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Have You Been Involved in a Michigan Motorcycle Accident? Let Kajy Law Explain Who is Responsible.
With how much more exposed a motorcycle is compared to a passenger vehicle, there are far greater chances of injury and damage after a Michigan motorcycle accident. Hospital, medical, and rehabilitation bills are common expenses that will need to be paid–but by whom?
If you have been involved in a Michigan motorcycle accident, you may not be sure what to do or who is responsible for these expenses. The Michigan motorcycle accident attorneys at Kajy Law have helped countless motorcycle accident victims take the right steps after an accident in Michigan. We’ll help you understand who pays after a Michigan motorcycle accident.
The Laws That Dictate Who Pays For Medical Bills
Since motorcyclists need to carry special motorcycle insurance in Michigan, some accident victims may be unsure of who pays after a Michigan motorcycle accident. Others may focus on establishing liability first before they expect their medical bills to be paid.
Before considering anything else, it must first be determined whether a motor vehicle such as a car or truck was involved in the Michigan motorcycle accident. If so, then Michigan Law 500.3114 states that the motorcyclist is eligible for personal injury protection (PIP) benefits regardless of if they were responsible for causing the accident or not.
This can include cases where there was no physical contact with the car. According to the law, an individual may be eligible to receive PIP benefits if they experience bodily injury caused by a motor vehicle accident and demonstrate evidence of involvement with a motorcycle as an operator or passenger.
However, there is an important exception that may be at play. As stipulated by Michigan Law 500.3101, if the injured individual was the motorcycle’s owner, they must have bought motorcycle insurance and had it in effect before the accident occurred. If the bike was uninsured, then the owner does not qualify for PIP benefits.
This will affect which party will be legally responsible for medical bills. These parties include the auto insurance company for the other vehicle, the auto insurance company of the motorcycle operator and owner, along with another state agency.
How Michigan Motorcycle Accident Liability is Determined
To ensure motorcycle accident victims’ bills are paid in a clear, organized manner, the state of Michigan enacted law 500.2114(5) to establish which insurance company pays PIP benefits first.
Since there is a specific order of liability to this law, we’ll help explain it by providing an example scenario:
A motorcyclist is struck by a car.
- First to pay for medical bills is the car owner or registrant’s insurance company.
If they don’t have insurance:
- The insurance company of the driver/operator of the car pays.
If they don’t have insurance:
- The auto insurance of the motorcycle driver/operator pays.
And if they don’t have insurance:
- The auto insurance of the motorcycle owner will be required to pay.
If none of the above parties carry auto insurance, then the injured motorcyclist can file a claim to receive PIP benefits with a Michigan state agency known as the Michigan Assigned Claims Plan, or MACP. MACP will assign an insurance company to pay PIP benefits for these situations.
Note: Michigan has recently enacted a law that allows drivers to opt out of PIP coverage. If you’re involved in a Michigan motorcycle accident where the other vehicle owner or operator has opted out of PIP coverage, contact a Michigan attorney to review your legal options.
What PIP Benefits Are Available After A Michigan Motorcycle Accident?
As mentioned above, PIP benefits help pay for medical expenses after a Michigan motorcycle accident. These benefits include:
- Hospital bills
- Surgery bills
- Doctor’s bills
- Rehabilitation/physical therapy
- Nursing care
- Household replacement services to care for tasks around the home that the victim isn’t able to carry out
- Up to 85% of lost wages for up to three years
However, medical benefits will be dependent upon the applicable insurance that is available from the highest order of priority insurer. For example, if the vehicle that was involved in the accident with the motorcycle had $250,000 in PIP benefits, the motorcycle will be eligible for their lost wages, replacement services, and up to $250,000 in medical benefits. Similarly, the person will be eligible for up to a maximum of $250,000 in medical benefits if there is no insurance, and the claim must be assigned by the MACP.
Get Help From Dedicated Motorcycle Accident Attorneys
It may still be confusing as to who pays in your specific case. On top of that, there are a number of complex Michigan motorcycle laws for different scenarios. And to make matters even more confusing, your accident may have involved multiple parties, all of whom are likely looking to deny liability.
Contact Our Michigan Motorcycle Accident Lawyers
If you were involved in a Michigan motorcycle accident, you need the right legal representation to receive the full compensation for your injuries along with getting all of your medical bills paid.
Let Kajy Law’s Michigan motorcycle accident lawyers focus on winning your case while making things as stress-free as possible for you. With a 98% success rate, we know how to help you get the compensation and benefits you deserve.