--- title: "Can an Injured Passenger in a Motorcycle Accident Sue for Compensation?" url: https://callsam.com/blog/passenger-motorcycle-accident-sue-compensation/ description: "Yes, in many cases. See PIP when a car is involved, who you can sue, helmet rules, and Michigan’s 50% noneconomic-fault bar." lastModified: 2026-10-11 --- # Can an Injured Passenger in a Motorcycle Accident Sue for Compensation? Published: June 13, 2023 Peak riding season starts in May. Motorcycles offer almost no crush protection, so riders and passengers take the brunt of a crash. [NHTSA](https://www.nhtsa.gov/road-safety/motorcycle-safety) has long reported that motorcyclists are about **28 times** more likely to die, and about **four times** more likely to be injured, **per mile traveled** than people in passenger cars. If another driver caused the wreck, the passenger may have both a PIP claim and a lawsuit. The rules are not the same as for a car occupant. An experienced [motorcycle accident lawyer](https://callsam.com/case-types/motorcycle-accidents/) can sort them. ## DOES MICHIGAN NO-FAULT INSURANCE COVER MOTORCYCLE PASSENGERS? A motorcycle is not a “motor vehicle” under [MCL 500.3101](https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-500-3101). A basic motorcycle policy has **no PIP**. Optional motorcycle PIP, if anyone bought it, is usually medical-only and sold in small increments. Whether a **passenger** gets auto PIP depends mainly on whether a **car or truck** was involved. ### Crashes with no motor vehicle A solo dump, a deer, a tree, ice or a speed wobble generally does **not** open auto PIP. Medical bills go to health insurance or optional motorcycle PIP. See [hitting a deer](https://callsam.com/blog/what-to-do-if-you-hit-a-deer-on-your-motorcycle/). A car that never touches the bike can still be “involved” in some cases if it caused the loss of control. That is fact-specific. Do not assume PIP applies, or that it does not, without a lawyer looking at the police report. ### Crashes involving a car or truck An injured passenger (like the operator) generally claims PIP from the auto policies in [MCL 500.3114](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3114) priority: 1. The insurer of the **owner** of the motor vehicle involved 2. The insurer of that vehicle’s **driver**, if different 3. The injured person’s own auto No-Fault policy, or a spouse/household relative’s 4. The motorcycle **owner’s** auto policy, if different from the operator 5. The Michigan Assigned Claims Plan (MACP), which generally caps medical at **$250,000** after the 2020 reforms You do **not** need PIP on the motorcycle policy itself to make that claim. The **medical** limit is whatever the policy **in priority** chose (unlimited, $500,000, $250,000, $50,000, or an opt-out). A higher-priority opt-out can push the claim down the list. Uninsured-operator rules can still block some first-party benefits. Passengers should not assume they are in the same boat as the rider. More on coverage gaps: [accidents without insurance](https://callsam.com/blog/motorcycle-accidents-without-insurance/). ## ARE INJURED MOTORCYCLE PASSENGERS ENTITLED TO SUE FOR MEDICAL EXPENSES AND OTHER DAMAGES? Often, yes. PIP is first-party. A lawsuit is for the at-fault party’s residual liability: excess medical and wage loss, and noneconomic damages if you meet the [serious-impairment threshold](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3135) and are **less than 50%** at fault. Who may be in the case: - **The motorcycle operator** — speeding, signals, impairment, or other negligence - **Another driver** — including failure to yield, distraction or drunk driving - **A manufacturer or parts seller** — if a defect caused the crash - **A road agency** — potholes and other defects, subject to governmental immunity, a short **120-day** notice period, and proof the agency had (or should have had) notice of the defect ## DO MOTORCYCLE PASSENGERS HAVE TO WEAR HELMETS? Michigan dropped a universal helmet mandate in 2012. Under [MCL 257.658](https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-257-658), a **passenger** may ride without a helmet only if they are **at least 21** and have at least **$20,000** of first-party medical (PIP) **of their own**, on top of the liability insurance the motorcycle must carry. Anyone under 21 must wear a DOT-compliant helmet. Helmets still cut the risk of fatal head injury. Wear one even when the statute lets you skip it. Not wearing a helmet does not bar a claim by itself. The other side may argue **comparative fault** on the head injury. If you are found **50% or more** at fault, noneconomic damages are barred. See [helmet laws](https://callsam.com/blog/motorcycle-helmet-laws/). ## CALL TODAY TO GET THE BERNSTEIN BIKER ADVANTAGE® Many of our lawyers and staff ride. We know the road and the statute book. We will fight for the compensation you and your family deserve. Motorcycle passenger laws are complicated, but finding the right [motorcycle accident lawyer](https://callsam.com/case-types/motorcycle-accidents/) is simple. Fill out the brief form below or contact us for a free, no-obligation consultation. ## Related Posts ### [What Are the Michigan Laws for Mopeds, ORVs and Scooters?](https://callsam.com/blog/what-are-the-michigan-laws-for-mopeds-orvs-and-scooters/) ### [Spotlight on Speed: How Excessive Speeding Affects Michigan Motorcycle Accident Cases](https://callsam.com/blog/excessive-speeding-motorcycle-accident-cases/) ### [Innovative Technology Enhances Motorcycle Accident Safety: Smart Helmets, Wearable Airbags and More](https://callsam.com/blog/technology-enhances-motorcycle-accident-safety/) ### [Michigan ATV and Off-Road Vehicle Accidents: When to Call an Attorney](https://callsam.com/blog/michigan-atv-off-road-accidents/) ### [Is It Dangerous to Put Car Tires on Motorcycles?](https://callsam.com/blog/car-tires-dangerous-on-motorcycles/) ### [Bad Motorcycle Tires Can Be Deadly: What Bikers Should Know About Tire-Related Motorcycle Accidents](https://callsam.com/blog/bad-tires-cause-motorcycle-accidents/) ### [Can Grass Clippings Cause Deadly Motorcycle Accidents? What Every Biker Should Know](https://callsam.com/blog/grass-clippings-motorcycle-accidents/) ### [How to Avoid Summer Motorcycling Accident Hazards](https://callsam.com/blog/summer-motorcycle-accident-hazards/) ### [Latest Statistics Show Rise in Fatal Motorcycle Accidents in Michigan](https://callsam.com/blog/latest-statistics-show-rise-in-fatal-motorcycle-accidents-in-michigan/) ### [Does Medicare Cover Motorcycle Accidents in Michigan?](https://callsam.com/blog/medicare-motorycle-accident-coverage/)