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Motorcycle Accidents

motorcycle accident attorney


There are many benefits you may be entitled to under Michigan's no-fault law, but obtaining them can be complicated. Call Attorney Willoughby for a free consultation at 1-866-821-6060.

I've been injured in a motorcycle accident. What do I need to know, and how can you help me?
If you've been seriously injured in a motorcycle accident, as either a passenger or a driver, you may be entitled to no-fault benefits, which are not dependent on who was at fault for the accident. However, for you to receive benefits under Michigan law, it is critical that a motor vehicle (such as a car, truck, or bus) was involved in the accident. Motorcycles are not classified as motor vehicles under Michigan law. Therefore, if an injury is the result of an accident involving a motorcycle and a motor vehicle, there will generally be no-fault coverage for the passenger and driver of the motorcycle. If there is no motor vehicle involved in the accident then no-fault benefits will generally not be available to the passenger and operator of the motorcycle. If no-fault benefits are available, the circumstances of your accident will determine which insurance company is responsible for paying benefits.

It is not always clear when a motor vehicle has been involved in an accident or which insurance company is responsible to pay benefits. Attorney Willoughby can help you answer these questions and get the benefits you deserve.

What are the no-fault benefits I may be entitled to?
No-fault benefits you may be entitled to include:
1. Lost Wages: As much as three years of 85% of your gross wages up to a monthly maximum of approximately $5000.
2. Medical Expenses: These are expenses related to the accident which can include ambulance costs, hospital and doctor costs, tests and more. Under current law, these are payable for life with no maximum amount.
3. Replacement Services: These are tasks that someone has to perform for you because of the accident. These are usually domestic chores like cleaning, cooking, yard work, and childcare. The most that will be paid for these tasks is $20 per day for a maximum of 3 years.
4. Attendant Care: This is payment for special care that needs to be provided to you because of the accident. It can include care provided by a friend, family member, aide or nurse. This type of care can include help with activities of daily living such as showering, dressing, using the toilet, safety supervision and taking medicine.
Click here for a more detailed discussion of no-fault benefits.

Who pays the no-fault benefits in a motorcycle accident?
Remember, a motor vehicle (a car or truck) must be involved in the accident for a motorcyclist to receive no-fault benefits. If you are injured in a motorcycle accident involving a motor vehicle, the order of priority for the payment of no-fault benefits is as follows:
a. The automobile insurance company insuring the motor vehicle involved.
b. The automobile insurance company insuring the driver of the motor vehicle involved.
c. The automobile insurance company of the operator of the motorcycle involved.
d. The automobile insurance company of the owner of the motorcycle involved.
e. If there is no source of insurance above, then the Assigned Claims Facility will have an insurance company handle your claim.

How do I make a claim for no-fault benefits?
Call the appropriate insurance company and obtain and fill out an Application for Benefits form and send it to the insurance company claims office as soon as possible. You must do this within one year of the motorcycle accident. Furthermore, each expense claimed must be submitted to the insurance company within one year of the date it was incurred. If the expense has not been paid by one year from the date it was incurred, a lawsuit must be started in order to obtain payment.

Can I recover compensation for my injuries?
If someone else was at fault for the motorcycle accident and your injuries were serious, you may be able to recover money for those injuries from the person at fault or their insurance company. You may be able to be compensated for your pain and suffering, loss of enjoyment of recreational activities, inability to do activities of daily living, and injury to family relationships. You may also be able to recover additional lost wages over and above those recovered in your claim for no-fault benefits.

What if the person at fault for the motorcycle accident had no insurance or was a hit-and-run driver?
If you have uninsured motorist coverage, you can turn to your own motorcycle insurance policy for compensation of pain and suffering in these situations. Attorney Willoughby can help you with determining if such coverage is available and in making a claim for that coverage.

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