 15084 Tarentum, PA 15084
www.wordassociation.com www.wordassociation.com

Copyright © 2009 by Daniel L. Buckfire Copyright © 2009 by Daniel L. Buckfire

All rights reserved. No part of this book may be used or All rights reserved. No part of this book may be used or
reproduced in any manner whatsoever without written permission reproduced in any manner whatsoever without written permission
of the author. of the author.

Printed in the United States of America. Printed in the United States of America.

ISBN: 978-1-59571-354-4 ISBN: 978-1-59571-354-4

Word Association Publishers Word Association Publishers
205 5th Avenue 205 5th Avenue
Tarentum, PA 15084 Tarentum, PA 15084
www.wordassociation.com www.wordassociation.com

CONTENTS CONTENTS

Forward – Who I am, and Why I Wrote This Book iv Forward – Who I am, and Why I Wrote This Book iv
Legal Advice vi Legal Advice vi
Choosing the Right Lawyer for Your Case 1 Choosing the Right Lawyer for Your Case 1
Legal Requirements for Owning and Operating a Motorcycle 3 Legal Requirements for Owning and Operating a Motorcycle 3
What Does the Phrase “No-Fault” Mean, Anyway? 6 What Does the Phrase “No-Fault” Mean, Anyway? 6
Motorcycle Repairs and Damage Claims 8 Motorcycle Repairs and Damage Claims 8
Being Compensated for Your Personal Injuries 11 Being Compensated for Your Personal Injuries 11
No-Fault Insurance Benefits 18 No-Fault Insurance Benefits 18

Types of Benefits Types of Benefits
Wage and Income Loss 26 Wage and Income Loss 26
Medical Bills, Prescription Costs, and Other Expenses 31 Medical Bills, Prescription Costs, and Other Expenses 31
In-Home Nursing Care / Attendant Care 36 In-Home Nursing Care / Attendant Care 36
Household Chores / Replacement Services 40 Household Chores / Replacement Services 40
Case Management Services 43 Case Management Services 43
Home Modifications and Accommodations 47 Home Modifications and Accommodations 47
Medical Mileage 51 Medical Mileage 51
Special Transportation 54 Special Transportation 54
Survivor’s Loss Benefits 57 Survivor’s Loss Benefits 57

Free Newsletter Form 61 Free Newsletter Form 61
10 Secrets that Your Insurance Company Will Not Tell You 62 10 Secrets that Your Insurance Company Will Not Tell You 62
Free Motorcycle Insurance Report 63 Free Motorcycle Insurance Report 63

iii iii

CONTENTS CONTENTS

Forward – Who I am, and Why I Wrote This Book iv Forward – Who I am, and Why I Wrote This Book iv
Legal Advice vi Legal Advice vi
Choosing the Right Lawyer for Your Case 1 Choosing the Right Lawyer for Your Case 1
Legal Requirements for Owning and Operating a Motorcycle 3 Legal Requirements for Owning and Operating a Motorcycle 3
What Does the Phrase “No-Fault” Mean, Anyway? 6 What Does the Phrase “No-Fault” Mean, Anyway? 6
Motorcycle Repairs and Damage Claims 8 Motorcycle Repairs and Damage Claims 8
Being Compensated for Your Personal Injuries 11 Being Compensated for Your Personal Injuries 11
No-Fault Insurance Benefits 18 No-Fault Insurance Benefits 18

Types of Benefits Types of Benefits
Wage and Income Loss 26 Wage and Income Loss 26
Medical Bills, Prescription Costs, and Other Expenses 31 Medical Bills, Prescription Costs, and Other Expenses 31
In-Home Nursing Care / Attendant Care 36 In-Home Nursing Care / Attendant Care 36
Household Chores / Replacement Services 40 Household Chores / Replacement Services 40
Case Management Services 43 Case Management Services 43
Home Modifications and Accommodations 47 Home Modifications and Accommodations 47
Medical Mileage 51 Medical Mileage 51
Special Transportation 54 Special Transportation 54
Survivor’s Loss Benefits 57 Survivor’s Loss Benefits 57

Free Newsletter Form 61 Free Newsletter Form 61
10 Secrets that Your Insurance Company Will Not Tell You 62 10 Secrets that Your Insurance Company Will Not Tell You 62
Free Motorcycle Insurance Report 63 Free Motorcycle Insurance Report 63

iii iii

The Ultimate Michigan Motorcycle Accident Handbook The Ultimate Michigan Motorcycle Accident Handbook

Who I am and Why I Wrote This Book Who I am and Why I Wrote This Book

I am attorney Daniel L. Buckfire and am a partner at the law I am attorney Daniel L. Buckfire and am a partner at the law
firm of Buckfire & Buckfire, P.C. I have an undergraduate firm of Buckfire & Buckfire, P.C. I have an undergraduate
degree in accounting from the University of Michigan degree in accounting from the University of Michigan
Business School and a law degree from the University of Business School and a law degree from the University of
Michigan Law School. Michigan Law School.

I am not a biker. If you are looking for a biker/lawyer, I am I am not a biker. If you are looking for a biker/lawyer, I am
not the attorney for your case. Of course, if you were looking not the attorney for your case. Of course, if you were looking
for the best surgeon to operate on your brain, I sincerely for the best surgeon to operate on your brain, I sincerely
doubt that you would insist on having a biker/surgeon. doubt that you would insist on having a biker/surgeon.

If you are looking for a lawyer with integrity who possesses If you are looking for a lawyer with integrity who possesses
significant knowledge of the complex insurance and liability significant knowledge of the complex insurance and liability
laws relating to motorcycle accidents, you should seriously laws relating to motorcycle accidents, you should seriously
consider hiring me for your case. I work with the finest consider hiring me for your case. I work with the finest
motorcycle accident reconstruction experts, highway motorcycle accident reconstruction experts, highway
engineers, and motorcycle safety experts in the United States engineers, and motorcycle safety experts in the United States
on my cases. I have achieved excellent results for my clients on my cases. I have achieved excellent results for my clients
injured in motorcycle accidents and believe that I can do the injured in motorcycle accidents and believe that I can do the
same for you. same for you.

I wrote this book to help you understand your legal rights if I wrote this book to help you understand your legal rights if
you were injured in a motorcycle accident. The insurance you were injured in a motorcycle accident. The insurance
laws in Michigan that apply to motorcycle accidents are very laws in Michigan that apply to motorcycle accidents are very
complicated and change on almost a daily basis. This book complicated and change on almost a daily basis. This book
was written to make these laws easy to understand for was written to make these laws easy to understand for
someone who is not a lawyer or judge. someone who is not a lawyer or judge.

iv iv


Who I am and Why I Wrote This Book Who I am and Why I Wrote This Book

I am attorney Daniel L. Buckfire and am a partner at the law I am attorney Daniel L. Buckfire and am a partner at the law
firm of Buckfire & Buckfire, P.C. I have an undergraduate firm of Buckfire & Buckfire, P.C. I have an undergraduate
degree in accounting from the University of Michigan degree in accounting from the University of Michigan
Business School and a law degree from the University of Business School and a law degree from the University of
Michigan Law School. Michigan Law School.

