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Buckfire & Buckfire, P.C.

Michigan Motorcycle Accident Insurance Claims

Our Michigan motorcycle insurance accident lawyers have specialized knowledge in insurance claims that can be made by an injured biker. The Michigan no-fault insurance laws for these motorcycle insurance claims can be complex and confusing.  In order to receive insurance benefits, the bicycle must be insured with liability coverage. It is not required that the bike have no-fault insurance benefits.

Once insurance for the claim is verified, the accident and injuries must “arise” from another motor vehicle, which would be either a car or truck. In many instances, there would be actual contact or a collision between a motor vehicle and the motorcycle. This clearly satisfies the “arise” requirement to qualify for No-Fault benefits.

However, many Michigan motorcycle accident insurance companies and attorneys do not know that there does not have to be actual contact with the motor vehicle to have the accident “arise” from the use of a motor vehicle. There is no requirement that the motorcycle actually collide with or be struck by either a car or truck, but rather that there was some involvement with the motor vehicle that caused the accident.

For example, if the motorcycle was forced off of the roadway by a motor vehicle, the accident would arise from the use of a motor vehicle. Or, if two motorcycles collided because a truck unlawfully entered into a lane of traffic and caused the bikers to collide, it would arise from the use of a motor vehicle. This is a very important distinction which must be evaluated on a case by case basis.

Sec. 658. (1) A person propelling a bicycle or operating a motorcycle or moped shall not ride other than upon and astride a permanent and regular seat attached to that vehicle.

(2) A bicycle or motorcycle shall not be used to carry more persons at 1 time than the number for which it is designed and equipped.

(3) A moped shall not be used to carry more than 1 person at a time.

(4) A person operating or riding on a motorcycle, and any person less than 19 years of age operating a moped on a public thoroughfare shall wear a crash helmet on his or her head. Crash helmets shall be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.315. Rules in effect on June 1, 1970, shall apply to helmets required by this act. This subsection does not apply to a person operating or riding in an autocycle if the vehicle is equipped with a roof which meets or exceeds standards for a crash helmet.

(5) A person operating or riding in an autocycle shall wear seat belts when on a public highway in this state.

Motorcylists are very knowledgable and obey the rules of the road. Their injuries and accidents are typically the result of careless motorists and truck drivers who ignore their rights.

DO I HAVE A MICHIGAN MOTORCYCLE ACCIDENT CASE?

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