No-Fault insurance benefits refer to the entitlements granted under Michigan law, irrespective of liability, to individuals who have sustained injuries in a motorcycle accident associated with the possession, operation, maintenance, or utilization of an automobile, such as a car or truck. The pivotal requirement is that the motorcycle accident must have some form of involvement with an automobile, as the No-Fault insurance benefits are typically derived from a Michigan automobile insurance policy. These benefits encompass wage loss benefits for the initial three years subsequent to the accident, aid with household chores during this same period, unlimited lifetime coverage of medical expenses, mileage compensation for transportation to and from medical appointments, attendant care, and additional benefits like modifications to one’s home or vehicle.
Which types of accidents are eligible for obtaining No-Fault Insurance Benefits?
The most common scenario is when an individual sustains injuries in a motorcycle collision involving a car or truck. It is not obligatory for physical contact to occur between the motorcycle and the automobile, as long as there exists a causal connection between the motorcycle accident and the involvement of an automobile. For instance, if one were riding a motorcycle on a highway and a truck entered their lane, causing them to be forced off the road without direct contact with their motorcycle, they would still be entitled to receive Michigan No-Fault Benefits.
If a motorcycle accident occurs without the involvement of any automobiles, such as cars or trucks, you will not qualify for Michigan No-Fault benefits. However, you may still be eligible for medical benefits through your motorcycle insurance policy, although these benefits are typically limited in scope. Specifically, they fall under what is known as “Med Pay” coverage.
Determining whether or not you are eligible to receive No-Fault Insurance Benefits after being involved in a motorcycle accident is a highly complex matter. Therefore, it is strongly advised that you promptly seek legal counsel from an attorney to ascertain your eligibility for such benefits. Consulting with an attorney immediately after a motorcycle accident is essential in order to navigate this intricate process effectively and determine your eligibility for No-Fault Insurance Benefits.
You may obtain these benefits by submitting an Application for NoFault Benefits to the appropriate insurance company responsible for paying your claims.
In the event that you were injured due to your own fault and caused the accident, you are still entitled to receive all eligible benefits. This remains true even if you caused harm to another individual or if you were under the influence of alcohol or drugs at the time of the incident. It is important to note that your benefits cannot be denied by an insurance company solely based on the fact that the accident was your fault.
To qualify for Michigan No-Fault Insurance benefits, it is essential that your motorcycle is insured.
This can be achieved by obtaining basic motorcycle liability insurance, also referred to as Personal Liability and Property Damage (PLPD) insurance. It is worth noting that medical coverage is optional under a motorcycle insurance policy.
The type of insurance required for your motorcycle registration with the Secretary of State is the same as the one needed to receive Michigan No-Fault Benefits. Therefore, it is crucial to ensure that your motorcycle is properly insured. Failure to do so will result in the disqualification from receiving Michigan No-Fault benefits.
YOU ARE UNDER NO OBLIGATION TO BUY THE
ADDITIONAL MEDICAL COVERAGE INCLUDED IN YOUR
MOTORCYCLE INSURANCE POLICY TO BE ELIGIBLE
FOR MICHIGAN NO-FAULT BENEFITS.
What happens if I am riding an uninsured
motorcycle that belongs to someone else?
If you have been given permission by the owner of the motorcycle to operate it, you have the right to receive Michigan No-Fault benefits if the motorcycle is involved in an accident with a car, regardless of its lack of insurance.
It is important to emphasize that owners who do not have insurance on their own motorcycles will not be eligible to receive Michigan No-Fault Benefits.
If I am injured as a passenger on someone else’s motorcycle due to the negligence of the operator, what are my rights?
In the event of a single motorcycle accident with no involvement of an automobile, you are not eligible to receive Michigan No-Fault benefits. However, you might qualify for limited medical benefits under a motorcycle insurance policy. Additionally, you may have the option to pursue a negligence claim against the motorcycle operator. Please refer to a previous chapter for further information on this type of claim.
If I am an operator or passenger on a motorcycle and sustain injuries due to the negligence of another motorcycle rider, a question arises regarding the available legal remedies.
In situations where no automobile is involved in the accident, it is important to note that Michigan No-Fault benefits cannot be claimed. However, there might be a possibility of receiving limited medical benefits through a motorcycle insurance policy. Additionally, it may be feasible to pursue a negligence claim against the at-fault motorcycle operator. Please refer to a previous chapter for further information regarding this type of claim.
Determining the suitable insurance company to file your claim with can be a complex matter. However, under the No-Fault law, a systematic approach is in place to identify the insurance company responsible for covering your benefits.
This determination relies on various factors, including the presence of insurance on the involved automobile. Additionally, it hinges on whether you possess your own No-Fault insurance policy or were residing with a relative who held an automobile insurance policy at the time of the accident. Given the stringent time constraints for filing insurance claims, it is strongly advised that you promptly engage an experienced attorney. Their expertise will aid in discerning the insurance company obligated to provide your No-Fault benefits.
There is a time limit for filing your claim. You are required to submit a written Application for No-Fault Benefits to the relevant insurance company responsible for paying your claims within one year of the accident. Failure to do so will result in your inability to obtain No-Fault Benefits.
In addition, any written claims for wage loss benefits, medical expenses, household services, and other no-fault benefits must be sent to the appropriate insurance company within one year of the expense date. Failure to meet this deadline will prevent you from obtaining any recovery or reimbursement for the claim or expense.
No, it is not necessary to engage a lawyer in order to file a claim.
You have the option to independently submit an Application for No-Fault Benefits and pursue claims for wage loss benefits, medical expenses, household services, and other relevant no-fault benefits. In many cases, the insurance company will voluntarily provide the benefits owed to you even without the involvement of an attorney.
However, it is important to be aware that the insurance adjuster may not disclose all the benefits that you are entitled to receive from the insurance company. Additionally, there is a possibility that the insurance adjuster may not fully compensate you for the benefits you are rightfully owed.
Given this, I recommend seeking the guidance of an attorney even if you are handling your own claims for No-Fault Benefits. Consulting an attorney will help you understand your rights as per Michigan law.
If the insurance company fails to pay my benefits, what actions should I take?
It is advisable, in accordance with strict time constraints prescribed by Michigan law, that you promptly seek legal counsel should your benefits remain unpaid by the insurance company.
There is a time limit for filing a lawsuit.
If the claims are presented within one year but remain unpaid by the insurance company within that one-year period, it will be necessary to initiate legal proceedings to safeguard your claim. In the case of a lawsuit against your insurance company for No-Fault benefits, it is crucial to file within ONE YEAR from the date when the last unpaid No-Fault benefit was incurred. Failure to submit your lawsuit within this one-year timeframe will result in the forfeiture of your right to receive payment for the benefit or expense.