A motorcycle accident lawsuit in Michigan runs on rules that treat riders differently from car drivers at almost every step. Your medical bills are paid through Personal Injury Protection benefits only if a car or truck was involved in the crash, and those benefits come from the other vehicle’s insurer under a strict priority order. To sue the at-fault driver for pain and suffering, you must clear the serious impairment threshold. And several deadlines, some as short as 60 days, can end your case before it starts.
Who Pays Your Medical Bills
Under Michigan’s No-Fault Act, a motorcycle is not a “motor vehicle.” That single classification drives most of what follows. Motorcyclists do not automatically receive PIP benefits the way people in cars and trucks do.1State of Michigan. Auto Insurance Q&A for Michigan Consumers
Whether you get PIP at all depends on what you hit or what hit you. If a car, truck, or other insured motor vehicle was involved, you are entitled to PIP benefits, but they come from the motor vehicle’s insurer, not your own motorcycle policy. If no motor vehicle was involved, a single-bike crash, a deer strike, or a motorcycle-on-motorcycle collision, you have no right to PIP. Your options are private health insurance or optional medical coverage you bought with your motorcycle policy.
When a motor vehicle is involved, MCL 500.3114(5) sets the order of insurers who must pay:
- First, the insurer of the owner or registrant of the motor vehicle involved.
- Second, the insurer of the driver of that motor vehicle.
- Third, the auto insurer of the motorcycle’s operator.
- Fourth, the auto insurer of the motorcycle’s owner.
- If no coverage exists at any of those levels, you may apply to the Michigan Assigned Claims Plan for up to $250,000 in PIP benefits.
The 2019 no-fault reform matters here in a way many riders do not realize. Before July 1, 2020, PIP benefits were unlimited for life. Public Acts 21 and 22 of 2019 let motorists pick capped PIP levels as low as $50,000 or $250,000. Because you draw PIP from the other driver’s policy, you are bound by whatever level that driver chose. Unlimited coverage on your own car policy does not help. If the vehicle that hit you carried a $250,000 cap, that is your ceiling.2Sinas Dramis Law Firm. New Auto No-Fault Law and Motorcycles Once PIP runs out, remaining medical expenses have to come from private health insurance or a lawsuit against the at-fault driver.3State of Michigan. Auto Insurance Frequently Asked Questions
When You Can Sue for Pain and Suffering
Michigan does not let anyone injured in a motor vehicle accident sue automatically for pain and suffering, and that limit applies to motorcyclists the same as to drivers. Under MCL 500.3135, you must prove one of three things: a serious impairment of body function, a permanent serious disfigurement, or death.4Michigan Legislature. MCL 500.3135
The current standard for “serious impairment” comes from the Michigan Supreme Court’s 2010 decision in McCormick v. Carrier, which overruled the more restrictive Kreiner v. Fischer standard from 2004. Under McCormick, three requirements apply: the impairment must be objectively observable, it must affect an important body function, and it must influence your capacity to live your normal life. The court held the impairment need not be permanent, and no minimum percentage of your life must be disrupted. The Legislature codified McCormick when it amended the statute in 2019.5Michigan Supreme Court. McCormick v. Carrier, 487 Mich 180
Clear the threshold and you can pursue two categories of damages from the at-fault driver: noneconomic damages, meaning pain, suffering, and loss of enjoyment of life, and excess economic damages, meaning medical bills and lost wages beyond what PIP paid.6Auto No-Fault Law. Liability Claims in Motorcycle Accidents
How Fault Affects Your Recovery
Michigan uses modified comparative negligence under MCL 600.2959. If a jury finds you were partly responsible, your award is reduced by your percentage of fault. Cross 50% and noneconomic damages are barred entirely. Economic damages, medical bills and lost wages, remain recoverable above 50% but are still reduced proportionally.7Michigan Legislature. MCL 600.2959
Defense attorneys in motorcycle cases regularly argue the rider contributed to the crash or worsened the injuries. Speeding, lane positioning, and helmet use are common targets. Fault typically gets established through police reports, eyewitness accounts, accident reconstruction experts, and medical records.8Ratton Law Group. How Does Comparative Negligence Affect a Motorcycle Accident Claim
The Helmet Question
Michigan has no universal helmet mandate. Since April 2012, riders 21 and older may legally go without a helmet if they have held a motorcycle endorsement for at least two years or completed an approved safety course and carry at least $20,000 in first-party medical benefits coverage. Riders under 21 must wear a DOT-approved helmet.9Reizen Law. Motorcycle Accidents
Riding without a helmet, even when legal, does not disqualify you from filing a claim or receiving no-fault benefits. But insurers and defense lawyers can argue it constituted comparative negligence, especially where head injuries were worsened. Juries can reduce awards on that basis, and litigating the point often requires biomechanical or neurological expert testimony.10Sinas Dramis Law Firm. New Michigan Helmet Law11Katz Law. Motorcycle Accidents
If a Road Defect Caused the Crash
When a pothole, uneven pavement, or other roadway defect caused the wreck, you may have a claim against the responsible government agency under Michigan’s highway exception to governmental immunity (MCL 691.1402). The deadlines are unusually tight. Written notice to the State of Michigan must be filed within 120 days. For county road commissions, the window is 60 days. Miss those and the claim is generally gone.12Michigan Auto Law. Motorcycle Road Defect Claims
To win, you must show the defect existed in the “improved portion of the highway designed for vehicular travel,” that the government knew or should have known about it, and that it had a reasonable time to repair. For potholes and uneven surfaces, the defect generally must be at least two inches deep or high. A defect “readily apparent” for 30 days or longer creates a conclusive presumption that the agency knew and could have fixed it.13Katz Law. Pothole Road Defect Accidents
Damage to the Motorcycle
The mini-tort provision that lets car owners recover up to a set amount in vehicle damage from an at-fault driver does not apply to motorcycles. If your bike is damaged in a collision with an insured motor vehicle, you generally cannot recover repair costs from the at-fault driver or their insurer. You need your own collision coverage.14Sinas Dramis Law Firm. Who Pays Collision Damage
Two exceptions matter. If the vehicle that caused the damage was uninsured, its owner or operator is personally liable. And if your motorcycle was legally parked when struck, you can claim property protection insurance benefits from the motor vehicle’s insurer, covering repair costs (minus depreciation) and loss of use.
