This is a general guide, the law is a changing entity and there may be exceptions since your facts are unique so call me for your specific case.
Your accident has three separate Claims:
1. No Fault Benefits. (Exclusive to Michigan and 11 other states)
Michigan, unlike Ohio and Illinois, is unique that it provides benefits for certain injuries regardless of fault. This includes, even as a Michigan resident, you get hurt riding in Ohio or another state. However, these benefits typically require you were involved in an accident with another vehicle or you crashed from avoiding another vehicle. A car, bus or van is considered another vehicle but a motorcycle is not for purposes of this benefit, thus if your accident involved another motorcycle only, you will not get these benefits. What are these benefits.
These benefits include:
- Medical expenses for life.
- Lost wages up to 3 years, currently limited to $5,282 per month.
- Household chores up to 3 years at $20 per day.
- Medical attendant care and medical transportation expenses.
How long do I have to bring this No Fault Benefit Claim?
You must give official notice within one year of the date of accident. This means proper documentation to the correct insurance carrier. We highly recommend not allowing your claim to wait until the 11th hour to avoid blowing this statute of limitations date. Even if you give notice within the one year, the filing of a lawsuit will only get the benefits retroactively for one year, so don’t wait!
2. Injury or Wrongful Death Claim (Third Party Claim)
You and your passenger have a claim against the other driver/owner of vehicle that caused the accident. You are entitled compensation for your pain and suffering, scarring, mental anguish, sprained, ruptured or torn disks/ligaments, head injuries and all other serious impairments of a body function. A Wrongful Death Accident allows compensation for a spouse, children, siblings or other family members and brings another set of damages which include loss of financial support, loss of consortium, counseling, and funeral expenses.
How long do I have to bring this Injury or Wrongful Death Claim (Third Party Claim)?
You must bring your lawsuit within three years of the accident for Michigan residents. You have within two years to bring a lawsuit if you are an Ohio resident. If the accident involves a minor, then the minor has until age nineteen. These deadline dates can be critical so act immediately and do not wait until the 11th hour.
3. Motorcycle Damage Claim
It is important that you have coverage for your bike along with your accessories and riding gear. Certain states like Ohio allow you to recover motorcycle damages from the other driver, however Michigan requires you have specific insurance coverage and prevents you from bringing action against the other driver. There are exceptions to this rule, but it is much safer to carry insurance for your motorcycle, accessories and riding gear, including Ohio. Its always worth it to ride with top protective gear and simply obtain insurance covering that gear. Your health should always be your first concern.