Motorcycle accident, no fault, MI

[pavell1995]

All that happened in MI. Hi to everyone! Recently I have gotten into an almost unique accident. I am an international full-time student in college from another country(F-1 visa). I have brought my motorcycle license with me and bought a motorcycle. Driver license from my country is valid in the US. So, once, I was going to go to the library on a chilly, but sunny day in november. And then, there was a car, that was backing up from the garage. The driver looked at me and was just waiting for me to pass by, but then, when I was passing by him, instead of witing, he messed up his foot pedals, and smashed into me, and then into the house on the opposite side of the road. He got a ticket for reckless driving. But I had to go to the ER. I have gotten 5 foot fractures, no screws had to be put in though. So I have to be in a cast and on crotches for 6 weeks and then with a walking boot on for another 4 weeks. And because I dont really know all american and MI particularly laws, I need some help.
1. I had medical covrage with my insurance, but they told me, that it is the other persons insurance duty to pay that. When I've called them, they said, that they are not sure if they can do that, because I am not a resident of MI. Is that right?
2. I only had general liability coverage. Can I get a compensation for my bike(yamaha virago 750 1995) from the at-fault insurance company? How much?
3. What about my expenses for transportation, resulting from an accident? I already have paid over 200$ fo a cab and housekeeping.
4. Can I get my pain and suffering compensation? How much should I ask for and how?
5. Is there anything else, I should be aware of?
Thank you all for any help!

 

[sandyclaus]

All that happened in MI. Hi to everyone! Recently I have gotten into an almost unique accident. I am an international full-time student in college from another country(F-1 visa). I have brought my motorcycle license with me and bought a motorcycle. Driver license from my country is valid in the US. So, once, I was going to go to the library on a chilly, but sunny day in november. And then, there was a car, that was backing up from the garage. The driver looked at me and was just waiting for me to pass by, but then, when I was passing by him, instead of witing, he messed up his foot pedals, and smashed into me, and then into the house on the opposite side of the road. He got a ticket for reckless driving. But I had to go to the ER. I have gotten 5 foot fractures, no screws had to be put in though. So I have to be in a cast and on crotches for 6 weeks and then with a walking boot on for another 4 weeks. And because I dont really know all american and MI particularly laws, I need some help.
1. I had medical covrage with my insurance, but they told me, that it is the other persons insurance duty to pay that. When I've called them, they said, that they are not sure if they can do that, because I am not a resident of MI. Is that right?
2. I only had general liability coverage. Can I get a compensation for my bike(yamaha virago 750 1995) from the at-fault insurance company? How much?
3. What about my expenses for transportation, resulting from an accident? I already have paid over 200$ fo a cab and housekeeping.
4. Can I get my pain and suffering compensation? How much should I ask for and how?
5. Is there anything else, I should be aware of?
Thank you all for any help!

Michigan's basic insurance is a "no-fault" policy. That means, regardless of who actually caused the accident, each of the parties' own insurance policy covers their damages.

The Personal Injury Protection portion of your own policy will pay all of your medical costs. It will also pay up to 85% of the income you would have earned if you had not been hurt, for up to three years. It does NOT cover pain and suffering.

Unless you purchased separate Comprehensive and Collision, your no-fault insurance DOES NOT pay for repairs to your car if it is damaged in an
accident. You must buy collision coverage if you want coverage for damage to your car in case of an accident. The other drivers’ insurance will not pay for damage to your car.

 

[pavell1995]

So I am going to end up with no money and no motorcycle?
The adjuster of the at fault insurance company said, that HE will make a claim on bike and medical costs, how does that work? And on the other hand, as far as I know, I can get my pain and suffering compensation if I will prove, that this injury will affect my future lifestyle. Will a foot fracture qualify?

 

[pavell1995]

And does the fact that I am not a resident of MI matter any?

 

[justalayman]

Motorcycles, Michigan, motor vehicles, and the insurance involved is an odd mix. Due to some oddities in the law, the at fault party's insurance is liable for your injuries.

