How to Sue the At-Fault Driver’s Insurance Company After a Motorcycle Crash

After a motorcycle crash, you may assume the other driver’s insurance company will step up and pay what you’re owed but that’s rarely how it works. Insurance carriers are focused on limiting payouts, not helping victims. If your injuries are serious and the other driver was at fault, you may need to sue their insurance company to recover full compensation.

This page breaks down when you have the right to sue, what these lawsuits cover, and why it’s crucial to have legal representation when dealing with aggressive insurers after a motorcycle accident in Michigan.

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Can You Sue the Other Driver’s Insurance Company Directly?

Not exactly. Under Michigan law, you don’t sue the insurance company directly in name. Instead, you file a third-party lawsuit against the at-fault driver, and their insurance company is legally obligated to defend them and pay any damages up to the policy limits.

In practice, though, you’re really fighting the insurance company’s lawyers and adjusters. They make the decisions about settlement offers, defense strategy, and whether to take the case to trial.

Here’s what that means for you as the injured motorcyclist:

You cannot file a claim directly against the other driver’s insurance company unless specific bad faith circumstances apply.
Your lawsuit is filed against the driver personally, but their insurance company pays for their defense and (if you win) for most or all of the damages.
If the driver is uninsured or underinsured, other options like UM/UIM coverage or a MACP claim may apply instead.

This legal distinction matters but functionally, when you sue after a serious motorcycle crash, you’re up against the insurance company either way.

When a Third-Party Lawsuit Is Allowed in Michigan

In Michigan, not every motorcycle accident leads to a lawsuit even if you’re badly hurt. To file a third-party claim against the at-fault driver (and by extension, their insurance company), two legal requirements must be met:

The other driver must be at fault.
You need to prove the crash happened because of their negligence — not yours or a no-fault event.
You must meet the “serious injury” threshold.
Michigan law only allows third-party claims for injuries that cause a serious impairment of body function, permanent disfigurement, or death. Minor injuries don’t qualify.

If both criteria are met, you may be eligible to sue the driver and pursue compensation beyond no-fault limits including pain and suffering, excess medical bills, and lost income.

To help clarify when you can sue and when you can’t, here’s a breakdown of common crash situations and how Michigan’s law applies:

🚧 Crash Scenario	⚖️ Was the Driver at Fault?	🩺 Serious Injury Threshold Met?	✅ Lawsuit Allowed?
Rear-ended by a texting driver	Yes	Yes – fractured spine	✅ Yes
Rider broke arm in single-vehicle crash	No	Yes	❌ No – no one to sue
Side-swiped by car, soft tissue injury only	Yes	No – no serious impairment	❌ No
T-boned by red light runner	Yes	Yes – traumatic brain injury	✅ Yes
Hit by uninsured driver, minor leg injury	Yes	No – didn’t meet threshold	❌ No

This is why a legal review is essential after any crash even when it seems obvious that the other driver was at fault. Michigan’s threshold rule can make or break your right to file a claim.

What a Third-Party Lawsuit Covers Beyond No-Fault

Michigan’s no-fault insurance system covers a range of benefits but it doesn’t account for everything. If your injuries are serious and the at-fault driver was negligent, a third-party lawsuit allows you to pursue damages not covered by no-fault insurance.

These additional damages may include:

Pain and suffering
Physical pain, emotional trauma, PTSD, and long-term distress
Excess medical bills
Costs that go beyond your PIP coverage limits
Loss of future earning capacity
If your injuries permanently affect your ability to work
Permanent disability or disfigurement
Compensation for visible scars or life-altering limitations
Loss of enjoyment of life
The impact of not being able to ride, work, or live as you once did

These damages are often where the true value of your case is determined especially in high-impact motorcycle crashes that involve hospitalization, surgery, or long-term recovery.

Steps to Take Before You File a Lawsuit

If you’re considering suing the at-fault driver’s insurance company, preparation is everything. Insurance companies will challenge your claim at every turn and any missing documentation, delay, or misstep can hurt your case.

Before filing a lawsuit, make sure you’ve taken the right steps to build a strong foundation:

✅ Action	📌 Why It Matters	⏱️ When to Do It
Get a copy of the police report	Establishes fault and crash details	As soon as it's available
Seek immediate medical attention	Creates a record of injury and treatment	Within 24–48 hours of the crash
Preserve evidence (photos, gear, bike)	Helps prove severity, impact, and road conditions	Before items are lost or repaired
Avoid giving recorded statements	Insurance may use it to minimize your case	Decline until you speak to a lawyer
Consult a motorcycle accident attorney	Protects your rights and avoids costly errors	Before dealing with insurers directly

While it’s tempting to assume the insurer will “do the right thing,” that’s rarely the case. Being proactive gives you leverage and increases your chances of a successful outcome in or out of court.

Why Legal Representation Is Critical When Suing an Insurance Company

Taking legal action against an insurance company is nothing like filing a basic claim. You’re not just dealing with an adjuster, you’re going up against a multi-billion-dollar corporation with teams of lawyers trained to protect its bottom line.

Here’s why having an experienced motorcycle accident attorney matters:

They know how to prove liability and meet the injury threshold
Your lawyer can gather medical records, consult experts, and prove that your injuries meet Michigan’s legal standard for a third-party lawsuit.
They handle insurer tactics
Insurance companies may delay, deny, or undervalue your claim. A lawyer pushes back — and makes it clear you won’t settle for less.
They know what your case is truly worth
You might be entitled to more than you realize especially for pain, suffering, and long-term financial losses.
They position your case for trial (even if it settles)
Insurers only take claims seriously when they know the other side is ready to fight not just negotiate.

With so much at stake after a motorcycle crash, trying to take on the insurance company alone is a risk you don’t need to take. We’re here to level the playing field and get you what you deserve.

Ready to Take Action? We’ll Guide You Every Step of the Way.

If you’re thinking about suing the at-fault driver’s insurance company, experience and personal attention matter. At The Clark Law Office, we’re not a high-volume firm where your case gets passed off to a junior associate. When you hire us, you’ll work directly with attorney Matthew R. Clark – not a case manager, not a call center.

We’ve helped countless motorcycle accident victims in Michigan stand up to insurers and recover the compensation they deserve. We’ll evaluate your case, explain your options, and fight aggressively for your rights and you won’t pay a dime unless we win. Schedule your free consultation today and find out how we can help.

Frequently Asked Questions About Suing The At Fault Driver

Can I sue the other driver’s insurance company directly in Michigan?

Not by name. Michigan law requires you to sue the at-fault driver, and their insurance company is responsible for defending the case and paying damages up to their policy limits.

What injuries qualify for a third-party motorcycle accident lawsuit?

Your injury must meet Michigan’s “serious impairment of body function” threshold. This includes long-term physical limitations, disfigurement, or life-altering trauma. Minor injuries don’t qualify.

Can I still sue if I received no-fault benefits?

Yes. No-fault covers medical expenses and limited wage loss, but it doesn’t cover pain and suffering, emotional distress, or excess damages. A third-party lawsuit is how you recover those additional losses.

What if the at-fault driver was underinsured or uninsured?

You may still have options. If they were underinsured, your UIM coverage may apply. If they were uninsured, you may qualify for a UM claim or seek benefits through the Michigan Assigned Claims Plan (MACP) in some cases.

How long do I have to file a lawsuit after a motorcycle crash?

In Michigan, you generally have three years from the date of the crash to file a third-party personal injury lawsuit. However, shorter deadlines may apply in certain insurance disputes, so don’t wait to get legal advice.

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