The same insurance coverage for automobiles applies for first-party claims involving a bicycle hit by a motor vehicle. First-party benefits include medical expenses, lost wages, replacement services (household services such as household chores, childcare), and attendant care (nursing services). According to Michigan’s statute of limitations, you must make a first-party claim against the motor vehicle insuruer within one year from the date of the bicycle accident.
If you or someone you love is injured in a bicycle accident caused by a motor vehicle, seek legal help immediately. Whether, and to what extent, you recover reimbursement for your losses from a bicycle accident with a motor vehicle depends on correct action under Michigan’s No-Fault law. Often, the insurance companies – even your own – will do everything to avoid paying what they owe; they will delay and employ tactics to deprive reimbursements. In Michigan, if you are a bicyclist and are involved in an accident involving a car or truck, you are eligible for Michigan No-Fault insurance benefits (a first party claim). When the injuries are catastrophic or fatal, you can also sue for pain and suffering compensation (a third party claim).
Priority rules of who pays for injuries are contained in the No-Fault Act. The priority rules dictate which insurance company has the highest legal responsibility to pay a bicycle accident victim’s No-Fault personal injury protection benefits. When injured in a motor vehicle accident in Michigan where you are not an occupant of a motor vehicle (i.e., a bicyclist) the priority rules help determine which insurance company pays you personal injury protection benefits. Here is the order:
A third-party claim is a lawsuit against the negligent driver of the motor vehicle that caused severe injury or death in a bicycle-motor vehicle accident. A third-party claim is for non-economic damages, including pain and suffering. To file a third-party claim, you must meet one of the following criteria:
According to Michigan’s statute of limitations, you must file a third-party lawsuit within 3 years from the date of the accident.
At Buchanan and Buchanan, we are skilled investigating bicycle accidents and successfully negotiate fair settlements with insurance companies, and persuasively present cases at trial when insurers refuse to do what is right.