I am not a biker. If you are looking for a biker/lawyer, I am I am not a biker. If you are looking for a biker/lawyer, I am
not the attorney for your case. Of course, if you were looking not the attorney for your case. Of course, if you were looking
for the best surgeon to operate on your brain, I sincerely for the best surgeon to operate on your brain, I sincerely
doubt that you would insist on having a biker/surgeon. doubt that you would insist on having a biker/surgeon.

If you are looking for a lawyer with integrity who possesses If you are looking for a lawyer with integrity who possesses
significant knowledge of the complex insurance and liability significant knowledge of the complex insurance and liability
laws relating to motorcycle accidents, you should seriously laws relating to motorcycle accidents, you should seriously
consider hiring me for your case. I work with the finest consider hiring me for your case. I work with the finest
motorcycle accident reconstruction experts, highway motorcycle accident reconstruction experts, highway
engineers, and motorcycle safety experts in the United States engineers, and motorcycle safety experts in the United States
on my cases. I have achieved excellent results for my clients on my cases. I have achieved excellent results for my clients
injured in motorcycle accidents and believe that I can do the injured in motorcycle accidents and believe that I can do the
same for you. same for you.

I wrote this book to help you understand your legal rights if I wrote this book to help you understand your legal rights if
you were injured in a motorcycle accident. The insurance you were injured in a motorcycle accident. The insurance
laws in Michigan that apply to motorcycle accidents are very laws in Michigan that apply to motorcycle accidents are very
complicated and change on almost a daily basis. This book complicated and change on almost a daily basis. This book
was written to make these laws easy to understand for was written to make these laws easy to understand for
someone who is not a lawyer or judge. someone who is not a lawyer or judge.

iv iv

A Practical Guide to Understanding the Legal Rights of Injured Bikers A Practical Guide to Understanding the Legal Rights of Injured Bikers

This book may not answer all of your questions and simply This book may not answer all of your questions and simply
cannot cover every aspect of the Michigan No-Fault and cannot cover every aspect of the Michigan No-Fault and
motorcycle insurance law. I am very proud to say that I have motorcycle insurance law. I am very proud to say that I have
helped hundreds of injured clients, just like you, with their helped hundreds of injured clients, just like you, with their
cases in the last sixteen years. To learn more about my record cases in the last sixteen years. To learn more about my record
of success, please visit my firm web site for some examples of success, please visit my firm web site for some examples
of the great settlements and jury verdicts that I have obtained of the great settlements and jury verdicts that I have obtained
for my clients. for my clients.

I always look forward to sharing my expertise with new I always look forward to sharing my expertise with new
clients and gladly speak with all persons who call my office. clients and gladly speak with all persons who call my office.
If you know someone else who would benefit from this book, If you know someone else who would benefit from this book,
please have them call me and I will send them a copy free of please have them call me and I will send them a copy free of
charge. charge.

Daniel L. Buckfire, Attorney at Law Daniel L. Buckfire, Attorney at Law
daniel@buckfirelaw.com daniel@buckfirelaw.com
Specializing in Motorcylce Accident and Insurance Claims Specializing in Motorcylce Accident and Insurance Claims
www.BuckfireLaw.com www.BuckfireLaw.com
Toll-Free: (800) 606-1717 Toll-Free: (800) 606-1717

v v


This book may not answer all of your questions and simply This book may not answer all of your questions and simply
cannot cover every aspect of the Michigan No-Fault and cannot cover every aspect of the Michigan No-Fault and
motorcycle insurance law. I am very proud to say that I have motorcycle insurance law. I am very proud to say that I have
helped hundreds of injured clients, just like you, with their helped hundreds of injured clients, just like you, with their
cases in the last sixteen years. To learn more about my record cases in the last sixteen years. To learn more about my record
of success, please visit my firm web site for some examples of success, please visit my firm web site for some examples
of the great settlements and jury verdicts that I have obtained of the great settlements and jury verdicts that I have obtained
for my clients. for my clients.

I always look forward to sharing my expertise with new I always look forward to sharing my expertise with new
clients and gladly speak with all persons who call my office. clients and gladly speak with all persons who call my office.
If you know someone else who would benefit from this book, If you know someone else who would benefit from this book,
please have them call me and I will send them a copy free of please have them call me and I will send them a copy free of
charge. charge.

Daniel L. Buckfire, Attorney at Law Daniel L. Buckfire, Attorney at Law
daniel@buckfirelaw.com daniel@buckfirelaw.com
Specializing in Motorcylce Accident and Insurance Claims Specializing in Motorcylce Accident and Insurance Claims
www.BuckfireLaw.com www.BuckfireLaw.com
Toll-Free: (800) 606-1717 Toll-Free: (800) 606-1717

v v


Legal Advice Legal Advice

I am not allowed to give legal advice in this book and you I am not allowed to give legal advice in this book and you
should not take the information in the book as legal advice. should not take the information in the book as legal advice.
It is intended to be informative and to provide you and your It is intended to be informative and to provide you and your
family with a basic understanding of your rights. If you hire family with a basic understanding of your rights. If you hire
my firm to represent you or a family member for a case, I my firm to represent you or a family member for a case, I
will fully explain to you your legal rights under Michigan will fully explain to you your legal rights under Michigan
law and assist you in filing your claims. If you have already law and assist you in filing your claims. If you have already
hired a lawyer before reading this book, you should contact hired a lawyer before reading this book, you should contact
your lawyer with specific questions about your rights and your lawyer with specific questions about your rights and
benefits. benefits.

vi vi


Legal Advice Legal Advice

I am not allowed to give legal advice in this book and you I am not allowed to give legal advice in this book and you
should not take the information in the book as legal advice. should not take the information in the book as legal advice.
It is intended to be informative and to provide you and your It is intended to be informative and to provide you and your
family with a basic understanding of your rights. If you hire family with a basic understanding of your rights. If you hire
my firm to represent you or a family member for a case, I my firm to represent you or a family member for a case, I
will fully explain to you your legal rights under Michigan will fully explain to you your legal rights under Michigan
law and assist you in filing your claims. If you have already law and assist you in filing your claims. If you have already
hired a lawyer before reading this book, you should contact hired a lawyer before reading this book, you should contact
your lawyer with specific questions about your rights and your lawyer with specific questions about your rights and
benefits. benefits.

vi vi


Choosing The Right Lawyer For Your Case Choosing The Right Lawyer For Your Case

Do all lawyers in Michigan know how to handle Do all lawyers in Michigan know how to handle
motorcycle accident and injury cases? motorcycle accident and injury cases?

No. The insurance laws in Michigan regarding motorcycle No. The insurance laws in Michigan regarding motorcycle
accidents and auto accidents are very confusing and change accidents and auto accidents are very confusing and change
almost on a daily basis. The No-Fault law was created in almost on a daily basis. The No-Fault law was created in
1973 and there have been over 2,000 written court opinions 1973 and there have been over 2,000 written court opinions
regarding these laws. regarding these laws.

