It is very important to know the accident laws of your state so that you don’t miss out on the deserved compensation. In the state of Michigan, you have the right to sue the negligent party if you were the victim of a motorcycle accident. The laws relating to Motorcycle accidents are actually quite similar to the laws relating to auto accidents. However, in order to claim the damages, the onus is on you to prove that you have suffered a serious injury to one of your body parts. In case of death of the victim, someone can file the claim on behalf of him. However, in order for your claim to be successful, you will also have to proof that you were not more than 50% responsible for the accident. If you were more than 50% responsible for the death, then you cannot claim damages.
No Fault Claim
The refers to the deal between the victim of the accident and the insurance company of the vehicle causing the accident. In this case, you will be paid various expenses like all the medical charges which you had to incur because of the accident. In case you were unable to work because of the accident, you are also entitled to get 3 years of wage following the year of the accident. Apart from that, you are also eligible to get other benefits such as nursing services. However, there are a few conditions which needs to be met before you claim for the benefits. First, the motorcycle causing the accident should be defined as a ” motor vehicle” as per the necessary laws. If you collide with a tree or any other fixed object such as pole, you won’t get any benefits. Apart from that, you will have to file the claim within one year from the date of the accident.
Third Party Claim
This refers to a claim which is filed against the driver of the vehicle for rash driving. In this case, you will be entitled to receive suffering damages and various other economic benefits. In order to claim compensation, you will have to file the claim within 3 years from the date of the accident.
In case your motorcycle gets damaged during the collision, then you don’t have the right to sue for damages. In order to claim for the damages, you must have a collision insurance with you.
Hit and Run Case
In case you are involved in a Hit and Run accident, you will have to file an Uninsured Motorist claim. Since, in such cases, the driver of the motorcycle cannot be identified, you will have to file a claim against the owner’s uninsured motorist policy. The time limit for such a case is within 3 years from the date of the accident.
Accident Because of Roadway Problem
In case you are the victim of an accident which is caused by maintenance work or any other road hazard, then you have to file a claim against the government body which has that areas jurisdiction. In case it lies within the state of Michigan, the deadline to sue is within 6 months and for other places, you have to file the claim within 120 days.
As per the Michigan law, if you are above 21 years of age and you have the necessary certifications, then it is not mandatory to wear a helmet. The law also requires you to purchase 20000 Dollar worth of insurance benefits. However, if you look from the view point of insurance claims, then you should always wear a helmet while riding because it can influence the amount of your compensation. If it is proved that not wearing a helmet has resulted in more injuries, then you will receive less amount of money.
Necessary Insurance Which Everyone Should Have
As per the Michigan law, it is mandatory to purchase the basic liability coverage which must meet the minimum level. Apart from that, you also have the option of purchasing additional insurance options like PIP which has various other benefits like protection against wage loss. It is also advisable to purchase Uninsured Motorist (UM) option which will protect you in case you are involved in an accident against someone who is not insured or under insured.