If you were involved in an accident with another motorcycle or any other object other than a motor vehicle, you would only be covered by whatever medical coverage you purchased. This is what their insurance must cover:

· Medical Expenses
· Wage Loss
· Replacement Service
· Medical Mileage
· Attendant Care


From what I can find, the damage to your motorcycle is not covered by the other party's insurance. I am not positive of this but I believe you may be able to claim up to $1000 of damages not covered by your own insurance.

to pain and suffering; I believe (but not positive), you cannot claim for such unless you are injured beyond a certain threshold. The thresholds are as stated:

· Serious Impairment of Body Function
· Permanent Serious Disfigurement
· Death
· Closed Head Injury

 

[justalayman]

sandyclaus;3121788]Michigan's basic insurance is a "no-fault" policy. That means, regardless of who actually caused the accident, each of the parties' own insurance policy covers their damages.

You will want to check out how Michigan treats motorcycles. They are not motor vehicles, for the purposes of the insurance law, in Michigan. It's a really odd mix of coverage and no coverage. Not sure I have it correct in my post.

 

[justalayman]

So I am going to end up with no money and no motorcycle?
The adjuster of the at fault insurance company said, that HE will make a claim on bike and medical costs, how does that work? And on the other hand, as far as I know, I can get my pain and suffering compensation if I will prove, that this injury will affect my future lifestyle. Will a foot fracture qualify?

No. You have to have what is defined as a serious impairment of a body function as defined here:

As used in this section, "serious impairment of body function" means an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her normal life.

 

[pavell1995]

I have researched some things. Yes, I can't recieve mini-tort. But, still, why would the at fault adjuster make a claim on my bike? Pain and suffering, also less likely. But! My lawyer, said, that he would try to do that... Who knows, why?
Can you explain to me no-fault benefits. For example with household expenses. How do they decide on how much I've spent on it?
There is also a part about wage loss. I am a student and don't have a job. Nothing here, too?
Are you sure, that because I am a non-resident I can't sue the other person? In my country I can... But on the other hand my motorcycle was titled and registered in MI.

 

[pavell1995]

And also, who pays for the towing company? They had to tow in away, while I was in ER.

 

[justalayman]

In my country I can... But on the other hand my motorcycle was titled and registered in MI.

but you aren't in your country, or any other state in the US where you could sue the at fault party as well. You are in Michigan, the only state in the US with the insurance system you are dealing with.

Yes, I can't recieve mini-tort. But, still, why would the at fault adjuster make a claim on my bike?

Who knows? The no-fault insurance in MI is difficult to understand. When you toss in motorcycles, it becomes even more so.

Pain and suffering, also less likely. But! My lawyer, said, that he would try to do that... Who knows, why?

Your lawyer? If your lawyer doesn't know why he is asking, maybe you should rething why you hired him. Speaking of; why did you hire a lawyer?

There is also a part about wage loss. I am a student and don't have a job. Nothing here, too?

If there are no wages lost, it's obvious you cannot have a lost wages claim.

And also, who pays for the towing company? They had to tow in away, while I was in ER.

I believe that is on you.


· Medical Expenses: obvious

· Wage Loss: obvious and obviously not applicable

· Replacement Service

The replacement services provision of the Michigan no-fault act will pay up to $20 a day for any household services you previously did for yourself but cannot do now because of your injuries and therefore, must hire someone else to perform. Replacement services can be performed by family members and can include investment income, housekeeping, lawn and garden maintenance, car maintenance, meal preparation, baby-sitting/child care and driving family members to school and appointments.



· Medical Mileage: travel to medical treatment

· Attendant Care:

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.

 

[pavell1995]

MI is probably the worst place to get hurt!!!
I don't want to end up with nothing...

 

[justalayman]

MI is probably the worst place to get hurt!!!
I don't want to end up with nothing...

actually, it's one of the best places to get hurt if you get hurt bad. The medical coverage is for life.

 

[pavell1995]

But as far as I understand, you have to be seriously hurt to recieve it, and it seems to me, that my multiple foot fractures will not be considered a bad injury...

 

[justalayman]

But as far as I understand, you have to be seriously hurt to recieve it, and it seems to me, that my multiple foot fractures will not be considered a bad injury...

correct and that is what I alluded to with the; if you get hurt bad.



unless your injury causes some permanent disability, it will not be considered severe enough to breach the threshold for pain and suffering or lifetime care.

 

[ecmst12]

Multiple foot fractures will most likely cause SOME degree of permanent damage.