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You May Be Able To Collect Money Even If You Were At Fault

Posted on Jul 26, 2010 2:22pm PDT

 

I have a client who three years ago ran his motorcycle into the back of a van which was stopped at a red light. There was no question that he was at fault in this accident. However, due to the wording in the statute that relates to personal injury protection, he was able to collect.

Here is why: The statute, MCLA 500.3114, states: “A person suffering accidental bodily injury arising from a motor vehicle accident which shows evidence of the involvement of a motor vehicle while an operator or passenger of a motorcycle shall claim personal protection insurance benefits from insurers in the following order of priority: (a) The insurer of the owner or registrant of the motor vehicle involved in the accident; (b) The insurer of the operator of the motor vehicle involved in the accident, (c) The motor vehicle insurer of the operator of the motorcycle involved in the accident; (d) The motor vehicle insurer of the owner or registrant of the motorcycle involved in the accident.”

The important language here is that the statute states INVOLVEMENT OF A MOTOR VEHICLE WHILE AN OPERATOR OF MOTORCYCLE. It does not discuss fault. In other words it does not matter who is at fault, as long as there is the involvement of a motor vehicle.

In this case, the motorcycle rider had significant injuries requiring hospitalization and a long period of recouperation. The van’s insurance company has paid almost $200,000.00 since this motorcycle accident. This money has been paid to the motorcyclist’s wife who has been caring for him at home.

The lesson here is that if you or someone you know is involved in a motorcycle accident in the State of Michigan and they are at fault in this accident, depending upon their injuries, they still may be able to collect substantial sums of money. If you or someone you know is in a motorcycle accident, it is always best to call. We are available 24/7.

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