Motorcycle Accident Statute Of Limitations In Michigan
The deadlines injured motorcyclists have to file different motorcycle accident claims vary. There are two types of claims a motorcycle accident lawyer can make for a person who has been in a motorcycle crash with another automobile:
- Third-party claim, also called a negligence claim or a tort claim: A lawsuit that’s filed against the negligent driver responsible for causing a motorcycle accident in Michigan. The damages available in a third-party claim following a motorcycle crash include pain and suffering damages and excess economic benefits. The statute of limitations to make a third-party claim is three years from the date of the motorcycle accident.
- First-party claim, also called a No-Fault or personal injury protection (PIP) claim: A lawsuit between the motorcycle accident victim and his insurance company responsible for No-Fault benefits, also called personal injury protection (PIP) benefits. These benefits include medical expenses related to the auto accident, wage loss for the first three years following the accident, household replacement services (chores/help with children), payment for mileage to and from medical appointments and attendant care, also referred to as nursing services. The statute of limitations to make a first-party claim is one year from the date of the motorcycle accident.
When a motorcycle accident is caused by the negligence of a car or truck driver who is never identified, an uninsured motorist claim for injuries may be required. With an uninsured motorist claim, an injured motorcyclist turns to his own auto insurance company to pay what would have been recovered from the at-fault driver, had that person been properly covered. Uninsured motorist claims are contractual, not statutory, so the statute of limitations will vary greatly, depending on the insurance company and the language of the uninsured motorist contract. Some contracts have one-year provisions and some have three-year provisions, while some have separate and independent notice provisions to contact the insurance company.
The best advice we can give you is to review your insurance policies extremely carefully. For more information, read about third and first party lawsuits and insurance for motorcyclists. It’s also important to speak with an experienced motorcycle accident lawyer, who can review the applicable filing requirements and various statutes of limitations that may apply to your motorcycle accident.
Our Motorcycle Accident Lawyers Can Help You
Michigan Auto Law has been exclusively handling auto negligence cases, including hundreds of motorcycle accident cases, for more than 50 years and three generations. We can help Michigan motorcycle accident victims and their family members better understand motorcycle insurance laws and what happens after someone has been seriously injured or wrongfully killed in a crash. If you have questions or wish to speak to a motorcycle accident lawyer directly, please call us at (800) 777-0028 for a free case evaluation.
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