When Can An Uninsured Motorcyclist Claim Damages For Personal Injuries And/or Personal Injury protection benefits
Our firm recently defended a claim brought by an uninsured motorcyclist who was struck by our client who was operating his own motor vehicle. The first question which needed to be answered was whether the motorcyclist could sustain claims for bodily injury (non-economic, pain and suffering) damages and/or damages for personal injury protection benefits (economic damages such as medical expenses, wage loss, and replacement services).
In Michigan, a person operating his or her own motor vehicle without auto insurance cannot bring a claim for bodily injury damages against an at-fault driver. MCL § 500.3135(2)(c). However, a motorcycle is not considered to be a “motor vehicle.” Thus, Michigan law has determined that an uninsured motorcyclist can bring a claim for bodily injury (non-economic, pain and suffering) damages against the at-fault driver of a motor vehicle.
Normally, if a motorcyclist suffers a personal injury after being struck by a motor vehicle, the auto insurer of that motor vehicle must pay the motorcyclist’s economic damages (medical expenses, wage loss, and replacement services) without regard to who was at-fault. MCL § 500.3114(5). But if the motorcyclist did not have the required insurance for bodily injury or property damage required by MCL § 500.3103, the failure to have insurance precludes the motorcyclist from making claims against the at-fault driver for personal injury protection benefits which would include medical expenses, wage loss, and replacement services. A person is not entitled to be paid personal protection insurance benefits for accidental bodily injuries if at the time of the accident he was the owner or registrant of a motorcycle involved in an accident with respect to which the proper insurance on the motorcycle was not in place. MCL § 500.3113(b).
The motorcyclist in the case that our law firm recently defended was entitled to make a claim for his bodily injury (non-economic, pain and suffering) damages. However, the motorcyclist could not make a claim against our client for his personal injury protection benefits (economic damages including medical expenses, wage loss, replacement services).
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents litigants in complex, high severity civil liabilitylitigation across Michigan. His practice areas include automobile and trucking negligence claims, insurance litigation, premises liability, motor carrier liability, commercial litigation, construction defect litigation, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogationclaims, workers’ compensation, employment law, and marine liability.
Mr. Angelas practices in all state and federal courts in Michigan, including WayneCounty (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac),Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007). When an accident requires an immediate response to protect evidence, members of the firm quickly launch aninvestigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
