Michigan Motorcycle Accident PIP Benefits: Who Pays Your Medical Bills?
If you were injured in a motorcycle accident in Michigan, figuring out who pays your medical bills can be surprisingly complicated. Michigan's no-fault law treats motorcycles differently from cars and trucks, and the insurance company responsible for PIP benefits may not be your motorcycle insurance company.
In many motorcycle accidents involving a car or truck, the injured motorcyclist can qualify for Michigan no-fault Personal Injury Protection (PIP) benefits. But eligibility depends on how the accident happened, what vehicles were involved, what insurance policies apply, and whether the motorcycle owner maintained the insurance required by Michigan law.
Do Motorcycles Have PIP Insurance in Michigan?
Generally, a standard Michigan motorcycle insurance policy does not provide the same PIP coverage that is included with Michigan automobile no-fault insurance.
That does not mean a motorcyclist cannot receive PIP benefits.
When a motorcycle rider or passenger is injured in an accident involving a motor vehicle, such as a car, pickup truck, SUV, or commercial vehicle, Michigan's No-Fault Act provides a special system for determining which insurer is responsible for PIP benefits.
Who Pays PIP Benefits After a Michigan Motorcycle Accident?
Under MCL 500.3114(5), an injured motorcycle operator or passenger generally claims PIP benefits from insurers in the following order:
The insurer of the owner or registrant of the motor vehicle involved in the accident;
The insurer of the operator of the motor vehicle involved in the accident;
The motor vehicle insurer of the motorcycle operator; and
The motor vehicle insurer of the owner or registrant of the motorcycle.
This rule produces a result that surprises many injured riders.
If a driver runs a red light and hits your motorcycle, for example, the first insurer to investigate for PIP benefits will ordinarily be the insurer of the owner or registrant of the car involved in the collision.
Importantly, PIP benefits are no-fault benefits. The question of which insurer owes PIP benefits is different from the question of who caused the motorcycle accident.
What Does Michigan Motorcycle PIP Cover?
When available, Michigan PIP benefits can provide important financial protection after a serious motorcycle accident.
Depending on the circumstances and applicable policy limits, PIP benefits may include:
Reasonable and necessary accident-related medical expenses;
Hospital and surgical expenses;
Physical and occupational rehabilitation;
Prescription medications and medical equipment;
Attendant-care benefits;
Wage-loss benefits; and
Replacement-service benefits.
The amount of PIP medical coverage available to a motorcyclist can depend on the coverage applicable under the auto insurance policy responsible for the claim.
What If the Driver Who Hit My Motorcycle Has Limited PIP Coverage?
Michigan's 2019 no-fault reforms allow motorists to select different levels of PIP medical coverage in qualifying circumstances.
Those coverage selections can directly affect injured motorcyclists.
A motorcyclist seeking benefits through the insurer of a motor vehicle involved in the crash may be subject to the applicable PIP medical limit. As a result, determining the available PIP coverage limit should be one of the first steps in investigating a serious Michigan motorcycle accident.
This can become particularly important when injuries require surgery, hospitalization, inpatient rehabilitation, long-term attendant care, or other expensive medical treatment.
What If There Is No Available PIP Insurance?
In some circumstances, an injured motorcyclist may be able to pursue PIP benefits through the Michigan Assigned Claims Plan (MACP) when no applicable PIP coverage is available through the statutory order of priority.
Claims through the MACP are subject to special requirements and limitations, including limits on available medical benefits.
Because strict notice and filing deadlines may apply, an injured rider should not wait to determine which insurance company is responsible.
Can I Get PIP Benefits If My Motorcycle Was Uninsured?
This is one of the most important exceptions under Michigan motorcycle accident law.
Under MCL 500.3113(b), if the injured person was the owner or registrant of the motorcycle involved in the accident and the insurance security required by Michigan law was not in effect, that person is generally disqualified from receiving PIP benefits.
This can apply even when the other driver was completely responsible for causing the collision.
For example, suppose you own an uninsured motorcycle. A driver crosses the centerline and strikes you head-on. Even though the automobile driver caused the accident, your failure to maintain the insurance required on your motorcycle may prevent you from collecting PIP benefits.
The result can leave an injured motorcyclist facing substantial unpaid medical expenses.
