How to File a Motorcycle Accident Lawsuit in Michigan

If you’ve been seriously injured in a motorcycle crash and the insurance company won’t offer a fair settlement, filing a lawsuit may be your best or only option. In Michigan, motorcycle accident victims have the right to take legal action against at-fault drivers and other responsible parties. But the legal process can feel overwhelming without the right guidance.

This page walks you through when and why to file a motorcycle accident lawsuit, what the process looks like, and how to protect your rights every step of the way.

Table of Contents

When Should You File a Motorcycle Accident Lawsuit in Michigan?

Filing a motorcycle accident lawsuit isn’t always necessary, many claims are resolved through insurance settlements. But when the insurance company refuses to pay what your case is worth, or denies your claim altogether, taking legal action may be the only way to recover the compensation you deserve.

Common reasons to file a lawsuit include:

The insurance company denies liability or blames you for the crash
You receive a lowball settlement offer that doesn’t cover your damages
Your injuries are serious, long-term, or permanently disabling
The at-fault driver was uninsured or underinsured
The insurance company delays or drags out the process

Lawsuits apply pressure and force the other side to take your case seriously. Even if your claim settles before trial, having a lawsuit on file gives you legal leverage you simply don’t have during the negotiation phase alone.

Steps to File a Motorcycle Accident Lawsuit in Michigan

If you decide to pursue a lawsuit, it’s important to understand the process. Filing a motorcycle accident lawsuit involves multiple legal steps from gathering evidence and preparing court documents to entering the discovery phase and, if necessary, going to trial.

Below is a step-by-step breakdown of what typically happens once you move forward with a legal claim:

🧾 Step	📋 Description	⏱️ Typical Timeframe
Case Investigation	Lawyer reviews evidence, interviews witnesses, consults experts	2–4 weeks
Demand Letter	Sent to insurance company requesting settlement	1–2 weeks after investigation
Filing the Complaint	Formal lawsuit filed in court; outlines legal claims	Within statute of limitations
Service of Process	Defendant is formally notified of the lawsuit	Within 90 days of filing
Discovery Phase	Exchange of documents, depositions, expert reports	3–9 months or longer
Mediation/Negotiation	Attempts to resolve before trial	Can occur anytime before trial
Trial (if needed)	Case goes to court for judgment	Often 12–24 months after filing

Each case is different. Some settle shortly after filing. Others require extensive litigation. A lawyer will help you navigate each phase while protecting your rights.

What Evidence Will Be Used in a Motorcycle Lawsuit?

Strong evidence is the foundation of any successful motorcycle accident lawsuit. To prove liability and the full extent of your damages, your legal team will gather and present a wide range of materials from crash scene documentation to expert testimony. This evidence doesn’t just support your version of events, it directly affects how much compensation you may recover.

📄 Type of Evidence	🎯 Purpose	🗂️ Source of Evidence
Police Reports	Establish fault and document crash details	Law enforcement agency
Medical Records	Prove injury severity and treatment history	Hospitals, physicians, therapists
Crash Scene Photos	Show vehicle damage, road conditions, injuries	Rider, witness, or accident investigator
Witness Statements	Support your version of events	Eyewitnesses, passengers, bystanders
Expert Testimony	Clarify causation, injury severity, or liability	Medical, accident reconstruction, or economic experts
Wage Loss Records	Show income lost due to injury	Employer, tax returns, self-employment docs

This evidence is organized and presented strategically throughout the litigation process from initial filings through depositions and trial.

What Happens If the Case Goes to Trial?

Most motorcycle accident lawsuits settle before reaching the courtroom but if your case goes to trial, it’s important to know what to expect. A trial is your opportunity to present your evidence, tell your story, and have a jury (or judge) decide the outcome. Here’s how a motorcycle accident trial typically unfolds:

Jury Selection – Both sides help choose jurors who will hear the case.
Opening Statements – Each attorney outlines what they intend to prove.
Presentation of Evidence – Witnesses, medical experts, photos, and records are presented to establish fault and damages.
Cross-Examination – Each side has the opportunity to challenge the other’s evidence or testimony.
Closing Arguments – Lawyers summarize the case and ask the jury for a favorable verdict.
Jury Deliberation & Verdict – The jury reviews the evidence and reaches a decision on liability and compensation.

Going to trial can be stressful, but it also offers the chance to recover full damages especially when the insurance company refuses to negotiate fairly.

How Long Do You Have to File a Motorcycle Lawsuit in Michigan?

In most cases, Michigan law gives injured motorcyclists three years from the date of the accident to file a lawsuit. This is known as the statute of limitations. If you miss this deadline, your case will likely be dismissed no matter how serious your injuries or how strong the evidence may be.

There are some exceptions, such as cases involving minors or certain government entities, but they’re rare and often subject to additional procedural rules.

The sooner you take legal action, the better. Waiting too long can result in lost evidence, fading memories, and limited legal options. Even if you’re not sure whether you want to sue, consulting a lawyer early helps preserve your rights and strengthens your negotiating position.

Why You Need an Attorney for a Motorcycle Accident Lawsuit

Filing a motorcycle accident lawsuit is more than just submitting paperwork, it’s a complex legal process that requires strategy, documentation, and courtroom skill. Insurance companies have legal teams working to minimize payouts. You need someone on your side who knows how to fight back.

An experienced motorcycle accident attorney can:

Investigate the crash and build a strong case from day one
Handle all court filings, deadlines, and procedural requirements
Gather expert witnesses and present compelling evidence
Negotiate from a position of strength or take your case to trial if necessary
Maximize the value of your claim, including long-term damages

You don’t have to go through this alone. Contact us today for a free consultation and take the first step toward securing the justice and compensation you deserve. For more resources on motorcycle accident claims including pain and suffering, lost income, and wrongful death, visit our Motorcycle Compensation & Claims Guide.

Frequently Asked Questions About Motorcycle Accident Lawsuits

Do I have to file a lawsuit to get compensation after a motorcycle crash?

Not always. Many cases settle through insurance negotiations. However, if the insurer refuses to offer a fair settlement, a lawsuit may be necessary to recover full compensation.

How long do motorcycle accident lawsuits take?

It varies. Some lawsuits settle within a few months, while others — especially those that go to trial — may take a year or longer, depending on the complexity of the case.

What does it cost to file a motorcycle accident lawsuit?

Most motorcycle accident attorneys work on a contingency fee, meaning you pay nothing upfront. Your lawyer only gets paid if you win or settle your case.

Can I still settle after filing a lawsuit?

Yes. In fact, most lawsuits settle before trial. Filing puts legal pressure on the other side and often leads to better settlement offers.

What happens if I lose the lawsuit?

If you lose, you typically won’t owe the defendant anything. However, you may be responsible for court costs or expert witness fees — your attorney can explain the risks based on your case.

5/5 - (1 vote)