Believe it or not, under Michigan law, a motorcycle is not a “motor vehicle”. As a result, the priority rules under MCLA §500.3114 are a little different. Where a motorcycle is involved, the responsibility of insurance coverage is allocated, more or less, in the following order:
- The insurer for the owner or registrant of the motor vehicle involved in the accident (and those could be different too!)
- The insurer for the operator of the motor vehicle involved in the accident;
- The motor vehicle insurer of the operator of the motorcycle involved in the accident;
- The motor vehicle insurer of the owner or registrant of the motorcycle, involved in the accident
What this means is that if you were injured, while riding your insured motorcycle (you have to have insurance on your motorcycle), you will get your benefits, not from your own motorcycle insurer, but from the insurer for the auto or truck involved in the accident.
One of my recent cases involved a motorcycle rider, struck by a truck; both were insured. Even though my client had insurance, he received his benefits from the insurer for the truck’s owner, and not his own. If the driver of the auto/truck is not the owner/registrant, your motorcycle accident No-Fault benefits will be paid by the auto/truck driver’s insurance.
Finally, where the auto or truck has no insurance that goes along with its owner or driver, the motorcyclist gets his/her benefits from their motor vehicle insurer.