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How Michigan’s No-Fault Insurance Law Applies to Motorcycles

The Short Answer

Motorcycles aren’t considered motor vehicles under Michigan law, so different insurance requirements apply. If you’re hit by a car or truck, you can file a claim through the other driver’s no-fault PIP insurance to access medical benefits. If you’re involved in a motorcycle-only accident, you may have to rely on your own health insurance or optional medical payments coverage. There’s a specific order of priority that you must go through to access insurance benefits, so don’t hesitate to speak to a motorcycle accident lawyer if you need help understanding your rights.

Key Takeaways

  • Motorcyclists in Michigan must carry liability insurance in case they injure another driver or cause property damage.
  • Minimum coverage is $50,000 per person and $100,000 per accident for injuries and $10,000 for property damage (50/100/10).
  • Medical coverage is optional. Motorcyclists can purchase medical payments (MedPay) coverage, also called optional personal injury protection (PIP), in $5,000 increments.
  • Normally, you can access traditional PIP benefits for medical care and lost wages through the at-fault driver.
  • If no coverage is available, your optional medical payments or uninsured/underinsured motorist coverage may apply.
  • As a last resort, up to $250,000 in medical coverage is available through the Michigan Assigned Claims Plan.
  • Riders who choose not to wear a helmet must meet specific requirements and carry at least $20,000 in first-party medical coverage. Helmet use can affect your right to compensation after an accident.
  • Similar insurance rules apply to traffic collisions involving bikes, e-bikes, scooters, and other personal mobility devices.

Insurance adjuster assesses damage after Michigan motorcycle accident.

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Michigan Motorcycle Insurance Requirements

Unlike automobiles, motorcycles are not considered motor vehicles under Michigan’s Insurance Code. This means that riders aren’t subject to the state’s no-fault personal injury protection (PIP) requirements. Motorcycle operators are only required to carry liability insurance that pays for injuries or property damage to others if the motorcyclist is at fault.

Minimum Insurance Requirements

Under state law, riders must carry the following minimum coverage according to the Department of Insurance and Financial Services:

  • Bodily Injury Liability: The mandatory minimum is $50,000 per person and $100,000 per accident for bodily injuries caused to others.
  • Property Damage Liability: Bikers must carry at least $10,000 in coverage for property damage caused to others.
  • No-Helmet Coverage: Operators who choose to ride without a helmet must have sufficient experience or training and at least $20,000 in first-party MedPay benefits per rider.

Optional Coverage

Optional insurance coverage is especially important for motorcyclists because riders aren’t automatically covered by PIP. Normally, you have to go through the other driver’s insurance first. Optional motorcycle insurance coverages can protect you in a variety of situations:

  • First-party medical payments (MedPay) coverage pays your medical bills regardless of who is at fault. This can be helpful if you lay your bike down or are involved in a single-vehicle accident. MedPay policies are available in $5,000 increments.
  • Collision pays for repairs or replacement if your motorcycle is damaged in an accident.
  • Comprehensive covers non-accident related losses, such as theft and vandalism. You must pay a deductible. If your bike is financed, the lender may require you to carry this coverage.
  • Uninsured/underinsured motorist (UM/UIM) coverage can protect you if the at-fault driver is uninsured or doesn’t have enough coverage to pay all your expenses. This is also useful in case of a hit-and-run accident where the driver cannot be identified.

Does PIP Cover Motorcycle Accidents?

Yes, but only if the crash involved a motor vehicle, such as a car or truck. In most cases, motorcyclists must access PIP through the other driver rather than their own auto insurance. If the accident didn’t involve a motor vehicle (e.g., a motorcycle-only crash), the operator will have to look to other sources of coverage, such as health insurance or MedPay.

Motor Vehicle Involved

If the motorcycle crash involved a motor vehicle (car, truck, or SUV), you may be able to access PIP benefits through the other driver. The vehicle owner’s or operator’s insurance may apply. If no coverage is available, then your own medical payments coverage may kick in. As a last resort, up to $250,000 in PIP coverage is available through the Michigan Assigned Claims Plan, which is a safety net for uninsured drivers.

