06/20/2017
What are your legal rights if you get hit by a car when riding a bike.
A bike is not considered a motor vehicle under Michigan law. But that doesn’t mean if you are injured in a bicycle accident, you do not have a case or any legal rights.
If you are injured in a bicycle accident involving a car or truck, you can receive Michigan No-fault insurance benefits (a first-party claim) and you can also sue for pain and suffering compensation (a third-party claim). This is only if a car or truck is involved. A person injured in a bike accident that happens without a car or truck involved will not collect Michigan No-Fault benefits.
A first party claim (also called a No-Fault or personal injury protection (PIP) claim) is between the bike accident victim and the auto insurance company. The auto insurance company would cover your benefits, including medical expenses, lost wages, replacement services (chores/help with children), and attendant care (nursing services). The statute of limitations to make a first-party claim is one year from the date of the bicycle accident.
A third party claim (also called a pain and suffering or tort claim) is a lawsuit that’s filed against the negligent driver involved in the bicycle accident. The damages available in a third-party claim following a bicycle crash include pain and suffering damages and excess economic benefits. The statute of limitations to make a third-party claim is three years from the date of the bike accident.
But what about my Bike?
Bike owners do not have pay out of pocket for bicycle damage
Under Michigan’s No-Fault Law, “property protection insurance” benefits will pay for bicycle damage “arising out of” a Michigan auto accident. (MCL 500.3121(1)) PPI benefits are not available to cover bike damage caused by an out-of-state auto accident. (MCL 500.3123(2))
Moreover, PPI benefits are payable for bicycle damage “without regard to fault.” (MCL 500.3121(2))
That is significant for two reasons:
1. The bicyclist doesn’t need to prove fault or negligence on the part of the motorist.
2. Fault on the bicyclist’s part does not disqualify him from collecting PPI benefits to pay for his or her bicycle damage.
The type of bicycle damage that is covered by PPI benefits includes “physical injury,” “destruction,” and/or “loss of use” of the injured or destroyed bicycle. (MCL 500.3121(3))
No-Fault insurance company pays
Under Michigan’s No-Fault Law, “an insurer is liable to pay” PPI benefits to compensate for a bicyclist’s accident-related bicycle damage. (MCL 500.3121(1))
Here is how a bicyclist will identify the “insurer [who] is liable to pay”:
• The No-Fault provides that a “person suffering accidental property damage claim property protection insurance benefits from insurers in the following order of priority …”
• Initially, a bicyclist should file his or her PPI claim with the “insurers of owners or registrants of [the] vehicles involved in the accident …” (MCL 500.3125)
• And, if that does not work, i.e., the owners or registrants cannot be identified or they are uninsured, then the bicyclist should file his or her PPI claim with the “insurers of [the] operators of [the] vehicles involved in the accident.” (MCL 500.3125)
PPI recovery
The PPI benefits that a bicyclist may recover for bicycle damage “consist of the lesser of reasonable repair costs or replacement costs less depreciation and, if applicable, the value of loss of use.” (MCL 500.3121(5))
Notably, for damage “arising from 1 accident,” PPI benefits “shall not exceed $1,000,000.00.” (MCL 500.3121(5))
One-year limitation
Time is of the essence when it comes to bringing a PPI claim to cover auto accident-related bicycle damage.
Under the No-Fault Law, an “action for recovery of property protection insurance benefits shall not be commenced later than 1 year after the accident.” (MCL 500.3145(2))
Significantly, a PPI lawsuit to recover for auto accident-related bicycle damage must be filed against the “insurer [who] is liable to pay,” not the owners, registrants or operators of the “vehicles involved in the accident.”
Out-of-state bicycle accidents
Although PPI benefits are not available to cover bike damage caused by an out-of-state auto accident (MCL 500.3123(2)), a bicyclist may be able to recover through the property damage coverage carried by one of the owners, registrants or operators of the vehicle involved in the accident, assuming they are driving a vehicle covered by a Michigan auto insurance policy.
Under Michigan’s Insurance Code, every Michigan auto insurance policy must include “liability coverage” with “a limit of not less than $10,000 because of injury to or destruction of property of others in any accident.” (MCL 500.3009(1))
Michigan bicycle crash statistics
In 2010, there were 1,076 bicycles involved in auto accidents, with 29 bicyclists killed and 1,575 injured. More bicyclists within the 45-54 years of age group died than any other age group, with nine killed (31 percent).
One of the biggest takeaways from this information is the absolute importance of helmet use: “Bicycle helmets are 85 to 88 percent effective in mitigating head and brain injuries in all types of bicycle accidents, making the use of helmets the single most effective countermeasure available to reduce head injuries and fatalities resulting from bicycle crashes.”
This information comes from The National Center for Statistics and Analysis of the National Highway Traffic Safety Administration cites a study by the Centers for Disease Control.
