Snowmobile Crashes: Does Your Auto Insurance Apply?

Every winter, Michigan residents trade in their wheels for sleds, enjoying nature from the back of a snowmobile. With the increased traffic come a number of snowmobile crashes. But if an accident happens, where can you turn for compensation? Does your auto insurance apply?

Snowmobile Sports Can Be Deadly

2017 is off to a deadly start when it comes to snowmobiles. In the first two weeks, two separate snowmobile crashes turned fatal – one in Brighton Township and the other in Isabella County.

On January 7, 2017, a snowmobile racer fell from his vehicle at the Isabella fairgrounds and was run over by two fellow riders. He was killed after he suffered serious injury to his head and left side. Crew member Scott Butkovich told MLive.com:

"He was leading the race, he went out in first place."

Two days later, another snowmobiler struck a bridge in Brighton Township. Ice fishermen on the scene saw the rider drive by their tent across the frozen Woodland Lake. He was traveling at a high speed, and was killed when his snowmobile struck the Woodland Shore Drive.

Where to Turn After a Snowmobile Crash

Even when the rider survives, a high speed snowmobile crash can cause serious injuries that take months, or even years to heal. Injured snowmobilers are often left wondering where they could turn to pay for their recovery. Depending on the circumstances, a person may be able to file a claim for auto insurance, or a traditional lawsuit. Which one applies depends on the circumstances of the crash itself.

Was There a Motor Vehicle Involved?

Many people assume that a snowmobile counts as a motor vehicle. If that were true, every snowmobile crash would entitle the injured rider to no-fault auto insurance benefits. However, the Michigan No-Fault Act says:

"'Motor vehicle' means a vehicle, including a trailer, that is operated or designed for operation on a public highway by power other than muscular power and has more than 2 wheels."

The law says that ORVs, including snowmobiles, do not count as motor vehicles.

Even though a snowmobile itself isn't a motor vehicle, that doesn't mean that a snowmobile crash can never count as a motor vehicle accident. Especially in Northern Michigan, snowmobiles, cars, and trucks often share the same spaces. When snowmobile trails crisscross paved and plowed roads, those intersections can result in motor vehicle accidents. In those cases, snowmobile riders are allowed to claim no-fault benefits because their injuries are the result of the use of a motor vehicle - the one that hit them.

Were There Alcohol or Drugs Involved?

All too often, the snowmobile accidents are the result of operating while intoxicated. Recreational riders often choose to drink and ride, even though doing so presents substantial risk of injury. When that happens, there may be nowhere to turn for recovery. Michigan law says that if an injured person was impaired by drugs or alcohol at the time of the accident and was over 50% at fault, he or she is not entitled to any recovery. If he or she was less than 50% at fault, the recovery will be reduced by that amount instead. On the other hand, if the driver was the one drinking, the injured snowmobile rider may be entitled to file a lawsuit and receive compensation for pain and suffering, disability, disfigurement, and other damages.

Snowmobile Insurance Claims

When there is no motor vehicle involved in your snowmobile crash, you may not be able to receive no-fault benefits, but that doesn't mean there isn't insurance that applies. Regular riders are well advised to purchase optional snowmobile insurance. Depending on your policy, you may be able to receive benefits for damage to your ride, your own injuries, and injuries caused to others after a snowmobile crash. However, snowmobile riders should read their insurance policies carefully to make sure there are no surprises after a crash.

If you have been the victim of a snowmobile accident you need a personal injury attorney who understands how no-fault benefits, snowmobile insurance, and traditional negligence law can work together to get you the recovery you need. At Sachs Waldman, we have extensive experience helping personal injury clients recover benefits from insurance providers and negligent parties. We can help you understand your rights after a snowmobile crash. Contact our Detroit personal injury law office at 1-800-638-6722.