Motorcycle Accident Claims in Michigan
The Michigan helmet law, whether lane splitting is legal, how fault is shared after a motorcycle crash, and the deadline to sue.
Short answer: Motorcycle operators and riders must wear a crash helmet, except that a person 21 or older may ride without one if the operator has had a motorcycle endorsement for at least 2 years or passed a motorcycle safety course, and the operator or rider has at least $20,000 of first-party… MCL 257.658(4), (5)
| Motorcycle helmet law | Motorcycle operators and riders must wear a crash helmet, except that a person 21 or older may ride without one if the operator has had a motorcycle endorsement for at least 2 years or passed a motorcycle safety course, and the operator or rider has at least $20,000 of first-party medical benefits coverage as the statute requires. Moped and electric-skateboard riders under 19 must wear a helmet. Read on legislature.mi.gov on 2026-10-28. Source: MCL 257.658(4), (5) |
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| Lane splitting | A motorcycle is entitled to the full use of a lane, and a motor vehicle must not be driven so as to deprive a motorcycle of it; this does not apply to motorcycles riding 2 abreast in one lane. Motorcycle riders may not ride more than 2 abreast except on a path or part of the road set aside for them. Read on legislature.mi.gov on 2026-10-28. Source: MCL 257.660(2), (3) |
| Fault rule (comparative negligence) | Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain and suffering) are awarded. In auto no-fault tort cases, no damages for noneconomic loss are assessed in favor of a party more than 50% at fault. Source: MCL 600.2959; MCL 500.3135(2)(b) |
| Minimum car insurance | Michigan is a no-fault state. For policies issued after July 1, 2020, default liability limits are $250,000 per person and $500,000 per accident for bodily injury, and $10,000 for property damage; a policyholder may choose lower limits, but not below $50,000/$100,000, by signing a state form. Drivers choose a personal injury protection (PIP) medical coverage level: unlimited, $500,000, $250,000, or (for qualifying Medicaid enrollees) $50,000, with some drivers able to opt out under other rules. A person may sue for noneconomic loss only for death, serious impairment of body function or permanent serious disfigurement. PIP choices: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3107c ; tort threshold: https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-500-3135 |
| Deadline to sue for an injury | Three years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; 10 years applies to claims for criminal sexual conduct. Source: MCL 600.5805(2), (3), (6), (8) |
More Michigan personal injury & wrongful death
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FAQ
Do you have to wear a motorcycle helmet in Michigan?
Motorcycle operators and riders must wear a crash helmet, except that a person 21 or older may ride without one if the operator has had a motorcycle endorsement for at least 2 years or passed a motorcycle safety course, and the operator or rider has at least $20,000 of first-party medical benefits coverage as the statute requires. Moped and electric-skateboard riders under 19 must wear a helmet.
Is lane splitting legal in Michigan?
A motorcycle is entitled to the full use of a lane, and a motor vehicle must not be driven so as to deprive a motorcycle of it; this does not apply to motorcycles riding 2 abreast in one lane. Motorcycle riders may not ride more than 2 abreast except on a path or part of the road set aside for them.
Can you recover damages if you were partly at fault in Michigan?
Modified comparative fault. Damages are reduced by the injured person's percentage of fault. If the injured person's fault is greater than the combined fault of all others (that is, more than 50%), economic damages are reduced by that percentage and no noneconomic damages (such as pain and suffering) are awarded. In auto no-fault tort cases, no damages for noneconomic loss are assessed in favor of a party more than 50% at fault.
What is the minimum car insurance required in Michigan?
Michigan is a no-fault state. For policies issued after July 1, 2020, default liability limits are $250,000 per person and $500,000 per accident for bodily injury, and $10,000 for property damage; a policyholder may choose lower limits, but not below $50,000/$100,000, by signing a state form. Drivers choose a personal injury protection (PIP) medical coverage level: unlimited, $500,000, $250,000, or (for qualifying Medicaid enrollees) $50,000, with some drivers able to opt out under other rules. A person may sue for noneconomic loss only for death, serious impairment of body function or permanent serious disfigurement.
What is the statute of limitations for personal injury in Michigan?
Three years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; 10 years applies to claims for criminal sexual conduct.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.