Legal Question in Personal Injury in Michigan

My dad was rear ended by a car while riding his moped that was leagally plated. The auto owners insurance wont pay his medical bill because Michigan does not recognize his moped as a motor vehicle. and he doesn't qualify as a pedestrian. As least thats what they told me. Is this true? He did not have insurance on his moped. He doesn't legally have to in this state. But he does have medicare for his health insurance. It just wont cover like the attending nurse he needs.


Asked on 9/29/11, 5:57 am

3 Answers from Attorneys

Timothy Klisz Klisz Law Office, PLLC

That is a total lie by the insurance company. If you are involved with a collision with a motor vehicle, no fault covers it. Which company pays is a trickier issue, but coverage is not. Call me at (313)402-0853 to discuss the details. Tim Klisz

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Answered on 9/29/11, 6:09 am
Peter Lamont Law Offices of Peter J. Lamont

This may be true. Certain states like New Jersey have exclusions contained in their personal injury protection/no-fault statutes that exclude certain means of transportation which they do not seem to be a motor vehicle. In New Jersey, a moped or motorcycle is not a motor vehicle as defined by the PIP statutes and thus there is no PIP/no-fault coverage for an injured motorcycle or moped rider. However, your father should be able to obtain PIP coverage from the driver who rear-ended your father. The offending driver's carrier should provide PIP/no-fault coverage. Your father also has a personal injury action that he can bring against the driver of the moped for recovery of pain and suffering so long as he has sustained a significant injury.

I would be happy to answer any additional questions that you may have.

Peter J. Lamont, Esq.

Law Offices of Peter J. Lamont

146 Florence Avenue, Hawthorne, NJ 07506

Phone: (973) 949-3770 Fax: (866) 603-0471

Toll Free: (855) NJLAW01 (855) 655-2901

www.peterlamontesq.com

Additional Offices in Massapequa, NY, San Juan, PR and affiliates throughout the country.

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Answered on 9/29/11, 8:28 am


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