Although seeking personal injury protection (PIP) benefits after a snowmobile accident in Michigan is typically not possible, riders have other options for compensation. Depending on the circumstances of the accident, multiple different parties can be held liable.
In this guide, we explain the steps to take after a snowmobile accident, the most common causes of snowmobile accidents, when PIP benefits may be available to injured riders, parties that may be held liable after a snowmobile accident, and a few important snowmobile laws you should keep in mind while riding this winter.
What Should I Do After a Snowmobile Accident in Michigan
Snowmobile accidents can result in serious injuries and extensive damage. Knowing the steps to follow after a snowmobile accident in Michigan can protect your health and potential insurance claim.
- If it is safe to do so, move away from active trails or roads. This minimizes the risk to other riders and helps prevent further accidents and injuries.
- Assess yourself and other riders for injuries. If anyone is seriously injured, call 911 and seek medical attention as soon as possible. Even if immediate medical attention is not required, it is wise to get an examination shortly after the accident, as injuries like whiplash and concussion can initially go unnoticed.
- Report the accident to police if anyone is injured, killed, or property damage in an estimated amount of $100 or more occurs (MCL 324.82132). Should you choose to pursue an injury claim after the accident, a police report can be a vital piece of evidence.
- If another snowmobile or vehicle was involved in the accident, exchange information with the other rider or driver. Make sure to get:
- Their name and contact info
- A picture of their driver’s license
- Their snowmobile registration information
- Their insurance information, if applicable
- Information about the snowmobile’s owner if the operator was not the owner
- Document the accident scene. Take detailed photos and videos of the snowmobiles involved in the accident, the location of the accident, any hazards or dangerous conditions that may have contributed to the accident, skid marks or tracks from the accident, and any injuries that you sustained from the accident.
- Exchange information with any eyewitnesses to the accident. Be sure to get their name and contact information, as their testimony could be very valuable if you choose to pursue an injury claim later on.
- Notify your snowmobile insurer of the accident. If you had insurance on your snowmobile, compensation for damage, medical expenses, and other costs associated with the accident may be available, depending on the specifics of your policy. Promptly notifying your insurer helps avoid delays and potential denials of coverage.
- Preserve evidence. Avoid repairing, discarding, or otherwise modifying the snowmobile and any equipment involved in the accident.
- When discussing the accident with your insurer, police, or the other riders (or drivers) involved in the accident, avoid speculating about fault. Stick to discussing the facts of the accident and be sure not to make any assumptions about who caused the accident. It is also important not to apologize after the accident. A statement as simple as “I’m sorry,” could be interpreted as an admission of fault.
- Talk to an experienced Michigan snowmobile accident attorney. If you suffered injuries in a snowmobile accident, an attorney can investigate the circumstances of the crash, determine who may be responsible, and help you understand what compensation may be available.
What are the Most Common Causes of Snowmobile Accidents
Some of the most common causes of snowmobile accidents include:
- Excessive speed
- Alcohol or drug impairment
- Operator inexperience
- Unsafe trail conditions
- Collisions with other snowmobiles
- Collisions with motor vehicles
- Mechanical failure or defective components
- Poor visibility
- Rider fatigue
Depending on the cause of your snowmobile accident, multiple different forms of compensation may be available.
Are Personal Injury Protection Benefits Available After a Snowmobile Accident in Michigan?
Michigan no-fault PIP benefits are generally available for injuries arising from motor vehicle accidents (MCL 500.3114). However, a snowmobile is not considered a “motor vehicle” according to Michigan’s no-fault law.
Michigan’s definition of “motor vehicle” specifically excludes vehicles with two wheels or less (MCL 500.3101(3)(i)).
As a result, injuries caused solely by a snowmobile generally do not qualify for Michigan no-fault PIP benefits. However, PIP coverage may be available when a snowmobile accident involves a motor vehicle like a car, bus, or truck.
In such instances where a motor vehicle is involved in a snowmobile accident in Michigan, the injured snowmobile rider may be able to claim PIP benefits through their own auto insurance policy, depending on the circumstances of the accident and applicable coverage.
Other Sources of Compensation After a Snowmobile Accident in Michigan
Depending on the circumstances of a snowmobile accident in Michigan, injured riders may be able to recover compensation from one or more sources (in addition to their own auto insurance policy, if another motor vehicle was involved).