The fact that Attorney Ernie drafted a will for your uncle or The fact that Attorney Ernie drafted a will for your uncle or
that Lawyer Linda handled your cousin’s divorce case does that Lawyer Linda handled your cousin’s divorce case does
not make them qualified to handle a motorcycle accident not make them qualified to handle a motorcycle accident
case. Many attorneys who claim to be specialists in case. Many attorneys who claim to be specialists in
motorcycle accident cases do not know the intricacies of the motorcycle accident cases do not know the intricacies of the
laws relating to motorcycle accident cases. laws relating to motorcycle accident cases.

While many lawyers will offer to represent you in your case, While many lawyers will offer to represent you in your case,
it is important to choose a lawyer to represent you that it is important to choose a lawyer to represent you that
handles serious motorcycle accident injury cases everyday handles serious motorcycle accident injury cases everyday
and has significant experience and expertise in representing and has significant experience and expertise in representing
injury victims. Lawyers without this knowledge and injury victims. Lawyers without this knowledge and
experience may not be familiar with or even understand these experience may not be familiar with or even understand these
laws and its many technicalities, which could cause you to laws and its many technicalities, which could cause you to
lose your benefits and your opportunity to obtain a settlement lose your benefits and your opportunity to obtain a settlement
in your case. in your case.

1 1


Choosing The Right Lawyer For Your Case Choosing The Right Lawyer For Your Case

Do all lawyers in Michigan know how to handle Do all lawyers in Michigan know how to handle
motorcycle accident and injury cases? motorcycle accident and injury cases?

No. The insurance laws in Michigan regarding motorcycle No. The insurance laws in Michigan regarding motorcycle
accidents and auto accidents are very confusing and change accidents and auto accidents are very confusing and change
almost on a daily basis. The No-Fault law was created in almost on a daily basis. The No-Fault law was created in
1973 and there have been over 2,000 written court opinions 1973 and there have been over 2,000 written court opinions
regarding these laws. regarding these laws.

The fact that Attorney Ernie drafted a will for your uncle or The fact that Attorney Ernie drafted a will for your uncle or
that Lawyer Linda handled your cousin’s divorce case does that Lawyer Linda handled your cousin’s divorce case does
not make them qualified to handle a motorcycle accident not make them qualified to handle a motorcycle accident
case. Many attorneys who claim to be specialists in case. Many attorneys who claim to be specialists in
motorcycle accident cases do not know the intricacies of the motorcycle accident cases do not know the intricacies of the
laws relating to motorcycle accident cases. laws relating to motorcycle accident cases.

While many lawyers will offer to represent you in your case, While many lawyers will offer to represent you in your case,
it is important to choose a lawyer to represent you that it is important to choose a lawyer to represent you that
handles serious motorcycle accident injury cases everyday handles serious motorcycle accident injury cases everyday
and has significant experience and expertise in representing and has significant experience and expertise in representing
injury victims. Lawyers without this knowledge and injury victims. Lawyers without this knowledge and
experience may not be familiar with or even understand these experience may not be familiar with or even understand these
laws and its many technicalities, which could cause you to laws and its many technicalities, which could cause you to
lose your benefits and your opportunity to obtain a settlement lose your benefits and your opportunity to obtain a settlement
in your case. in your case.

1 1


How do you find the best lawyer for your case? How do you find the best lawyer for your case?

The best way to find the right lawyer is to know the right The best way to find the right lawyer is to know the right
questions to ask before you hire a lawyer for your case. questions to ask before you hire a lawyer for your case.
These questions are a good start: These questions are a good start:

1. What experience do you have handling serious 1. What experience do you have handling serious
motorcycle accident injury claims? motorcycle accident injury claims?
2. Have you ever written a book, like this one, on 2. Have you ever written a book, like this one, on
motorcycle accidents and insurance claims? motorcycle accidents and insurance claims?
3. Have you ever spoken to groups of other lawyers and 3. Have you ever spoken to groups of other lawyers and
professionals about accident cases and insurance professionals about accident cases and insurance
laws? laws?
4. Do you have a website with information on motorcycle 4. Do you have a website with information on motorcycle
accident cases and free forms that I can print to make accident cases and free forms that I can print to make
my insurance claims? my insurance claims?
5. What kinds of settlements have you received for your 5. What kinds of settlements have you received for your
clients? clients?

The lawyers at Buckfire & Buckfire P.C. will give you The lawyers at Buckfire & Buckfire P.C. will give you
honest answers to these questions. Our firm has represented honest answers to these questions. Our firm has represented
injury victims and their families throughout the State of injury victims and their families throughout the State of
Michigan for almost forty years. Our lawyers have the Michigan for almost forty years. Our lawyers have the
thorough knowledge, expertise, and experience in handling thorough knowledge, expertise, and experience in handling
these cases and understand how to handle difficult cases and these cases and understand how to handle difficult cases and
best represent our clients. Most of our clients are referred to best represent our clients. Most of our clients are referred to
us from other clients who have placed their trust in us to us from other clients who have placed their trust in us to
represent their family members, friends, and colleagues. We represent their family members, friends, and colleagues. We
also receive many referrals from other lawyers and from also receive many referrals from other lawyers and from
medical professionals who recognize that we are the law firm medical professionals who recognize that we are the law firm
to best represent their clients and patients. to best represent their clients and patients.

2 2


How do you find the best lawyer for your case? How do you find the best lawyer for your case?

The best way to find the right lawyer is to know the right The best way to find the right lawyer is to know the right
questions to ask before you hire a lawyer for your case. questions to ask before you hire a lawyer for your case.
These questions are a good start: These questions are a good start:

1. What experience do you have handling serious 1. What experience do you have handling serious
motorcycle accident injury claims? motorcycle accident injury claims?
2. Have you ever written a book, like this one, on 2. Have you ever written a book, like this one, on
motorcycle accidents and insurance claims? motorcycle accidents and insurance claims?
3. Have you ever spoken to groups of other lawyers and 3. Have you ever spoken to groups of other lawyers and
professionals about accident cases and insurance professionals about accident cases and insurance
laws? laws?
4. Do you have a website with information on motorcycle 4. Do you have a website with information on motorcycle
accident cases and free forms that I can print to make accident cases and free forms that I can print to make
my insurance claims? my insurance claims?
5. What kinds of settlements have you received for your 5. What kinds of settlements have you received for your
clients? clients?

The lawyers at Buckfire & Buckfire P.C. will give you The lawyers at Buckfire & Buckfire P.C. will give you
honest answers to these questions. Our firm has represented honest answers to these questions. Our firm has represented
injury victims and their families throughout the State of injury victims and their families throughout the State of
Michigan for almost forty years. Our lawyers have the Michigan for almost forty years. Our lawyers have the
thorough knowledge, expertise, and experience in handling thorough knowledge, expertise, and experience in handling
these cases and understand how to handle difficult cases and these cases and understand how to handle difficult cases and
best represent our clients. Most of our clients are referred to best represent our clients. Most of our clients are referred to
us from other clients who have placed their trust in us to us from other clients who have placed their trust in us to
represent their family members, friends, and colleagues. We represent their family members, friends, and colleagues. We
also receive many referrals from other lawyers and from also receive many referrals from other lawyers and from
medical professionals who recognize that we are the law firm medical professionals who recognize that we are the law firm
to best represent their clients and patients. to best represent their clients and patients.

