Motorcycle Accident Laws in Michigan Are Very Confusing – Call a Lawyer
The accident laws in Michigan for motorcycle accidents are extremely complex in nature. If you get hit by someone in an accident by motorcycle, you can sue that person for your suffering and pain. The laws for a motorcycle accident are a little different than the auto car accident. In case of an accident involving a motorcycle, you will be able to sue the responsible party if you have suffered an impairment that is serous of an important body function, permanent and serious disfigurement or death. You can also claim compensation for your pain and suffering or any loss of group of body functions. At Moss & Colella law firm, they can help guide you through the process of filing a claim.
Prove you are not 50% responsible
In the state of Michigan, you need to demonstrate that you are not more than 50% responsible for the motorcycle accident. If you are more than 50% accountable for the accident, then you will not be able to claim anything for your suffering and pain. Again, Moss & Colella can help you with this also.
If you are driving a motorcycle and are hit with a car or truck then you can receive “No-Fault Benefits” (i.e. replacement services, payment of medical bills, medical mileage, and attendance care). You must need to collide with a motor vehicle, if you collide with a light pole or tree then you cannot get benefits from the “No-Fault law”. These benefits will be paid per the following rules of priority:
- Registrant or insurer of the Motor Vehicle involved in the accident;
- The insurer or the operator of the motorcycle involved in this accident;
- Motor vehicle insurer of the operator of the motorcycle is involved in this motorcycle accident;
- The registrant of the motorcycle or motor vehicle insurer of the owner involved in the accident with a motorcycle;
- The resident relative of the injured driver, motorcyclist, or passenger;
- Assigned claims facility.
Also, if you do not have the insurance needed on your motorcycle then you cannot get benefits of no-fault under the laws of Michigan.
Statute of limitations
The statute of limitation for the Michigan motorcycle accident is one year. That means you need to make a claim for no-fault benefits within one year of the accident. If you are suing the responsible driver then the statute of limitation is 3 years which means you can sue the responsible driver within 3 years of the accident (unless you are a member of the military, mentally incompetent, or a minor). Michigan motorcycle laws are rather complex in nature, and a leading Michigan law firm such as Moss & Colella can make this process much easier to understand.
If you have physical damages to your motorcycle, then you cannot sure the responsible party for this. You need to carry collision insurance to be able to claim for the physical damages to your motorcycle. A Detroit auto accident attorney can be very helpful to those involved in a Michigan motorcycle accident; they are able to help you understand Michigan motorcycle accident laws.