MICHIGAN MOTORCYCLE ACCIDENTS
COMMON SCENARIOS

What insurance do you turn to if you are injured when riding a motorcycle in Michigan?
Here are the three most common scenarios.

Scenario 1:
Motorcycle accident  and no car or truck is involved:  if the motorcyclist is involved in an accident, for example, losing control of the motorcycle, falling, or hitting a tree, then he or she is not entitled to no fault benefits as set forth in MCL 500.3107 because a motorcyclist is not considered a motor vehicle.

Scenario 2:
Pedestrian/motorcycle accident: A pedestrian injured by a motorcycle is also not entitled to Michigan No Fault insurance benefits.  The motorcyclist who is involved in a motorcycle accident with a pedestrian will likewise not be entitled to collect no fault benefits.

Scenario 3:
Motorcyclist is involved in an accident with a motor vehicle: If the motorcyclist can show he was involved in an accident while riding his motorcycle with a motor vehicle such as a car or truck, however, he will be entitled to Michigan No Fault benefits.
 

When a motorcycle is involved in a motorcycle accident with an automobile, the motorcyclist will usually receive no fault PIP benefits from the insurer of the auto the motorcyclist was involved in the accident with and not from the motorcycle (almost no motorcyclists in Michigan carry the optional PIP no fault coverage, which is usually purchased in increments of $5000).

There is however an important exception to this will be under MCL 500.3113(b).  An owner or registrant of a motorcycle involved in a motorcycle accident will still be denied Michigan No Fault insurance benefits if he or she holds legal title to the motorcycle or motor vehicle, and is involved in a motorcycle accident with a motor vehicle, but the motorcyclist does not have insurance required under the Michigan No Fault Act. 

This exception is limited only to the titled owner of a motorcycle, and will not apply to other users.

This also will not affect the ability of a motorcyclist injured in a car or truck accident in Michigan to sue for his injuries against the negligent driver of the car or truck that caused his motorcycle accident. 

In summary, a motorcyclist who is injured in an accident on his or her motorcycle with another car or truck in Michigan is entitled to receive PIP no fault benefits under Michigan law, even though the motorcyclist is not required to have Michigan PIP no fault insurance for his motorcycle.  The exemption for no fault insurance for motorcycles does not preclude a motorcyclist from receiving no fault benefits from the car or truck that was involved in the accident with the motorcycle as the motor vehicle was “involved in the accident” within the meaning of MCL 500.3105 and the personal injuries occurred as a result of the operation of the car or truck involved in the motorcycle accident.  In other words, the motorcyclist is receiving no fault benefits under the car or truck’s no fault insurance policy, and not under their own insurance policy.