2 2


Legal Requirements in Michigan for Legal Requirements in Michigan for
Owning and Operating a Motorcycle Owning and Operating a Motorcycle

There are specific legal requirements in the State of Michigan There are specific legal requirements in the State of Michigan
for owning and operating a motorcycle. It is important to for owning and operating a motorcycle. It is important to
know these rules and regulations before you buy or ride a know these rules and regulations before you buy or ride a
motorcycle. These requirements also provide the basis for motorcycle. These requirements also provide the basis for
determining the rights of motorcycle riders and passengers determining the rights of motorcycle riders and passengers
involved in accidents. involved in accidents.

What is considered a “motorcycle” under Michigan law? What is considered a “motorcycle” under Michigan law?

A motorcycle is a vehicle having a saddle or seat for the use A motorcycle is a vehicle having a saddle or seat for the use
of the rider, designed to travel on not more than 3 wheels in of the rider, designed to travel on not more than 3 wheels in
contact with the ground, which is equipped with a motor that contact with the ground, which is equipped with a motor that
exceeds 50 cubic centimeters piston displacement. exceeds 50 cubic centimeters piston displacement.

Who is required to wear a helmet when riding a Who is required to wear a helmet when riding a
motorcycle in Michigan? motorcycle in Michigan?

All motorcycle operators and passengers are required to wear All motorcycle operators and passengers are required to wear
a safety helmet on their head. The helmet must meet U.S. a safety helmet on their head. The helmet must meet U.S.
Department of Transportation standards and be properly Department of Transportation standards and be properly
labeled. The helmet must also be properly fastened. labeled. The helmet must also be properly fastened.

What are the registration requirements for motorcycles? What are the registration requirements for motorcycles?

If you plan to operate your motorcycle on public roads, you If you plan to operate your motorcycle on public roads, you
must register it with the Secretary of State. Registrations are must register it with the Secretary of State. Registrations are
for one year only and expire on the owner’s birthday. When for one year only and expire on the owner’s birthday. When
registering, the owner must provide proof of insurance of registering, the owner must provide proof of insurance of
$20,000/$40,000 for public liability and $10,000 for property $20,000/$40,000 for public liability and $10,000 for property

3 3


Legal Requirements in Michigan for Legal Requirements in Michigan for
Owning and Operating a Motorcycle Owning and Operating a Motorcycle

There are specific legal requirements in the State of Michigan There are specific legal requirements in the State of Michigan
for owning and operating a motorcycle. It is important to for owning and operating a motorcycle. It is important to
know these rules and regulations before you buy or ride a know these rules and regulations before you buy or ride a
motorcycle. These requirements also provide the basis for motorcycle. These requirements also provide the basis for
determining the rights of motorcycle riders and passengers determining the rights of motorcycle riders and passengers
involved in accidents. involved in accidents.

What is considered a “motorcycle” under Michigan law? What is considered a “motorcycle” under Michigan law?

A motorcycle is a vehicle having a saddle or seat for the use A motorcycle is a vehicle having a saddle or seat for the use
of the rider, designed to travel on not more than 3 wheels in of the rider, designed to travel on not more than 3 wheels in
contact with the ground, which is equipped with a motor that contact with the ground, which is equipped with a motor that
exceeds 50 cubic centimeters piston displacement. exceeds 50 cubic centimeters piston displacement.

Who is required to wear a helmet when riding a Who is required to wear a helmet when riding a
motorcycle in Michigan? motorcycle in Michigan?

All motorcycle operators and passengers are required to wear All motorcycle operators and passengers are required to wear
a safety helmet on their head. The helmet must meet U.S. a safety helmet on their head. The helmet must meet U.S.
Department of Transportation standards and be properly Department of Transportation standards and be properly
labeled. The helmet must also be properly fastened. labeled. The helmet must also be properly fastened.

What are the registration requirements for motorcycles? What are the registration requirements for motorcycles?

If you plan to operate your motorcycle on public roads, you If you plan to operate your motorcycle on public roads, you
must register it with the Secretary of State. Registrations are must register it with the Secretary of State. Registrations are
for one year only and expire on the owner’s birthday. When for one year only and expire on the owner’s birthday. When
registering, the owner must provide proof of insurance of registering, the owner must provide proof of insurance of
$20,000/$40,000 for public liability and $10,000 for property $20,000/$40,000 for public liability and $10,000 for property

3 3


damage. There is no requirement to purchase medical damage. There is no requirement to purchase medical
benefits coverage on your motorcycle. For initial registration, benefits coverage on your motorcycle. For initial registration,
the motorcycle title must be presented and for renewals, the the motorcycle title must be presented and for renewals, the
renewal registration or the previous year’s registration must renewal registration or the previous year’s registration must
be presented. be presented.

How do I obtain a motorcycle endorsement on my How do I obtain a motorcycle endorsement on my
driver’s license? driver’s license?

To operate a motorcycle on public roads, you must have a To operate a motorcycle on public roads, you must have a
valid Michigan driver’s license with a motorcycle valid Michigan driver’s license with a motorcycle
endorsement. The requirements for obtaining a motorcycle endorsement. The requirements for obtaining a motorcycle
endorsement differ for teens and adults. endorsement differ for teens and adults.

For teens to apply for a motorcycle endorsement, teens must For teens to apply for a motorcycle endorsement, teens must
be at least 16 years old and possess a valid Level 2 or Level be at least 16 years old and possess a valid Level 2 or Level
3 Graduated Driver’s License, successfully complete an 3 Graduated Driver’s License, successfully complete an
approved motorcycle safety course, and pass the written approved motorcycle safety course, and pass the written
Secretary of State test. Secretary of State test.

For adults to apply for a motorcycle endorsement, adults age For adults to apply for a motorcycle endorsement, adults age
18 or older must possess a valid driver’s license, pass the 18 or older must possess a valid driver’s license, pass the
written Secretary of State test, pass the motorcycle skills test written Secretary of State test, pass the motorcycle skills test
by an organization approved by the Department of State or by an organization approved by the Department of State or
pass a motorcycle safety course approved by the Department pass a motorcycle safety course approved by the Department
of State. If an adult has a valid motorcycle endorsement from of State. If an adult has a valid motorcycle endorsement from
another state, the skill test and safety test may be waived. another state, the skill test and safety test may be waived.

How do I find an approved motorcycle testing program? How do I find an approved motorcycle testing program?

Driving skills tests are provided only through third-party Driving skills tests are provided only through third-party
testing programs. You can find one by contacting your local testing programs. You can find one by contacting your local

4 4


damage. There is no requirement to purchase medical damage. There is no requirement to purchase medical
benefits coverage on your motorcycle. For initial registration, benefits coverage on your motorcycle. For initial registration,
the motorcycle title must be presented and for renewals, the the motorcycle title must be presented and for renewals, the
renewal registration or the previous year’s registration must renewal registration or the previous year’s registration must
be presented. be presented.

