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Michigan Motorcycle Accident Settlement FAQs

September 7, 2022 by Steven M. Gursten

Motorcycle Accident Settlement: Frequently Asked Questions

Many factors will affect a Michigan motorcycle accident settlement. Key settlement amount drivers include the nature and seriousness of injuries, past treatment and future medical needs, how your injuries have affected your life, and the at-fault driver’s liability policy limits. You can be certain that a fair settlement will often be far more than what the insurance company is voluntarily offering.

To find out how much your case may be worth, use our accident settlement calculator or call us for a free consultation with one of our experienced attorneys.

How much is a good settlement for a motorcycle accident in Michigan?

A good settlement for a motorcycle accident in Michigan will include the amount necessary to fairly and fully compensate you for your personal injuries and the pain and suffering that an at-fault driver’s negligence has caused you. Depending on the No-Fault medical coverage available to you, a good settlement may also include medical bills and excess or future medical benefits and future economic loss.

The factors that will affect the value of your settlement include: (1) your injuries; (2) your current and future medical needs; (3) your total time off work and related restrictions and any work disability; (4) whether your injuries caused you to suffer a serious impairment of body function under Michigan’s auto accident threshold law; and (5) the at-fault driver’s liability limits, available collectible personal assets, and the insurance company involved.

What is the average settlement for a motorcycle accident in Michigan?

Unfortunately, there is no public or private database that collects, analyzes and publishes information about the average settlement for a motorcycle accident in Michigan. Similarly, no such database exists for car accidents or truck accidents either.

However, with 20 lawyers who exclusively handle only automobile crash cases in Michigan, which over the last 50 years has included helping hundreds of serious motorcycle crash cases, our experienced attorneys are likely in a better position than perhaps any other personal injury law firm in the state to understand the range of what an average settlement will be based on where the crash occurred (what venue) and based upon the settlement factors discussed above.

What is a fair settlement for a motorcycle accident in Michigan?

A fair settlement for a motorcycle accident in Michigan is almost always going to be considerably more than what the at-fault driver’s insurance company is voluntarily offering you. Most claims adjusters will attempt to contact you before you have hired a lawyer. Many insurers in Michigan pay bonuses to claims adjusters who can settle cases before an injured person hires a lawyer, hoping to get you to agree to a “low-ball” offer that is well below what your case is actually worth.

The reason for these bonuses and incentives is clear: the insurance industry’s own data shows that claims that involve an attorney settle, on average, for 4x more than claims that do not involve an attorney. Cases involving experienced motorcycle accident lawyers with a demonstrated track record of success will settle for considerably more than this “average” motorcycle accident settlement, which includes lawyers who frankly settle cases for much lower than they should and who do not understand motorcycle injury cases, and often who do not even regularly practice personal injury law. .

Having an experienced attorney representing you helps ensure that you will actually receive the fair settlement that you are legally entitled to. Motorcycle accident and injury attorneys with this track record of success and a reputation for trying cases can often settle cases for more money and far faster than general practice lawyers.

How to receive pain and suffering compensation for your injuries

You may receive pain and suffering compensation for your injuries in one of four ways: (1) a settlement before any motorcycle accident lawsuit has been filed; (2) a settlement during a lawsuit but after discovery and depositions have been done; and (3) a settlement at some point before trial, such as during a case evaluation, facilitation, mediation, or alternative dispute resolution, or if it goes to trial, at some point during the trial but before a trial verdict is returned by a jury; or (4) by a jury who has ruled in your favor after hearing your case and after it has gone through trial and to a jury to determine a verdict.

To recover pain and suffering compensation in your motorcycle accident settlement, you must be able to prove that: (1) the at-fault driver who hit you was negligent in causing the motorcycle crash and is responsible for your injuries; and (2) your accident-related injuries caused you to suffer a “serious impairment of body function” under Michigan’s auto threshold law.

This is Michigan’s legal tort threshold which all crash survivors must meet in order to have the right to sue an at-fault driver for pain and suffering compensation.

A “serious impairment of body function” is defined as an impairment of an important body function that affects a person’s “general ability” to “to lead his or her normal life.” (MCL 500.3135(5))

How to receive Michigan No-Fault benefits

As long as there was a car or truck or some type of motor vehicle that was involved in your motorcycle accident, you may be able to receive Michigan No-Fault benefits to pay for your accident-related medical bills and lost wages. Within one (1) year of the crash, you must file your application for No-Fault benefits with the responsible auto insurer.

The auto insurance company responsible for paying your No-Fault benefits may be:

  • The “insurer” of the owner of the motor vehicle involved in the accident and, then, the “insurer” of the vehicle’s operator. (MCL 500.3114(5)(a) and (b))
  • Then the “motor vehicle insurer of the motorcyclist operator involved in the accident,” followed by the “motor vehicle insurer” of the motorcycle’s owner or registrant. (MCL 500.3114(5)(c) and (d))
  • If no insurance coverage is available through any of these sources for the motorcyclist, then an injured motorcyclist will have to file a claim for No-Fault benefits with the Michigan Assigned Claims Plan. (MCL 500.3114(6))

How long does a settlement take?

There is no set amount of time for a Michigan motorcycle accident settlement, but in addition to the factors discussed above, these additional facts will impact how long your case will take to settle: (1) the filing and serving the lawsuit and the speed of the trial courts to hear cases in the venue the case is filed; (2) deposing the at-fault driver, experts and witnesses; (3) case evaluation; (4) facilitation; and (5) settlement conferences.

Our top motorcycle settlement amounts won

Our experienced lawyers are dedicated to helping injured motorcyclists obtain the best possible motorcycle accident settlements in their cases, and our proven results and track record is why Michigan Auto Law receives more referrals for motorcycle crash cases than any other lawyer or law firm in the state.

Here are just a few examples of our successes.

  • $6.2 Million – Michigan Auto Law attorneys settled a wrongful death case involving a negligent driver causing the death of a motorcyclist.
  • $1.25 Million – Michigan Auto Law attorneys obtained this pre-suit settlement in Kent County for a motorcyclist who suffered severe injuries as a result of a collision caused by a motorist who failed to yield the right of way.
  • $1.1 Million – Michigan Auto Law attorneys settled a case for a victim who needed Michigan attendant care benefits which the insurance company was refusing to pay.
  • $1 Million – Michigan Auto Law attorneys settled a Wayne County a case for a motorcyclist who suffered a neck injury, a left knee dislocation with ACL tear, and a mild traumatic brain injury.
  • Multiple million dollar settlements for attendant care for seriously injured motorcycle accident injury victims throughout Michigan.

To learn more about how our attorneys continue to break records for Top Michigan Settlements, click here.

Need help? Contact a Michigan Auto Law attorney now

If you have questions about how to get a Michigan motorcycle accident settlement after you were injured by an at-fault driver and you have questions about your legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, you can speak to an experienced motorcycle accident lawyer at (800) 777-0028 for a free consultation. You can also get help from an experienced auto accident attorney by visiting our contact page or you can use the chat feature on our website.

Michigan Motorcycle Accident Settlement FAQs

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