Michigan Motorcycle Accident Repair and Damage Claims
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by: kfish
Word Count: 1193
Date: Tue, 31 May 2011 Time: 3:02 PM
A common question asked to our Michigan motorcycle accident attorneys is, “Who has to pay for the repair and damages to my motorcycle?” The short answer to this is usually your own motorcycle insurance pays for the damages. The long answer has two parts. First, if the motorcycle accident is with an automobile. When the accident is with an automobile the at-fault drive and owner of the automobile is not responsible for any damages done to your motorcycle, not even you’re deductible. However, if you want compensation then for the repairs and damages done to your motorcycle, you should contact your insurance company and purchase Collision Insurance.
Second, if the motorcycle accident is with another motorcycle. In this case the at-fault driver and owner of the motorcycle is responsible for the repairs and damages of your motorcycle. Overall, the amount you must pay out of pocket depends on the amount of coverage you purchased and the amount of your deductible.
Well, under the Michigan No-Fault Act a motorcycle is not considered to be a motor vehicle (an automobile, car, or truck). Therefore, an at-fault driver and owner of a motorcycle does not have No-Fault immunity. Moreover, regardless of the other vehicle being an automobile or a motorcycle, you can be liable for the damages and repairs to the other vehicle. Luckily, the damages and repairs to the other person’s vehicle will be covered by your insurer, up to the property damage limits of your policy, but only if you purchased the required insurance for your motorcycle.
Similar to the first paragraph, compensation works slightly differently depending on if the other vehicle was an automobile or a motorcycle. For both, the driver of the other vehicle needs to be at-fault. However, in addition to this, if the other driver is driving an automobile then you need to have sustained a serious injury as well. In both types of accidents this applies for the driver of the motorcycle and/or the passenger on the motorcycle.
“Serious” is a very loose term and its definition varies from case to case. Some examples of possible qualifying injuries are listed bellow.
- Fractured and broke bones
- Back and neck injuries, like herniated and bulging discs
- Nerve damage
- Injuries that require surgery or substantial treatment
- Closed head and traumatic brain injuries
- Spinal cord injuries
- Psychological injuries, like depression and post-traumatic stress disorder
- Injuries which cause disability from work and daily activities
Daniel Buckfire is the first Michigan motorcycle accident lawyer to author the only book ever written for motorcycle accident victims in Michigan, "The Ultimate Michigan Motorcycle Accident Handbook." His book is a practical guide to understanding your legal rights after being injured in a motorcycle accident. Click Here to order this book for free.
Contact a Michigan motorcycle accident lawyer who understands the special circumstances and needs of motorcycle riders. Individuals injured in a motorcycle accident should contact the Michigan motorcycle accident attorneys at Buckfire & Buckfire, P.C., to schedule a free initial consultation at 800-606-1717. Our office will start working on your case immediately and begin gathering the witness statements and evidence to prove and win your case.
About the Author
Our Michigan motorcycle accident lawyers represent bikers and passengers in motorcycle accidents throughout the state of Michigan.
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