How do I obtain a motorcycle endorsement on my How do I obtain a motorcycle endorsement on my
driver’s license? driver’s license?

To operate a motorcycle on public roads, you must have a To operate a motorcycle on public roads, you must have a
valid Michigan driver’s license with a motorcycle valid Michigan driver’s license with a motorcycle
endorsement. The requirements for obtaining a motorcycle endorsement. The requirements for obtaining a motorcycle
endorsement differ for teens and adults. endorsement differ for teens and adults.

For teens to apply for a motorcycle endorsement, teens must For teens to apply for a motorcycle endorsement, teens must
be at least 16 years old and possess a valid Level 2 or Level be at least 16 years old and possess a valid Level 2 or Level
3 Graduated Driver’s License, successfully complete an 3 Graduated Driver’s License, successfully complete an
approved motorcycle safety course, and pass the written approved motorcycle safety course, and pass the written
Secretary of State test. Secretary of State test.

For adults to apply for a motorcycle endorsement, adults age For adults to apply for a motorcycle endorsement, adults age
18 or older must possess a valid driver’s license, pass the 18 or older must possess a valid driver’s license, pass the
written Secretary of State test, pass the motorcycle skills test written Secretary of State test, pass the motorcycle skills test
by an organization approved by the Department of State or by an organization approved by the Department of State or
pass a motorcycle safety course approved by the Department pass a motorcycle safety course approved by the Department
of State. If an adult has a valid motorcycle endorsement from of State. If an adult has a valid motorcycle endorsement from
another state, the skill test and safety test may be waived. another state, the skill test and safety test may be waived.

How do I find an approved motorcycle testing program? How do I find an approved motorcycle testing program?

Driving skills tests are provided only through third-party Driving skills tests are provided only through third-party
testing programs. You can find one by contacting your local testing programs. You can find one by contacting your local

4 4


Michigan Secretary of State office or by visiting the Michigan Secretary of State office or by visiting the
department’s web site at www.Michigan.gov/sos. department’s web site at www.Michigan.gov/sos.

How do I find an approved motorcycle safety course? How do I find an approved motorcycle safety course?

You can find one by contacting your local Michigan You can find one by contacting your local Michigan
Secretary of State office or by visiting the department’s web Secretary of State office or by visiting the department’s web
site at www.Michigan.gov/sos. site at www.Michigan.gov/sos.

What are the insurance requirements for owning and What are the insurance requirements for owning and
operating a motorcycle? operating a motorcycle?

When registering, the owner must provide proof of insurance When registering, the owner must provide proof of insurance
of $20,000/$40,000 for public liability and $10,000 for of $20,000/$40,000 for public liability and $10,000 for
property damage. There is no requirement to purchase property damage. There is no requirement to purchase
medical benefits coverage on your motorcycle. medical benefits coverage on your motorcycle.

Although there is no requirement to purchase medical benefits Although there is no requirement to purchase medical benefits
coverage, we strongly recommend purchasing the maximum coverage, we strongly recommend purchasing the maximum
medical benefits coverage on your motorcycle that you can medical benefits coverage on your motorcycle that you can
afford. This type of coverage is called “Med Pay” coverage. afford. This type of coverage is called “Med Pay” coverage.

Additionally, we strongly recommend purchasing the Additionally, we strongly recommend purchasing the
maximum uninsured/underinsured motorists coverage which maximum uninsured/underinsured motorists coverage which
you can afford on your motorcycle. This very important you can afford on your motorcycle. This very important
optional coverage will be discussed in detail later in this book. optional coverage will be discussed in detail later in this book.

5 5


Michigan Secretary of State office or by visiting the Michigan Secretary of State office or by visiting the
department’s web site at www.Michigan.gov/sos. department’s web site at www.Michigan.gov/sos.

How do I find an approved motorcycle safety course? How do I find an approved motorcycle safety course?

You can find one by contacting your local Michigan You can find one by contacting your local Michigan
Secretary of State office or by visiting the department’s web Secretary of State office or by visiting the department’s web
site at www.Michigan.gov/sos. site at www.Michigan.gov/sos.

What are the insurance requirements for owning and What are the insurance requirements for owning and
operating a motorcycle? operating a motorcycle?

When registering, the owner must provide proof of insurance When registering, the owner must provide proof of insurance
of $20,000/$40,000 for public liability and $10,000 for of $20,000/$40,000 for public liability and $10,000 for
property damage. There is no requirement to purchase property damage. There is no requirement to purchase
medical benefits coverage on your motorcycle. medical benefits coverage on your motorcycle.

Although there is no requirement to purchase medical benefits Although there is no requirement to purchase medical benefits
coverage, we strongly recommend purchasing the maximum coverage, we strongly recommend purchasing the maximum
medical benefits coverage on your motorcycle that you can medical benefits coverage on your motorcycle that you can
afford. This type of coverage is called “Med Pay” coverage. afford. This type of coverage is called “Med Pay” coverage.

Additionally, we strongly recommend purchasing the Additionally, we strongly recommend purchasing the
maximum uninsured/underinsured motorists coverage which maximum uninsured/underinsured motorists coverage which
you can afford on your motorcycle. This very important you can afford on your motorcycle. This very important
optional coverage will be discussed in detail later in this book. optional coverage will be discussed in detail later in this book.

5 5


What does the phrase What does the phrase
“No-Fault” mean anyway? “No-Fault” mean anyway?

Most of you have heard the phrase “No-Fault” but do not Most of you have heard the phrase “No-Fault” but do not
know exactly what it means or how it affects you if you were know exactly what it means or how it affects you if you were
involved in a motorcycle accident. You are not alone. involved in a motorcycle accident. You are not alone.
Basically, it means that you may be able get insurance benefits Basically, it means that you may be able get insurance benefits
regardless of whether you or someone else was at fault in the regardless of whether you or someone else was at fault in the
accident. That’s right, you may be entitled to insurance accident. That’s right, you may be entitled to insurance
benefits even if you were at fault in the accident. benefits even if you were at fault in the accident.

Generally, when you are involved in a motorcycle accident in Generally, when you are involved in a motorcycle accident in
Michigan, there are three potential types of insurance claims, Michigan, there are three potential types of insurance claims,
depending on the circumstances of the accident. These claims depending on the circumstances of the accident. These claims
are explained in more detail in this book, but they are are explained in more detail in this book, but they are
classified as: classified as:

MOTORCYCLE REPAIRS AND DAMAGES MOTORCYCLE REPAIRS AND DAMAGES
(Payment for repairs to your motorcycle) (Payment for repairs to your motorcycle)

BODILY INJURY CLAIMS BODILY INJURY CLAIMS
(Payment for your personal injuries) (Payment for your personal injuries)

NO-FAULT INSURANCE BENEFITS/MED PAY NO-FAULT INSURANCE BENEFITS/MED PAY
BENEFITS BENEFITS
(Payment for wage loss, medical expenses, etc.) (Payment for wage loss, medical expenses, etc.)

