Can an Injured Passenger in a Motorcycle Accident Sue for Compensation?

Peak riding season starts in May. Motorcycles offer almost no crush protection, so riders and passengers take the brunt of a crash. NHTSA 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 can sort them.

DOES MICHIGAN NO-FAULT INSURANCE COVER MOTORCYCLE PASSENGERS?

A motorcycle is not a “motor vehicle” under 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.

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 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.

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 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, 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.

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