HELMET LAW CHANGES

FAQ: $20,000 DOLLAR INSURANCE REQUIREMENTS

            Printable copy here

            FAQ - $20,000 dollar insurance requirement - Per Abate Lawyer Dondi

            Vesprini

            1. Is the required medical coverage a Personal Injury Protection

            coverage?

            No. It is a specific coverage required to be purchased on your

            motorcycle insurance policy.

            2. Can the required medical coverage be considered satisfied as part

            of the PIP medical coverage of my AUTO policy?

            No. The  medical coverage required by the new law is required on you

            motorcycle policy, as opposed to medical coverage you may have

            elsewhere, (i.e., on auto policy, health insurance, Medicare, etc)

            3. Can I satisfy the required medical coverage if I have health

            insurance coverage of at least $20,000.00?

            No. The medical coverage required by the new law is required on your

            motorcycle policy, as opposed to medical coverage you may  have

            elsewhere, (i.e., on auto policy, health insurance, Medicare, etc)

            4. Is the required medical coverage necessary for each individual

            motorcycle policy, even if you can only ride one of the many

            motorcycles you own?

            Yes. If you want to ride each of your motorcycles without a helmet,

            you must have the required medical coverage on each motorcycle

            insurance policy covering each motorcycle.

            5. When may a passenger ride without a helmet under the new law?

            The passenger may ride  without a helmet if they are over 21 and

            fall into one of the following scenarios:

            - If the passenger is insured by a motorcycle policy which provides

            at least $20,000.00 in medical coverage which is payable in the

            event he/she is involved in an accident.

            If the operator has on his/her motorcycle policy BOTH $20,000.00 in

            medical coverage for himself/herself AND an additional $20,000.00 in

            medical coverage to cover a passenger. (Ex. Medical coverage of

            $20,000.00 per person/$40,000.00 per accident.)

            6. Under what circumstances would an officer be able to pull me over

            to investigate whether me or my passenger are illegally riding

            without a helmet?

            Stopping a motorcyclist for "improperly" riding without a helmet

            would be difficult, if that is the only reason for the stop.

            Generally, to justify a traffic stop, an officer must have an

            articulable suspicion of illegal conduct. Other than a person who

            may appear  obviously younger than 21 riding without a helmet, it

            would be difficult for an officer to have an articulable suspicion

            that a person has not  had an endorsement for at least 2 years; has

            not passed a motorcycle safety course; or does not have the required

            medical coverage on his/her motorcycle policy.

            (Addendum from Rusty)

            Per the Michigan State Police:

            Officers are reminded that an officer must have articulable and

            reasonable suspicion that a violation of the Michigan Vehicle Code 

            has occurred in order to lawfully stop a  vehicle for a violation of

            the Michigan  Vehicle Code. For example, officers may not stop a

            motorcycle operator for not  wearing a helmet based on the mere 

            possibility the operator or passenger may  not be exempt from the

            requirement to wear  a helmet. Officers must possess facts rising to

            the level of reasonable suspicion that the  operator or passenger is

            required to wear  and helmet and is  violating the requirement.

            MCL 257.658 does not require a motorcycle operator to carry proof

            that he or she has possessed a motorcycle endorsement for at  least

            two years or has successfully passed  the motorcycle safety course. 

             Additionally, the law does not require a motorcycle operator or

            passenger carry  proof of the $20,000 security required to  operate

            or ride a motorcycle without a  helmet.   

 

            A.B.A.T.E. Of Michigan Inc.

            P.O. Box 99

            Constantine, Mi

            49042