Michigan is a no-fault state, and there are very complex laws Michigan is a no-fault state, and there are very complex laws
in determining where to make claims for motorcycle repairs in determining where to make claims for motorcycle repairs
and no-fault benefits. Michigan law also allows you to make and no-fault benefits. Michigan law also allows you to make
a claim against the driver and owner of the car or motorcycle a claim against the driver and owner of the car or motorcycle
who was at fault in the accident if you suffered personal who was at fault in the accident if you suffered personal

6 6


What does the phrase What does the phrase
“No-Fault” mean anyway? “No-Fault” mean anyway?

Most of you have heard the phrase “No-Fault” but do not Most of you have heard the phrase “No-Fault” but do not
know exactly what it means or how it affects you if you were know exactly what it means or how it affects you if you were
involved in a motorcycle accident. You are not alone. involved in a motorcycle accident. You are not alone.
Basically, it means that you may be able get insurance benefits Basically, it means that you may be able get insurance benefits
regardless of whether you or someone else was at fault in the regardless of whether you or someone else was at fault in the
accident. That’s right, you may be entitled to insurance accident. That’s right, you may be entitled to insurance
benefits even if you were at fault in the accident. benefits even if you were at fault in the accident.

Generally, when you are involved in a motorcycle accident in Generally, when you are involved in a motorcycle accident in
Michigan, there are three potential types of insurance claims, Michigan, there are three potential types of insurance claims,
depending on the circumstances of the accident. These claims depending on the circumstances of the accident. These claims
are explained in more detail in this book, but they are are explained in more detail in this book, but they are
classified as: classified as:

MOTORCYCLE REPAIRS AND DAMAGES MOTORCYCLE REPAIRS AND DAMAGES
(Payment for repairs to your motorcycle) (Payment for repairs to your motorcycle)

BODILY INJURY CLAIMS BODILY INJURY CLAIMS
(Payment for your personal injuries) (Payment for your personal injuries)

NO-FAULT INSURANCE BENEFITS/MED PAY NO-FAULT INSURANCE BENEFITS/MED PAY
BENEFITS BENEFITS
(Payment for wage loss, medical expenses, etc.) (Payment for wage loss, medical expenses, etc.)

Michigan is a no-fault state, and there are very complex laws Michigan is a no-fault state, and there are very complex laws
in determining where to make claims for motorcycle repairs in determining where to make claims for motorcycle repairs
and no-fault benefits. Michigan law also allows you to make and no-fault benefits. Michigan law also allows you to make
a claim against the driver and owner of the car or motorcycle a claim against the driver and owner of the car or motorcycle
who was at fault in the accident if you suffered personal who was at fault in the accident if you suffered personal

6 6


injuries, such as pain and suffering and for any visible scars injuries, such as pain and suffering and for any visible scars
or disfigurements. These are called bodily injury claims. or disfigurements. These are called bodily injury claims.

In this book, I will tell you how to make these claims and will In this book, I will tell you how to make these claims and will
answer many of your common questions. Of course, if you answer many of your common questions. Of course, if you
have questions that were not answered in this book, you can have questions that were not answered in this book, you can
always just pick up the telephone and give me a call. Please always just pick up the telephone and give me a call. Please
feel free to call me at our toll-free number at 1-800-606-1717. feel free to call me at our toll-free number at 1-800-606-1717.

7 7


injuries, such as pain and suffering and for any visible scars injuries, such as pain and suffering and for any visible scars
or disfigurements. These are called bodily injury claims. or disfigurements. These are called bodily injury claims.

In this book, I will tell you how to make these claims and will In this book, I will tell you how to make these claims and will
answer many of your common questions. Of course, if you answer many of your common questions. Of course, if you
have questions that were not answered in this book, you can have questions that were not answered in this book, you can
always just pick up the telephone and give me a call. Please always just pick up the telephone and give me a call. Please
feel free to call me at our toll-free number at 1-800-606-1717. feel free to call me at our toll-free number at 1-800-606-1717.

7 7


Motorcycle Repair and Damage Claims Motorcycle Repair and Damage Claims

Who has to pay for the repairs and damage to my Who has to pay for the repairs and damage to my
motorcycle? motorcycle?

Typically, your own motorcycle insurance pays for the Typically, your own motorcycle insurance pays for the
damages and repairs to your motorcycle. damages and repairs to your motorcycle.

In cases involving an accident with an automobile, the at- In cases involving an accident with an automobile, the at-
fault driver and owner of the automobile is not responsible for fault driver and owner of the automobile is not responsible for
any damage done to your motorcycle—not even your any damage done to your motorcycle—not even your
deductible. Therefore, if you want compensation for the deductible. Therefore, if you want compensation for the
damages and repairs to your motorcycle, you should purchase damages and repairs to your motorcycle, you should purchase
Collision Coverage for the motorcycle with your insurance Collision Coverage for the motorcycle with your insurance
company. company.

In cases involving an accident with another motorcycle, the In cases involving an accident with another motorcycle, the
at-fault driver and owner of the motorcycle is responsible for at-fault driver and owner of the motorcycle is responsible for
the damages and repairs to your motorcycle. the damages and repairs to your motorcycle.

What types of collision coverage are there? What types of collision coverage are there?

Most insurers offer Standard Collision and Comprehensive Most insurers offer Standard Collision and Comprehensive
insurance coverage. With Standard Collision coverage, your insurance coverage. With Standard Collision coverage, your
insurance company pays for the damages and repairs to your insurance company pays for the damages and repairs to your
motorcycle when you collide with another vehicle or object. motorcycle when you collide with another vehicle or object.
If you hit a car, a pole or another nonliving object, Standard If you hit a car, a pole or another nonliving object, Standard
Collision coverage will apply. Collision coverage will apply.

With Comprehensive coverage, your insurance company With Comprehensive coverage, your insurance company
pays for the damages and repairs to your motorcycle caused pays for the damages and repairs to your motorcycle caused

8 8


Motorcycle Repair and Damage Claims Motorcycle Repair and Damage Claims

Who has to pay for the repairs and damage to my Who has to pay for the repairs and damage to my
motorcycle? motorcycle?

Typically, your own motorcycle insurance pays for the Typically, your own motorcycle insurance pays for the
damages and repairs to your motorcycle. damages and repairs to your motorcycle.

In cases involving an accident with an automobile, the at- In cases involving an accident with an automobile, the at-
fault driver and owner of the automobile is not responsible for fault driver and owner of the automobile is not responsible for
any damage done to your motorcycle—not even your any damage done to your motorcycle—not even your
deductible. Therefore, if you want compensation for the deductible. Therefore, if you want compensation for the
damages and repairs to your motorcycle, you should purchase damages and repairs to your motorcycle, you should purchase
Collision Coverage for the motorcycle with your insurance Collision Coverage for the motorcycle with your insurance
company. company.

In cases involving an accident with another motorcycle, the In cases involving an accident with another motorcycle, the
at-fault driver and owner of the motorcycle is responsible for at-fault driver and owner of the motorcycle is responsible for
the damages and repairs to your motorcycle. the damages and repairs to your motorcycle.

What types of collision coverage are there? What types of collision coverage are there?

