Uninsured Motorcyclists Are Permitted to Recover Damages

Michigan Court of Appeals Rules Uninsured Motorcyclists Are Permitted to Recover Damages

In a recent decision, Brickey v McCarver, ___ Mich App ___; Docket No. 337448 (April 17, 2018), the Michigan Court of Appeals ruled that if a person is driving his motorcycle, while it is uninsured, and is involved in an accident caused by someone else’s negligence, he can recover non-economic damages for the injuries he suffers. The decision is important because, under Michigan’s no-fault act, if a person is driving his “motor vehicle” (such as an automobile) and it is uninsured, then the person is barred from recovering such non-economic damages. MCL 500.3135(2)(c). The reason motorcycles are treated differently, according to the Court, is that they do not meet the definition of “motor vehicles” provided in Michigan’s no-fault act. MCL
500.3101(2)(i)(i).