Uninsured and Underinsured Coverage
Michigan does not require motorcyclists to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage, but these optional policies are among the most important protections a rider can buy. UM pays for noneconomic damages when the at-fault driver has no insurance. UIM fills the gap when the at-fault driver’s liability limits are too low to cover your injuries, which is common given how many Michigan drivers carry minimums.15Michigan Auto Law. Michigan Motorcycle Insurance Laws and Requirements
Without UM or UIM, your only route against an uninsured or underinsured driver is to sue and pursue that person’s personal assets, which is often fruitless.
Deadlines That Can End Your Case Early
Michigan sets a three-year statute of limitations for personal injury and wrongful death claims from motorcycle accidents under MCL 600.5805. For wrongful death, the three years run from the date of death, not the date of the crash. Exceptions exist for minors, people who are mentally incapacitated, and members of the U.S. military.16David Christensen Law. Michigan Motorcycle Laws You Should Know
Other deadlines run much shorter:
- No-fault PIP applications: one year from the accident.
- Road defect claims: 120 days for state notice, 60 days for county road commissions.
- UM/UIM claims: whatever your policy’s contractual notice window says, which can be shorter still.
If the Rider Died
When a motorcycle crash is fatal, MCL 600.2922 lets the personal representative of the rider’s estate file a wrongful death lawsuit. The personal representative must be appointed by a probate court and is typically a spouse, child, or parent. All potential beneficiaries must be notified within 30 days of the filing.17Michigan Auto Law. Fatal Motorcycle Accident
Recoverable damages include medical and funeral expenses, the deceased’s pain and suffering before death, loss of financial support, and loss of companionship. Dependents may also file a separate claim for no-fault survivor’s loss benefits.18Lipton Law. Wrongful Death Injury Motorcycle
What Settlements and Verdicts Look Like
No single “average” figure describes Michigan motorcycle cases. Values swing widely based on injury severity, available insurance, and how contested fault is. Reported ranges give a rough sense:
- Minor injuries (sprains, simple fractures): roughly $15,000 to $100,000.
- Moderate injuries (multiple fractures, surgeries): roughly $75,000 to $500,000.
- Severe injuries (traumatic brain injury, spinal damage): $300,000 to $2 million or more.
- Catastrophic injuries or death (paralysis, amputation, wrongful death): $2 million and up.
Available insurance often caps what you can actually collect. Michigan requires motorcyclists to carry bodily injury liability with minimum limits of $50,000 per person and $100,000 per accident, though higher $250,000/$500,000 limits are available. When the at-fault driver’s policy is not enough, your own UM or UIM coverage becomes the main source of additional recovery.19David Christensen Law. Average Settlements for Motorcycle Accidents in Michigan
At the high end, a Kent County jury awarded $27.5 million on May 3, 2024, in a case involving Richard Wilson, a 29-year-old motorcyclist who lost his left leg after a distracted SUV driver, reportedly using a cellphone, crossed into oncoming traffic on M-20 in White Cloud in May 2022. Wilson received $25.5 million and his wife received $2 million for loss of consortium. The defendants included the SUV driver, her employer, and their insurance companies.20MLive. Michigan Man Awarded $27.5M After Losing Leg in Motorcycle Crash21Big Rapids Pioneer. Motorcyclist Gets $27 Million in Distracted Driving Case
A Pending Change: Lane Filtering
Senate Bill 365, introduced in June 2025, would allow motorcycle lane filtering, meaning riding between lanes of slow or stopped traffic, under certain conditions. The bill was referred to the Senate Committee on Transportation and Infrastructure. Advocates for Highway and Auto Safety and the Skilled Motorcyclist Association (SMARTER) sent a joint letter in September 2025 opposing the bill and urging the committee to pursue a universal helmet law instead. As of mid-2026, the bill has not advanced beyond committee.22Michigan Legislature. Senate Bill 36523Advocates for Highway and Auto Safety. Michigan Motorcycle Lane Filtering