Motorcycle Accident Claims - Michigan No-Fault Law Basics

If you or a loved one was injured in a Michigan motorcycle accident, you may be struggling to just meet your urgent medical, financial, and personal needs. At the same time, you need to know your legal rights.

The following is a summary of the important legal claims you could have for damages you suffered in a Michigan motorcycle accident:

Michigan Motorcycle Accidents: Third Party Claims

The most important legal claim that may be available to an individual who is seriously injured in a Michigan motorcycle accident is called a “Third Party” lawsuit against the driver whose carelessness caused the motorcycle crash.

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.

Michigan Motorcycle Accidents: First Party Claims

The victim of a Michigan motorcycle accident also may have a “First Party” claim, for No-Fault insurance 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 a Michigan motorcycle accident victim who suffered serious injuries. Michigan law requires the motorcyclist to claim these benefits within one year.

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

Michigan Motorcycle Accidents: Order of Priority for No-Fault Benefits

1st priority is to the insurer of the owner of the motor vehicle involved in the Michigan motorcycle accident, if none then...

2nd priority is to the insurer of the operator of the motor vehicle involved in the Michigan motorcycle 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 Claim Facility directly at 517-322-1875.

Michigan Motorcycle Accidents: Road Defect Claims

Some Michigan motorcycle accidents are not caused by careless 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 complex 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 Michigan motorcycle accident attorney to handle these complicated requirements properly. If you believe that you may have a road defect claim, contact our office immediately.

Michigan Motorcycle Accident Victims: Protect Your Rights

If you or a loved one was injured in a Michigan motorcycle accident, talk with an experienced Michigan motorcycle accident lawyer. Please click here to make out a simple, free, and confidential consultation form about your Michigan motorcycle accident now.

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