A Loophole in Michigan State No-fault Law Affects Motorcycle Riders & Passengers
A Loophole in Michigan State No-fault Law Affects Motorcycle Riders & Passengers
Motorcycles are not considered motor vehicles under Michigan's no-fault laws; therefore, riders and passengers are treated differently than all other people injured in motor vehicle accidents.
In a car accident, whether involving a driver, passenger, pedestrian, or bicyclist, no-fault insurance benefits apply. These benefits may include coverage for medical expenses, lost wages, and other services, regardless of who caused the accident.
However, motorcycle accidents work differently: the rider and any passengers must rely on the insurance coverage of the other vehicle involved. If that driver’s policy has lower limits than motorcyclist’s own, the rider and passengers are stuck with the lower coverage.
This becomes an even bigger issue when it comes to medical bills after a crash. For example, if a motorcyclist has unlimited medical coverage on their own policy but is hit by a driver with only $50,000 in coverage, they’re limited to that $50,000 instead of their own unlimited benefits.
This loophole arose from the changes made to Michigan’s no-fault law in 2019. Action is needed to amend the law and ensure motorcyclists and their passengers are treated fairly.
Under the new law, a crash with an under-insured driver can leave motorcyclists facing a serious financial burden for medical expenses. Riders and passengers must take every precaution to protect themselves and minimize the risks created by this law.
If you or a loved one has been involved in a motorcycle crash, turn to an attorney who understands Michigan’s no-fault insurance system. At Moss & Colella, we bring the experience, dedication and proven results needed to stand up for injured riders and fight for the compensation they deserve.
Beyond seeking justice, we urge everyone to push for change. The current law — 1956 PA 218, specifically section 3114 (MCL 500.3114) as amended by 2019 PA 21 — must be revised to fix these problems. Push for change by contacting state representatives and senators and demanding action. A legislative amendment is needed to close this loophole and finally ensure fair treatment for motorcyclists under Michigan’s no-fault laws.
Contact Moss & Colella today at (248) 945-0100 if you have been involved in a motorcycle accident.
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