You don’t have to be young to experience the exhilaration of a motorcycle ride. In fact, without the time constraints of a full time job, many retirees bike more often than they did when working. While biking has numerous benefits, a crash can result in tragic consequences, particularly for senior bikers.
For motorcyclists on Medicare, reimbursement of accident-related medical expenses can be complicated, especially if No-Fault insurance is also involved. Here is an overview of Medicare coverage for motorcycle accidents in Michigan.
In some cases, yes, but Medicare coverage is limited to certain situations. The rules are also different for motorcycle accidents that involve another vehicle, such as a car or truck.
Motorcycle Accidents Involving another Vehicle
Michigan No-Fault law includes an “order of priority” that determines who is responsible for a motorcyclist’s medical expenses when another vehicle is involved in the accident:
Medicare will pay for Medicare-eligible services only when Personal Injury Protection (PIP) medical benefits are limited or not available, and the victim has no other health insurance. However, the injured person is responsible for services not covered by Medicare in addition to applicable co-pays and deductibles.
Motorcycle Accidents that Do Not Involve a Passenger Vehicle
To make matters more confusing, motorcycles are not considered motor vehicles under Michigan law. Therefore, a motorcyclist who is injured in an accident that does not involve another vehicle is not entitled to No-Fault benefits.
However, Medicare will cover eligible services under the following conditions:
Furthermore, a motorcyclist who does not have the minimum liability insurance required under Michigan law ($50,000 per person/$100,000 per accident) is not entitled to receive No-Fault benefits.
Recommended reading: 12 Most Common Causes of Motorcycle Accidents in Michigan
No. Medicare only pays for Medicare-covered services, which are different from the services covered under Michigan No-Fault insurance.
Here are a few examples of costly items and services that are covered by Michigan No-Fault but excluded or limited by Medicare (and most other health insurance plans):
In addition, Michigan No-Fault coverage includes reimbursement of lost wages, replacement services and survivors’ loss benefits. Therefore, Medicare recipients should think twice before deciding to limit or forego their PIP medical benefits.
Recommended reading: Can I Opt Out of Personal Injury Protection (PIP) If I Have Medicare?
This is a possibility if a victim sues the at-fault driver and receives compensation for excess medical costs or non-tangible damages such as pain and suffering. In these situations, Medicare may seek reimbursement from the settlement for the payments made on behalf of the victim.
However, these cases involve complex legal issues, many of which have not been fully resolved since the implementation of the new No-Fault laws. Therefore, it’s important to consult a knowledgeable motorcycle accident attorney as soon as possible if you or a loved one is injured in a crash.
Recommended reading: What Every Biker Should Know: A Basic Guide to Michigan Motorcycle Laws
Yes. Motorcyclists of any age are approximately 29 times more likely to die in a crash than occupants of cars and trucks. And, for senior riders, the risk of death or serious injury is even greater.
Because the chances of being hurt in a fall or other type of accident increase with age, senior motorcyclists are more susceptible to certain types of injuries, such as bone fractures, than younger riders. Additionally, while bikers of all ages suffer many of the same injuries, the recovery process for senior individuals are generally longer and more difficult.
Recommended reading: Hiring an Attorney for a Motorcycle Accident
If you are injured in a motorcycle accident, we can help. Because many of our lawyers ride, we understand the pleasures and pitfalls of motorcycling. We know what it takes to win your case, and we will put our collective legal expertise and extensive resources to work for you. Once we start your case, we won’t stop until we win the compensation you and your family deserve.
Motorcycle accident law is complicated, but finding the right motorcycle accident lawyer is simple.
Don’t let the legal clock run out. Start your case today by filling out the brief form below. Or, call 1-800-CALL-SAM for a free, no-obligation remote consultation from the comfort and safety of your home.
Get The Bernstein Advantage® today!
Free. Simple. Quick.