Bicyclists Have Rights Under Michigan's No-Fault Law When Hit by Automobiles

Bicyclists are especially vulnerable because they are slow-moving and oftentimes difficult to see. As a bicyclist, you may not know what rules you have to follow and how you could be compensated if you are hit and injured by a motor vehicle.

Michigan’s no-fault system was adopted to increase benefits for injured people, speed up payment disbursal, and alleviate costs and lawsuits clogging up the court and administrative system. Luckily, for bicyclists, this includes allowing bicyclists injured in auto accident recovery as well regardless of who is at fault. The tradeoff for all of these expedient benefits is that you cannot sue someone for non-economic damages unless the accident caused a death, serious bodily injury, or permanent disfigurement.

Help! I'm a Bicyclist, Not a Driver—How Can Michigan No-Fault Insurance Compensate Me?

Every owner of a registered automobile is required to purchase no-fault auto insurance. A bicyclist is not considered a motorcycle or a car for purposes of insurance claims. And, bicycle-specific insurance is very new in Michigan and therefore extremely limited in terms of availability. However, other types of insurance such as auto insurance could cover a bicyclist's personal injury claim if certain requirements are met. If you as a bicyclist want to recover from an insurance provider, then the injury must have happened because of the “ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.” So this basically just means a vehicle needs to be a reason for why you as a bicyclist got injured—note that the vehicle doesn't need to have physically touched you in order for you to be compensated. If this first requirement is met, then a bicyclist would first seek to recover under his or her own auto insurance or a family member’s auto insurance plan (a single plan will cover an entire family living in the same household). If this is not possible, a bike rider could still potentially recover under insurance held by the driver of the car or truck who hit him or her.

What Benefits Can Injured Bicyclists Get Under the Michigan No-Fault System

Under Michigan no-fault law, the personal injury protection (PIP) part of no-fault insurance would cover you for economic damages stemming from personal injuries. This means that if injured in an auto accident, then regardless of who is at fault, the no-fault system provides for unlimited medical care and treatment, up to 85% of wages lost for a maximum of three years, and $20 per day for replacement services such as housekeeping and yard maintenance that you otherwise would have done for you or your family. There is a cap for wage compensation that is adjusted annually, with the current cap at $5,282 as of October, 2013.

When No-Fault Limited Benefits Aren't Enough: Serious Bodily Injury or Death

What happens if an accident is serious and results in death or serious bodily injury while you or a loved one were on a bicycle? Sure, the no-fault system will cover your medical care and treatment for as long as you live if it is needed. But, what if a bicycle rider was maimed or suffered a head injury resulting in brain damage? These can be life-changing injuries, and you and your family may deserve extra help. Such injuries can cause ongoing inability to work, sleeplessness, and depression. You can get help. Such serious injuries allow you and your family to sue the driver of the car or truck who hit you, including for compensation for pain, suffering, and emotional distress. If the driver is found to be legally responsible, his or her insurance company will be required to compensate you up to the driver's policy limits for residual liability insurance.

Use It or Lose It: Time Limit on Filing for Michigan No-Fault Benefits

If you or a loved one is a cyclist injured in a car or truck accident, it is important to contact an attorney and file your claim as quickly as possible. Michigan requires that notice of no-fault insurance claims to the correct no-fault carrier be given no later than one year after the date of the accident. Michigan also has restrictions on damages for claimants to one year back from the date you file a lawsuit.

Michigan’s no-fault system is complicated, and you need a skilled attorney who can help you work through your specific situation. We at Sachs Waldman have extensive experience applying Michigan’s no-fault law to the many kinds of accidents that can happen, including when a bike is hit by a car or truck. Contact our Detroit personal injury law office at 1-800-638-6722.