The Monroe County Sherrif’s Department is investigating a Monroe County Motorycle Accident that caused the death of Hollis W. Hurst, from Maybee, Michigan.  The accident occurred just before 8:00 p.m. when he was struck by a 1996 Pontiac driven by a 17 year old.  Fortunately, alchohol does not appear to be a factor in the crash.  Mr. Hollis was wearing a helmet at the time of the accident.

I am sorry that this tragic accident occurred.  It is important that victims of motorcycle accidents be aware of their legal rights.  Mr. Hollis’ family may have a claim for Michigan No-Fault Insurance Benefits as a result this accident.  This will depend on the type of insurance that he purchased for his motorcycle.  If he did have the proper insurance, it would pay for funeral expenses, lost wages for three years, replacement services for three years, and perhaps some other benefits.  If the police investigation determines that the driver of the Pontiac was at fault for the accident, the family of Mr. Hollis may have a wrongful death lawsuit against that driver.  Typically, a claim against the driver and the owner of the car is made against the insurance companies.

For more information on a biker’s legal rights after a Michigan motorcycle accident, you should request our FREE BOOK, “The Ultimate Michigan Motorcycle Accident Handbook,” or contact our office.

A Michigan biker suffered serious injuries in a Clay Townhsip motorcycle accident.  The motorcyclist was traveling on M-29 when a woman driving a passenger car turned westbound into his lane causing the collision.   Initial police reports indicate the driver failed to yield the right of way to the motorcyclist.  Police are still investigating this accident.

I am sorry to hear that the biker suffered serious injuries.  With the weather warming and more bikers in Michigan set to take to the streets and highways, it is important that motorists and truck drivers obey the rules of the road to protect motorcyclists.  Many drivers simply ignore the rights of bikers and this leads to serious and catasrophic accidents.

Depending on the type of insurance on his motorcycle, the injured biker may be entitled to Michigan No-Fault Insurance benefits.  This would pay for medical expenses, lost wages, and other essential benefits.  The insurance laws for motorcycle accidents are very complex so it is important that the injured biker or a family contact an attorney who specializes in Michigan motorcycle accident cases immediately.

The injured biker most likely will also have a claim against the negligent motorist who caused the accident.  This would provide compensation for pain and suffering, disability, and other losses related to the accident.  Again, it is important to contact a lawyer soon after the accident so that a complete and thorough investigation can be performed.

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.

Household Replacement Services benefits are payments 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.

Household replacement service benefits pay for services or chores around the home that the accident victim used to do himself or herself but can no longer do because of the accident. Examples of such services can include:

• Do laundry
• Cook and prepare meals
• Clean the house
• Cut the lawn
• Shovel the snow
• Take out the garbage
• Other household chores 

Although the insurance company will pay for the accident victim to hire an outside company to perform these services, the injured person usually relies on family and friends to do these things.  The insurance company will then be required to pay the family member or friend who actually performs these chores.  These types of services are commonly referred to as “Replacement Service Expenses.” 

Section 3107(1)(c) of the Michigan No-Fault Act is the specific statutory section that entitles auto accident victims to be compensated for Replacement Service Expenses.”   Under this section, an injured person may be reimbursed for services provided by others for his or her benefit. These services are capped at $20.00 per day and are limited to three (3) years from the date of the accident. Although $20.00 per day may not seem like a lot, it is actually over $7,000.00 per year and can last for up to 3 years.  That means an accident victim can collect over $21,000.00 in household replacement services. 

Since replacement services can be provided by family and friends, it is important to document the services being provided so that a claim can be submitted to the No-Fault insurer. Much like an Attendant Care claim, a written claim should be submitted to the insurer with the (1) the name of the injured claimant; (2) the name and address of the service provider; (3) the days and number of hours the services were provided; (4) the specific services provided; and (5) a note from a physician stating that the services are necessary, including the number of days/hours needed (See e.g. Attending Physicians Report).

An experienced motorcycle accident lawyer can help you review your claim forms and ensure you get the full amount of household replacement service benefits you deserve.

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.