No Motor Vehicle Involved

If your crash didn’t involve a motor vehicle (car or truck), PIP does not apply. This may be true if you wiped out in a construction zone, encountered a pothole or road hazard, or hit a wild animal. In this case, your medical bills may be paid by:

  • Your health insurance
  • Medicare or Medicaid (secondary payers)
  • Optional motorcycle insurance, such as MedPay
  • An at-fault party that caused the accident (lawsuit)

Can I Sue the Other Driver?

Michigan’s no-fault system generally limits your ability to sue an at-fault driver for pain and suffering unless your injuries meet the “serious impairment” threshold defined in MCL 500.3135 or if you have excess financial losses. This threshold applies to crashes involving motor vehicles.

If your injuries are severe enough under the law, you may step outside the no-fault system to pursue a third-party liability claim against the negligent driver. In motorcycle cases, this can be important because PIP benefits may not fully cover all your losses depending on policy limits. Additionally, compensation for pain and suffering is only available through a third-party lawsuit.

Does It Matter if You Were Wearing a Helmet?

Failing to wear a helmet or carry the required medical coverage can have implications for your claim and financial exposure after a crash. Under Michigan’s motorcycle helmet law (MCL 257.658), most riders are required to wear a DOT-approved crash helmet. In 2012, the state legislature amended the law to allow certain adult riders to ride without a helmet, but only if they meet certain requirements.

Michigan’s Helmet Law

A motorcycle operator may ride without a helmet only if all of the following apply per MCL 257.658:

  • The rider is at least 21 years old;
  • The rider has had a motorcycle endorsement for at least 2 years or has completed a state-approved motorcycle safety course; and
  • The rider has at least $20,000 in first-party medical benefits included in their motorcycle insurance.
  • Similar coverage must be available to passengers who choose not to wear helmets.

How Helmet Use Affects Your Claim

Helmets save lives. According to the CDC, motorcycle helmets reduce the risk of head injury by 69% and the risk of death by 37%. Failing to wear a helmet or carry the required medical benefits coverage can impact your financial recovery after an accident in several ways:

  • Medical Expenses: If you were not legally exempt from wearing a helmet and suffered head or neck injuries, insurers may argue that you assumed greater risk or contributed to your own injuries, potentially reducing compensation.
  • Insurance Coverage: If you ride without a helmet and fail to carry the required $20,000 medical coverage, your insurer may deny portions of your medical claim or limit reimbursement.
  • Jury Perception: In your case results in a lawsuit, helmet use can influence how a jury views your responsibility and credibility, even though riding without a helmet is permitted by law.

What’s the Order of Priority for Motorcycle Insurance Claims?

When a motorcycle and a motor vehicle are involved in a crash that triggers no-fault benefits, MCL 500.3114(5) sets out a specific order of priority that determines which policy is required to pay benefits depending on available coverage.

  1. The vehicle owner’s no-fault insurance (the other driver)
  2. The vehicle operator’s no-fault insurance
  3. The motorcycle operator’s no-fault insurance (MedPay)
  4. The motorcycle owner’s no-fault insurance (MedPay)
  5. The Michigan Assigned Claims Plan, if no other options

What About Claims Involving Bikes, Scooters, and Mopeds?

With more and more personal mobility devices on the market, it’s important to know how Michigan’s no-fault insurance system applies to scooters, e-bikes, and mopeds. In most cases, the rules for filing an insurance claim are similar to motorcycles because these products aren’t considered motor vehicles under Michigan law.

  • If a motor vehicle wasn’t involved in the accident, PIP does not apply. Riders will have to look to health insurance, MedPay, or a lawsuit to cover their expenses.
  • If a motor vehicle was involved, the injured party may seek PIP from the motor vehicle owner’s insurance under priority rules, similar to motorcycles.

Exact coverage can vary depending on how the statute defines the vehicle type and what insurance policies are involved.

Talk to an Attorney After a Motorcycle Accident

If you were hurt in a motorcycle accident, speak with an experienced attorney at Barrix Law Firm. A lawyer can help you understand which coverage is available to reimburse you for medical bills, lost wages, and other expenses. Claims can become complex, especially if you need to file a lawsuit. Don’t hesitate to reach out for a free, no-risk consultation.

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