Most insurers offer Standard Collision and Comprehensive Most insurers offer Standard Collision and Comprehensive
insurance coverage. With Standard Collision coverage, your insurance coverage. With Standard Collision coverage, your
insurance company pays for the damages and repairs to your insurance company pays for the damages and repairs to your
motorcycle when you collide with another vehicle or object. motorcycle when you collide with another vehicle or object.
If you hit a car, a pole or another nonliving object, Standard If you hit a car, a pole or another nonliving object, Standard
Collision coverage will apply. Collision coverage will apply.

With Comprehensive coverage, your insurance company With Comprehensive coverage, your insurance company
pays for the damages and repairs to your motorcycle caused pays for the damages and repairs to your motorcycle caused

8 8


by an event other than a collision, such as fire, theft or by an event other than a collision, such as fire, theft or
vandalism. Also, if you hit an animal. Comprehensive vandalism. Also, if you hit an animal. Comprehensive
coverage will apply. Both coverages are subject to a coverage will apply. Both coverages are subject to a
deductible. Also, if you purchase Comprehensive and/or deductible. Also, if you purchase Comprehensive and/or
Collision coverage, most insurers provide a nominal amount Collision coverage, most insurers provide a nominal amount
of Custom Parts and Equipment (CPE)/Accessory coverage, of Custom Parts and Equipment (CPE)/Accessory coverage,
with an option to purchase additional coverage, usually up to with an option to purchase additional coverage, usually up to
$30,000.00. $30,000.00.

What if I did not buy collision coverage? What if I did not buy collision coverage?

If you did not buy Collision coverage, you will have to pay If you did not buy Collision coverage, you will have to pay
for the damages and repairs to your motorcycle even if you for the damages and repairs to your motorcycle even if you
were not at-fault in the accident. However, there are were not at-fault in the accident. However, there are
exceptions. First, you can seek payment from an at-fault exceptions. First, you can seek payment from an at-fault
driver and owner of an automobile if the driver and owner of driver and owner of an automobile if the driver and owner of
the automobile were uninsured. Second, if a driver of a the automobile were uninsured. Second, if a driver of a
motorcycle negligently causes damages to your motorcycle, motorcycle negligently causes damages to your motorcycle,
you can seek payment for the damages and repairs to your you can seek payment for the damages and repairs to your
motorcycle from the driver and owner of the other motorcycle from the driver and owner of the other
motorcycle. Finally, if your motorcycle was parked in a legal, motorcycle. Finally, if your motorcycle was parked in a legal,
safe and reasonable manner and was struck by an automobile, safe and reasonable manner and was struck by an automobile,
the damages to your motorcycle are recoverable from the the damages to your motorcycle are recoverable from the
insurer of the owner or operator of the automobile involved insurer of the owner or operator of the automobile involved
in the accident. in the accident.

What is a deductible? What is a deductible?

This is the amount that you agree to pay toward the damages This is the amount that you agree to pay toward the damages
and cost of repairs to your motorcycle before the insurance and cost of repairs to your motorcycle before the insurance
company steps in to pay for the rest of the damages and the company steps in to pay for the rest of the damages and the
cost of repairs to your motorcycle. cost of repairs to your motorcycle.

9 9


by an event other than a collision, such as fire, theft or by an event other than a collision, such as fire, theft or
vandalism. Also, if you hit an animal. Comprehensive vandalism. Also, if you hit an animal. Comprehensive
coverage will apply. Both coverages are subject to a coverage will apply. Both coverages are subject to a
deductible. Also, if you purchase Comprehensive and/or deductible. Also, if you purchase Comprehensive and/or
Collision coverage, most insurers provide a nominal amount Collision coverage, most insurers provide a nominal amount
of Custom Parts and Equipment (CPE)/Accessory coverage, of Custom Parts and Equipment (CPE)/Accessory coverage,
with an option to purchase additional coverage, usually up to with an option to purchase additional coverage, usually up to
$30,000.00. $30,000.00.

What if I did not buy collision coverage? What if I did not buy collision coverage?

If you did not buy Collision coverage, you will have to pay If you did not buy Collision coverage, you will have to pay
for the damages and repairs to your motorcycle even if you for the damages and repairs to your motorcycle even if you
were not at-fault in the accident. However, there are were not at-fault in the accident. However, there are
exceptions. First, you can seek payment from an at-fault exceptions. First, you can seek payment from an at-fault
driver and owner of an automobile if the driver and owner of driver and owner of an automobile if the driver and owner of
the automobile were uninsured. Second, if a driver of a the automobile were uninsured. Second, if a driver of a
motorcycle negligently causes damages to your motorcycle, motorcycle negligently causes damages to your motorcycle,
you can seek payment for the damages and repairs to your you can seek payment for the damages and repairs to your
motorcycle from the driver and owner of the other motorcycle from the driver and owner of the other
motorcycle. Finally, if your motorcycle was parked in a legal, motorcycle. Finally, if your motorcycle was parked in a legal,
safe and reasonable manner and was struck by an automobile, safe and reasonable manner and was struck by an automobile,
the damages to your motorcycle are recoverable from the the damages to your motorcycle are recoverable from the
insurer of the owner or operator of the automobile involved insurer of the owner or operator of the automobile involved
in the accident. in the accident.

What is a deductible? What is a deductible?

This is the amount that you agree to pay toward the damages This is the amount that you agree to pay toward the damages
and cost of repairs to your motorcycle before the insurance and cost of repairs to your motorcycle before the insurance
company steps in to pay for the rest of the damages and the company steps in to pay for the rest of the damages and the
cost of repairs to your motorcycle. cost of repairs to your motorcycle.

9 9


What is a mini-tort claim and does it apply motorcycles? What is a mini-tort claim and does it apply motorcycles?

The Michigan No-Fault Act allows drivers and owners of an The Michigan No-Fault Act allows drivers and owners of an
automobile to recover up to $500.00 from the at-fault driver automobile to recover up to $500.00 from the at-fault driver
and owner of an automobile to cover the damages and repairs and owner of an automobile to cover the damages and repairs
to the automobile. However, motorcyclists are not entitled to to the automobile. However, motorcyclists are not entitled to
make a mini-tort claim because it is limited to motor vehicles, make a mini-tort claim because it is limited to motor vehicles,
and a motorcycle is not considered a motor vehicle under the and a motorcycle is not considered a motor vehicle under the
Michigan No-Fault Act. Michigan No-Fault Act.

How much money out of my pocket will I have to pay for How much money out of my pocket will I have to pay for
the repairs? the repairs?

This depends on the amount of coverage you purchased and This depends on the amount of coverage you purchased and
the amount of your deductible. the amount of your deductible.

Do I have to pay for repairs and damages to another Do I have to pay for repairs and damages to another
person’s car if I caused the accident? person’s car if I caused the accident?

