I want to thank all the regions who had me out over the past couple months to discuss no fault reform’s blatant discrimination against motorcyclists and how we can get this fixed with the passage of HB 4809. It was nice to see everyone again in person instead of on a Zoom computer screen! I appreciate the conversations I had with everyone as I always enjoy spending time with the Regions!
For those not aware, as of July 1, 2020, persons applying for or renewing their auto insurance will for the first time be given a choice to opt out or cap their medical expense coverage under no fault. Those choices will include opting out of medical expense coverage completely (if the person has Medicare and any spouse or relative in the household have health insurance which covers accidents, Medicare or is covered under another auto policy); capping at $50,000.00 (if the person has Medicaid); $250,000.00; $500,000.00; or to keep unlimited benefits as the “old” no fault law provided for.
HERE IS THE POTENTIALLY CRIPPLING EFFECT THIS HAS ON MOTORCYCLISTS: When a motorcyclist is involved in an accident with a motor vehicle, it is the insurer of the owner, registrant or operator of the involved automobile that is first in priority to pay the motorcyclists no fault benefits. Under the new law, a motorcyclist is bound by the cap that the motorist chose for himself/herself on his/her own auto policy! For example, if the motorist chose a $50,000.00 cap for himself on his auto insurance policy and he is involved in an accident with a motorcycle, the motorcyclist’s no-fault benefits are capped at $50,000.00! Thus, while motorists will have a direct choice on the amount of no-fault benefits available in the event they are injured in an accident, motorcyclists have no such choice.
I have drafted a bill, being HB 4809, which if passed would fix this discriminatory and financially devastating impact to injured motorcyclists. HB 4809 would allow motorcyclists injured in an accident involving a motor vehicle to seek their no-fault benefits from their OWN auto insurance instead of that of the other driver. This way, JUST LIKE EVERYONE ELSE INJURED IN A MOTOR VEHICLE ACCIDENT IN MICHIGAN, the motorcyclist would get the benefit of the medical choice the motorcyclist made for HIMSELF/HERSELF on his or her OWN auto insurance, instead of being handcuffed to the choice of another.
We are in the midst of riding season. Do not wait! Please contact and educate your legislators so we can get our new bill introduced and passed to fix this discriminatory and dangerous situation that motorcyclists find themselves in. There is a perception with many legislators that if they don’t hear from citizens in their district about a problem, then the problem must not exist. I can tell you, speaking for the numbers of tragically injured motorcyclists that I represent, this is a very real and life-changing problem that can be provided a very real solution through HB 4809.
HB 4809 was introduced to the House insurance committee on May 6, 2021. Contact your legislators today and urge their support to get this bill passed! If you need assistance, I have asked ABATE to post to their website a sample letter that you can download and use to contact your legislators on this important issue!
As your attorney for ABATE of Michigan and a trial attorney who represents injured motorcyclists on a daily basis, I can assure you I will do my part to continue to work towards righting this wrong that the insurance industry and our legislature have perpetrated on the motorcyclists of this great state.
It is critical that if you are involved in a motorcycle accident that you reach out to me to share your situation so I can help navigate you through these new waters we are swimming in and potentially use your story to share with legislators as real-life example of the harm this law is doing.
As always, if anyone has any questions or if I can be of legal assistance to you or anyone you know dealing with this issue or who has been injured in a motorcycle accident, please don’t hesitate to contact me as I deal with these types of claims on a daily basis on behalf of injured motorcyclists statewide.
Further, if you would like to have me come out to your Region to speak or give a presentation on the legal rights of an injured motorcyclist or on any specific topic that your region may be curious about, please don’t hesitate to give me a call at (248-569-4646) or shoot me an e-mail at Dondi@buckfirelaw.com. I give presentations to Regions state-wide and there is never a charge associated with having me out. I enjoy having the opportunity to come out and meet motorcycle enthusiasts from all parts of our State!
Dondi Vesprini email@example.com
Phone: 248 569-4646
“Urgent! We need you to send your State Senator and House Representative this letter, edited with your info, immediately and ask them to support HB 4809! If you don’t know who your State Senator or House Representative is, ask your RC or call Eric at 269-435-2058”
ABATE of Michigan Inc.
P.O. Box 99
Constantine, Mi. 49042
Phone: 269 435-2058
ABATE of Michigan
Fighting for the rights of all motorcyclists since 1976