Four motorcyclists were injured yesteday in a  Tuscola County motorcycle accident  on two separate bikes.  Oakland County residents Cary Misenar and his passenger, Margaret Misenar, where on their Harley when a truck headed the opposite direction on M-46 crossed the center line and struck them. 

Another bike driven by Michael Newsome with passenger Becky Hutchings on also overturned while trying to avoid the accident.  Both motorcycle drivers and passengers were taken to the hospital for their injuries.

I am sorry that this accident happened and wish all four injured bikers a fast recovery.  This is a typical example of bikers being injured on Michigan highways due to negligent driving of a motorist.  The injuries suffered in these accidents are often catastrophic.

All of the injured bikers may be entitled to Michigan No-Fault Insurance Benefits for payment of medical expenses, lost wages, and other expenses.  Their entitlement will depend on a number of factors, including their insurance policies and the specific facts of the accident.  They may also have claims for their injuries and pain and suffering against the negligent motorist.

Attendant Care Benefits are extremely important benefits that are available to some injured motorcyclists in Michigan through their No Fault insurance policy.  No Fault insurance benefits are available when a biker has been injured in an accident involving a car, truck, SUV, or other motor vehicle.

Attendant care benefits are available when a person sustains serious injuries as a result of a motor vehicle accident, which renders him or her unable to do things that he or she was able to do prior to being injured. Sometimes, the injured person requires professional agencies to care for him or her at home, but, more often, family and friends care for the injured person. 

Attendant Care services commonly include, but are not limited to: preparing meals and feeding; assistance with personal hygiene, such as dressing and bathing; attending to wounds; assistance with medication; providing transportation to and from medical appointments; and supervision and monitoring, etc.  

Section 3107(1)(a) of the Michigan No-Fault Act is the specific statutory section that entitles auto accident victims to be compensated for “attendant care” rendered by family members.  Courts in Michigan have held that the word “services” in this section of the No-Fault statute includes both skilled and unskilled attendant care as well as supervision.  The courts have also held that attendant care can be provided by family members as long a physician deems the services are reasonable and necessary.  Once it is established that a person requires and is provided attendant care, the insurer is obligated to pay for the attendant care regardless of whether it is being provided by family or friends.

In order to submit a claim for attendant care you must provide the insurer with “reasonable proof of the fact and of the amount of loss sustained.” This is usually done by submitting a claim, in the form of written documentation, to the insurer with: (1) the name of the injured claimant; (2) the name and address of the care provider; (3) the days and number of hours the care was provided; (4) the specific types of care provided; and (5) a note from a physician stating that the care is necessary, including the number of days/hours needed (See e.g. Attending Physicians Report).

Once the claim is documented, the claimant must then demand an amount to be reimbursed by the insurer, by establishing an hourly rate and then multiplying that rate by the number of hours provided. There is no fixed amount or “rate schedule” of how much an insurer must pay for in-home attendant care.  However, sometimes No-Fault insurers improperly advise claimants that attendant care is limited to $20.00 per day.  This is wrong and is an attempt by the insurer to limit attendant care to the rate at which Household Replacement Service Expenses are compensable. The only legal criteria is that the hourly rate must be “reasonable.” The hourly rate that the law deems reasonable, can vary greatly depending on the type of care being provided. As a general rule, family provided attendant care is commonly paid at a rate of anywhere between $10.00 – $30.00 per hour, depending on the nature and extent of the person’s injuries, the level of care being provided, the skill and expertise of the care provider, geographic location etc.

If you would like more information about your rights after a Michigan motorcycle accident, you can order our FREE book, “The Ultimate Michigan Motorcycle Accident Handbook” by calling our law firm web.  We will send it along with other important information. 

For more information about Michigan motorcycle accident cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan Motorcycle accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

When a motorcyclist is involved in an accident, he may be able to collect Michigan No Fault insurance benefits. No Fault insurance benefits are benefits an accident victim is entitled to receive under the Michigan No Fault Act for accidents that arise out of the ownership, operation, maintenance, or use of a motor vehicle. In the No Fault Act, the term “motor vehicle” means vehicles with more than two wheels, so a motorcycle is not a “motor vehicle” as that term is defined. If, however, a motorcycle is involved in an accident with a “motor vehicle” such as a car or truck, the motorcyclist will be able to collect No Fault benefits.

No Fault benefits provide a variety of benefits, including payment of all medical expenses, payments for lost wages, and payment for long-term supervised care if these are reasonable and necessary in light of the accident. No Fault benefits are typically paid for by a car insurance company, but when there are multiple vehicles or policies involved, figuring out which company is responsible for which expenses can become very complicated.