An At-Fault Motorist
If a motor vehicle is involved in a snowmobile accident in Michigan, the injured snowmobile rider may be able to pursue a third-party injury claim against the motorist who contributed to the accident.
A Rider’s Own Snowmobile Insurance
If an injured rider insured their snowmobile, they may be able to pursue a claim for medical expenses, damage to their sled, and other costs associated with the accident through their snowmobile insurance policy. The extent of benefits available depends on the specifics of a rider’s snowmobile insurance policy.
Another Snowmobile Rider
If another rider contributed to a snowmobile accident, an injured rider may be able to claim compensation through that rider’s snowmobile insurance policy. Again, the extent of available benefits depends largely on the specifics of the other rider’s snowmobile insurance policy.
A Manufacturer
If a defective snowmobile component contributed to a snowmobile accident, an injured rider may be able to pursue an injury claim against the manufacturer of that component.
Similarly, a dealer, mechanic, or anyone else responsible for the maintenance of a snowmobile might be held liable if it is determined that improper maintenance contributed to an accident.
To better understand all of your potential options for compensation after a snowmobile accident, it is best to consult with an experienced Michigan snowmobile accident attorney. They can help investigate the circumstances of your accident and determine if any negligent parties can be held liable.
Michigan Snowmobile Laws You Should Know
There are a few important laws that you should keep in mind while riding your sled this winter. Understanding these laws can help you stay safe, comply with Michigan’s snowmobile regulations, and avoid behaviors that could contribute to an accident.
Snowmobile Registration and Trail Permits
In Michigan, all snowmobiles must be registered through the Secretary of State, unless operated solely on the snowmobile owner’s own private property (MCL 324.82103).
In addition to being registered, riders must purchase a snowmobile trail permit in order to operate their snowmobile in Michigan (MCL 324.82118).
Operating Snowmobiles on Public Roads
Under certain circumstances, snowmobiles may be operated on public highways in Michigan (MCL 324.82119). Riders should understand the restrictions under this statute and exercise the utmost caution when crossing and operating on roadways, as collisions with motor vehicles can result in serious injuries.
Speed and Safe Operation
According to the Michigan Department of Natural Resources (DNR), “Snowmobiles must follow the same speed limits as cars when operating on seasonal or maintained county roads. There are no speed limits when on trails and/or backcountry; however, you may not operate a snowmobile at a rate of speed greater than is reasonable and proper based on existing conditions.”
Riders should adjust their speed based on conditions, visibility, and the presence of other riders and motorists. Operating at an unsafe speed may contribute to an accident and could become relevant when determining who is responsible for resulting injuries.
Operating a Snowmobile Under the Influence
According to Michigan law, a person shall not operate a snowmobile under the influence of drugs or alcohol in Michigan (MCL 324.82127). Intoxicated riders pose a significant safety risk to themselves and others.
Operating a snowmobile under the influence can result in criminal penalties, including fines and potential imprisonment. Additionally, evidence that a rider was intoxicated may be relevant when determining liability for injuries resulting from a snowmobile accident.
Age and Safety Certificate Requirements
While you do not need a snowmobile-specific license to operate a snowmobile in the state of Michigan there are certain requirements and restrictions that apply depending on the age of a rider.
Riders under the age of 12 must be under the direct supervision of an adult while riding and may not cross streets or highways.
Riders ages 12-16 must obtain a Michigan snowmobile safety permit to ride without adult supervision or to cross a highway or street.
Michigan law does not specifically require riders over the age of 16 to have a valid driver’s license in order to operate a snowmobile. It does, however, prohibit individuals whose driver’s license is suspended or revoked from operating one (MCL 324.82147a).
Helmet Requirements
Michigan law requires snowmobilers to wear a crash helmet, except when riding on his or her own private property (MCL 324.82123).
Talk to an Experienced Michigan Snowmobile Accident Attorney
While PIP benefits are generally not available to injured snowmobile riders unless a motor vehicle was involved in an accident, there are alternative options for compensation. It is important to speak with an experienced Michigan snowmobile accident attorney to fully understand your rights after a crash.
At Femminineo Law, we have the legal know-how to help you make a significant financial recovery after a snowmobile accident in Michigan. The Femminineo Law Accident Response Team will be deployed from the moment you reach out to us – preserving evidence, reconstructing the crash, and helping you build the strongest injury claim possible.
Give us a call at 855-65CRASH or schedule a free consultation with Femminineo Law today.
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