Does Having No PIP Benefits Mean I Cannot Sue the At-Fault Driver?
Not necessarily.
Losing eligibility for PIP benefits is different from losing your entire motorcycle accident claim.
An injured motorcycle rider may still have a third-party negligence claim against the driver who caused the accident. Depending on the facts and injuries, recoverable damages may include pain and suffering, disability, loss of enjoyment of life, scarring or disfigurement, and certain economic damages.
Michigan law also permits recovery of certain allowable medical expenses as third-party economic damages under MCL 500.3135(3)(c).
The interaction between that provision and a motorcyclist who is disqualified from PIP because the motorcycle was uninsured presents a complicated legal issue. The availability of medical-expense damages should therefore be evaluated separately from PIP eligibility rather than assuming that losing PIP automatically eliminates every claim for medical expenses.
What If I Have My Own Auto Insurance?
Your own automobile insurance can sometimes become relevant after a motorcycle accident.
Under Michigan's statutory priority rules, however, the insurer of the motor vehicle involved in the accident generally comes before the motorcycle operator's own motor vehicle insurer.
That means you should not assume that your own auto insurer—or your motorcycle insurer—is automatically responsible for your medical bills.
Every potentially applicable insurance policy should be identified and reviewed.
What If I Was a Passenger on the Motorcycle?
Motorcycle passengers may also qualify for PIP benefits when they are injured in a crash involving a motor vehicle.
The analysis can differ significantly from a claim involving an owner who was operating his or her own uninsured motorcycle. In particular, the statutory disqualification applicable to an owner or registrant of an uninsured motorcycle does not automatically apply simply because someone was riding as a passenger.
The ownership, registration, insurance status, and applicable auto policies should all be investigated.
What Should I Do After a Michigan Motorcycle Accident?
After receiving necessary medical treatment, preserve information that may establish both liability and insurance coverage.
Obtain the police report, photograph the motorcycle and other vehicles, preserve insurance information, identify witnesses, keep medical bills and records, document time missed from work, and determine who owned and insured every motor vehicle involved in the collision.
Insurance priority and filing deadlines can make early investigation particularly important in motorcycle cases.
Michigan Motorcycle PIP Claims Can Be Complicated
Motorcycle accidents occupy a unique place under Michigan's no-fault system.
A rider may qualify for PIP benefits even though the rider's motorcycle policy does not itself provide traditional PIP coverage. The responsible PIP insurer may actually be the insurance company covering the car or truck involved in the collision.
At the same time, an owner who failed to properly insure the motorcycle may lose PIP eligibility even when another driver caused the accident.
For those reasons, a serious motorcycle accident should be evaluated for both PIP benefits and a third-party claim against the at-fault driver. Losing one source of recovery does not necessarily mean that every other claim is lost.
Frequently Asked Questions About Michigan Motorcycle PIP Benefits
Can I get PIP benefits after a motorcycle accident in Michigan?
Potentially. If the accident involved a motor vehicle, Michigan law provides a special order of priority for determining which insurer is responsible for PIP benefits.
Does my motorcycle insurance pay Michigan PIP benefits?
Generally, motorcycle insurance does not provide traditional Michigan no-fault PIP coverage. PIP benefits after a motorcycle-versus-car accident ordinarily come through an applicable motor vehicle insurance policy.
Whose insurance pays first when a car hits a motorcycle?
Under MCL 500.3114(5), the first priority is generally the insurer of the owner or registrant of the motor vehicle involved in the accident.
Can I receive PIP if I owned an uninsured motorcycle?
Generally no. MCL 500.3113(b) can disqualify an owner or registrant from PIP benefits when the required insurance security was not in effect on the motorcycle.
Can I still sue the driver who hit me if my motorcycle was uninsured?
Potentially, yes. PIP eligibility and third-party tort liability are separate legal issues. Depending on the circumstances, an uninsured motorcycle owner may still have claims against the negligent driver.
Who pays medical bills after a Michigan motorcycle accident?
The answer depends on the vehicles involved, applicable insurance policies, PIP coverage limits, motorcycle ownership and insurance status, and potential third-party liability. A complete insurance-coverage investigation is necessary to identify every possible source of recovery.