The Michigan No Fault Act provides an Order of Priority to determine which insurance company is responsible for a particular accident claim and sets forth the specific pecking order to determine which insurance company must pay.

Under the Order of Priority, the insurer of the owner or registrant of the “motor vehicle” ( i.e. car or truck) involved in the accident is the first in line to pay No-Fault benefits.

If the owner or registrant does not have insurance, but someone other than the owner was driving the motor vehicle, the insurer of the driver of the motor vehicle comes next as the carrier to pay benefits.

If the driver does have insurance, the motorcycle rider’s insurance company is responsible for the claim.

If the motorcyclist does not have car insurance, the owner of the motorcycle must submit the claim to his or her insurance company.

Finally, if the owner of the motorcycle does not have car insurance, the accident victim may submit the claim to the Michigan Assigned Claims Facility, which is a state agency that will assign responsibility for the claim to an insurance company authorized to do business in Michigan. You can find a form to submit a claim to the Assigned Claims Facility by clicking the link: Michigan Assigned Claims Facility form.

To collect a claim for No Fault insurance, the motorcycle must be insured with the minimum PL/PD coverage required by law. This is a separate policy from a No Fault insurance policy. In other words, if you have minimum PL/PD coverage for your motorcycle but do not have No Fault insurance on a car, you can submit a claim to the Michigan Assigned Claims Facility. But if you have a No Fault policy for your car but do not have the minimum PL/PD coverage for the motorcycle, you will not be able to collect any No Fault benefits. For more information on PL/PD insurance and other insurance recommendations, visit the insurance information section.

Insurance companies try to avoid responsibility for motorcycle accident claims because the payouts can be very large due to the high cost of hospitals and other healthcare. They do this by litigating the Order of Priority. An experienced Michigan motorcycle accident attorney can ensure you get the full amount you are entitled to by knowing the Order of Priority and holding the proper insurance company accountable to the law.

If you would like more information about your rights after a Michigan motorcycle accident, you can order our FREE book, “The Ultimate Michigan Motorcycle Accident Handbook” by calling our website. We will send it along with other important information.

For more information about Michigan motorcycle accident cases, visit our law firm web site at www.BuckfireLaw.com. If you would like to speak with one of our Michigan Motorcycle accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

While riding a motorcycle is both fun and challenging, sometimes things on the road do not work out the way you had planned. You might have taken all the safety precautions possible for a safe journey but stupid mistakes made by a careless driver on the road may result in an unfortunate accident. Motorcycle accidents can be serious. Not only are the medical bills high, but you might also have to miss work causing you to lose wages, become dependent on others even for accomplishing simple household chores and suffer enormous pain and discomfort lasting a lifetime.

Statistics of motorcycle accidents in the US say that nearly 40000 people are injured in motorcycle accidents every year. In Michigan alone, there were 120 casualties and 2660 motorcycle crash injuries reported in 2005. These numbers are likely higher for 2006, 2007, and 2008 since the number of motorcycle accidents in this state have been on the rise.

With these figures as the backdrop, you should know about your rights and obligations in the event of you or a family member getting involved in a motorcycle accident in Michigan. One of the most important things you need to remember is to contact a Michigan lawyer who specializes in motorcycle accident claims. This is critical if you wish to get the maximum benefits from the authorities. You simply cannot trust your insurance company to give you all the benefits you deserve.  

Someone who is injured in a motorcycle accident may be unsure if they need a lawyer.  They almost certainly do.  There are many intricacies of Michigan law that even a lawyer unfamiliar with motorcycle accidents may not be able to answer.   For instance, let’s say you were involved in a motorcycle crash and your bike was not insured. Can you still file a lawsuit against the driver who hit you? The answer is, yes, since under Michigan law, motorcyclists are treated differently than people who drive uninsured cars.

How about Michigan No-Fault Insurance benefits if you are a biker and injured in a Michigan motorcycle accident?  This depends on a number of factors, including ownership of the bike, the type of insurance on the bike, and the facts surrounding the accident.  Many lawyers not familiar with the complex Michigan No-Fault Insurance laws may overlook these important benefits.

If you would like more information about your rights after a Michigan motorcycle accident, you can order our FREE book, “The Ultimate Michigan Motorcycle Accident Handbook” by calling our firm.  We will send it along with other important information. 

For more information about Michigan motorcycle accident cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan Motorcycle accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.