Because a motorcycle is not considered to be a motor vehicle Because a motorcycle is not considered to be a motor vehicle
(an automobile, car or truck) within the meaning of the (an automobile, car or truck) within the meaning of the
Michigan No-Fault Act, the at-fault operator and owner of a Michigan No-Fault Act, the at-fault operator and owner of a
motorcycle does not have No-Fault immunity. Thus, if an motorcycle does not have No-Fault immunity. Thus, if an
operator and owner of a motorcycle is at-fault in an accident, operator and owner of a motorcycle is at-fault in an accident,
then he or she may be liable to pay for the damages and then he or she may be liable to pay for the damages and
repairs to the other vehicle, regardless of whether the other repairs to the other vehicle, regardless of whether the other
vehicle was an automobile or a motorcycle. If you purchased vehicle was an automobile or a motorcycle. If you purchased
the required insurance for your motorcycle, the damages and the required insurance for your motorcycle, the damages and
repairs to the other person’s vehicle will be covered by your repairs to the other person’s vehicle will be covered by your
insurer, up to the property damage limits of your policy. insurer, up to the property damage limits of your policy.

10 10


What is a mini-tort claim and does it apply motorcycles? What is a mini-tort claim and does it apply motorcycles?

The Michigan No-Fault Act allows drivers and owners of an The Michigan No-Fault Act allows drivers and owners of an
automobile to recover up to $500.00 from the at-fault driver automobile to recover up to $500.00 from the at-fault driver
and owner of an automobile to cover the damages and repairs and owner of an automobile to cover the damages and repairs
to the automobile. However, motorcyclists are not entitled to to the automobile. However, motorcyclists are not entitled to
make a mini-tort claim because it is limited to motor vehicles, make a mini-tort claim because it is limited to motor vehicles,
and a motorcycle is not considered a motor vehicle under the and a motorcycle is not considered a motor vehicle under the
Michigan No-Fault Act. Michigan No-Fault Act.

How much money out of my pocket will I have to pay for How much money out of my pocket will I have to pay for
the repairs? the repairs?

This depends on the amount of coverage you purchased and This depends on the amount of coverage you purchased and
the amount of your deductible. the amount of your deductible.

Do I have to pay for repairs and damages to another Do I have to pay for repairs and damages to another
person’s car if I caused the accident? person’s car if I caused the accident?

Because a motorcycle is not considered to be a motor vehicle Because a motorcycle is not considered to be a motor vehicle
(an automobile, car or truck) within the meaning of the (an automobile, car or truck) within the meaning of the
Michigan No-Fault Act, the at-fault operator and owner of a Michigan No-Fault Act, the at-fault operator and owner of a
motorcycle does not have No-Fault immunity. Thus, if an motorcycle does not have No-Fault immunity. Thus, if an
operator and owner of a motorcycle is at-fault in an accident, operator and owner of a motorcycle is at-fault in an accident,
then he or she may be liable to pay for the damages and then he or she may be liable to pay for the damages and
repairs to the other vehicle, regardless of whether the other repairs to the other vehicle, regardless of whether the other
vehicle was an automobile or a motorcycle. If you purchased vehicle was an automobile or a motorcycle. If you purchased
the required insurance for your motorcycle, the damages and the required insurance for your motorcycle, the damages and
repairs to the other person’s vehicle will be covered by your repairs to the other person’s vehicle will be covered by your
insurer, up to the property damage limits of your policy. insurer, up to the property damage limits of your policy.

10 10


Being Compensated for Being Compensated for
Your Personal Injuries Your Personal Injuries

We have shown you how to obtain money to have your We have shown you how to obtain money to have your
motorcycle repaired. Now we will answer the most common motorcycle repaired. Now we will answer the most common
questions asked about how to receive a settlement for your questions asked about how to receive a settlement for your
injuries. injuries.

If I was driving a motorcycle or was a passenger on a If I was driving a motorcycle or was a passenger on a
motorcycle that was struck by an automobile, can I sue motorcycle that was struck by an automobile, can I sue
the driver and the owner of the automobile that caused the driver and the owner of the automobile that caused
the accident for my injuries? the accident for my injuries?

Yes. If the driver of the other automobile was at fault in the Yes. If the driver of the other automobile was at fault in the
accident and you suffered a serious injury or disfigurement accident and you suffered a serious injury or disfigurement
(like a scar), you can sue the driver and the owner of the other (like a scar), you can sue the driver and the owner of the other
automobile. A claim is made against the driver and owner of automobile. A claim is made against the driver and owner of
the automobile that caused the accident, and your damages the automobile that caused the accident, and your damages
are covered by their insurance company. are covered by their insurance company.

What injuries are considered serious? What injuries are considered serious?

There is no specific injury that automatically qualifies as a There is no specific injury that automatically qualifies as a
“serious” injury and this is determined on a case by case basis. “serious” injury and this is determined on a case by case basis.
However, here are some examples of injuries that may qualify. However, here are some examples of injuries that may qualify.

• Fractured and broken bones • Fractured and broken bones
• Back and neck injuries, like herniated and bulging discs • Back and neck injuries, like herniated and bulging discs
• Nerve damage • Nerve damage
• Injuries that require surgery or substantial treatment • Injuries that require surgery or substantial treatment
• Closed head and traumatic brain injuries • Closed head and traumatic brain injuries
• Spinal cord injuries • Spinal cord injuries

11 11


Being Compensated for Being Compensated for
Your Personal Injuries Your Personal Injuries

We have shown you how to obtain money to have your We have shown you how to obtain money to have your
motorcycle repaired. Now we will answer the most common motorcycle repaired. Now we will answer the most common
questions asked about how to receive a settlement for your questions asked about how to receive a settlement for your
injuries. injuries.

If I was driving a motorcycle or was a passenger on a If I was driving a motorcycle or was a passenger on a
motorcycle that was struck by an automobile, can I sue motorcycle that was struck by an automobile, can I sue
the driver and the owner of the automobile that caused the driver and the owner of the automobile that caused
the accident for my injuries? the accident for my injuries?

Yes. If the driver of the other automobile was at fault in the Yes. If the driver of the other automobile was at fault in the
accident and you suffered a serious injury or disfigurement accident and you suffered a serious injury or disfigurement
(like a scar), you can sue the driver and the owner of the other (like a scar), you can sue the driver and the owner of the other
automobile. A claim is made against the driver and owner of automobile. A claim is made against the driver and owner of
the automobile that caused the accident, and your damages the automobile that caused the accident, and your damages
are covered by their insurance company. are covered by their insurance company.

What injuries are considered serious? What injuries are considered serious?

There is no specific injury that automatically qualifies as a There is no specific injury that automatically qualifies as a
“serious” injury and this is determined on a case by case basis. “serious” injury and this is determined on a case by case basis.
However, here are some examples of injuries that may qualify. However, here are some examples of injuries that may qualify.

• Fractured and broken bones • Fractured and broken bones
• Back and neck injuries, like herniated and bulging discs • Back and neck injuries, like herniated and bulging discs
• Nerve damage • Nerve damage
• Injuries that require surgery or substantial treatment • Injuries that require surgery or substantial treatment
• Closed head and traumatic brain injuries • Closed head and traumatic brain injuries
• Spinal cord injuries • Spinal cord injuries

11 11

The Ultimate Michigan Motorcycle Accident Handbook

The Ultimate Michigan Motorcycle Accident Handbook

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The Ultimate Michigan Motorcycle Accident Handbook