Law Offices of Lawrence S. Katkowsky, P.C.

30200 Telegraph Road, Suite 430
Bingham Farms, MI 48025-5711
800-683-9888

Home Firm Overview Attorney Profile Practice Areas Latest News Resource Links Directions Contact Us

Motorcycle & Recreational Vehicle Accidents . Car Accidents . Product Liability . Civil Rights . Criminal Law

Katman's Questions
Free Initial Consultation
Quick Contact
Name: Email: Phone: Message:

Katman's Korner

As this column is being written, the tragic events in New Orleans and the Gulf Coast are still unfolding. As the debate rages as to who is, or, rather, whom are at fault for lack of preparedness, we motorcyclists can learn a lesson from this primordial chaos and stench of death and destruction.

It had long been known that New Orleans is (was!) set largely below sea level, protected only by levees designed to withstand only a class 3 hurricane. Its barrier islands had largely been erased by prior storms and erosion and had not been replaced by natural forces of the Mississippi because of constant dredging of the Mississippi delta. In other words, it was a disaster waiting to happen.

The same can be said for those folks living on or west of the San Andreas fault. And what more can be said about the many other places around the world where people live under the same kinds of hazards. Naples, for one (Vesuvius), comes to mind.

But today's debate is not about what we cannot prevent, but what we can do to minimize the risk. We are asking why did the money to shore up the levees dry up in the years leading up to Katrina? Why was there no concrete plan in place to evacuate the sick, poor, and infirm, even when catastrophe was staring everyone in the face? Questions like that are fair and must be answered.

But as we pour our donations into the relief effort and ask those questions, those same questions should be asked about ourselves in relationship to motorcycling.

Motorcycling is risky business. And if you don't know that, you'd better get out of it now while the getting is good.

So, how are you set up to handle that risk? Are you at the full state of preparedness which will keep you out of a death or serious injury situation or financial disaster because of known risks of motorcycling? Are you ready to confront that sudden emergency of that car turning left in front of you. Have you learned how to foresee that eventuality (like the hurricane in New Orleans, it's not a matter of "if" but "when") so that you can be prepared to react to it. Have you learned the scanning tricks or learned how to use Murphy's law as it pertains to motorcycling - what can go wrong probably will go wrong. Have you learned how to position yourself in traffic so as to give yourself the best edge possible to stay out of harms way? Have you learned the correct way to do a quick swerve so that you can dodge a hazard with a minimum of time lapse? And, if you have learned the technique, have you practiced it enough to make it automatic? Have you learned how to make a quick stop on a curve so that you don't go down if stopping is your only alternative? And have you practiced it? Why haven't you taken a motorcycle safety course? Are you wearing the proper equipment? Are tennis shoes, shorts and a T-shirt really the way to go when you're riding?

If the unthinkable happens and you cannot avoid that debilitating accident, have you provided a sufficient amount of medical and disability insurance to minimize the expenses to yourself and your family? Do you even know what kinds of insurance are out there to minimize the financial costs? Have you put a will into place? Or a comprehensive estate plan? Do you have a living will? What do you want to happen to you if you are in a vegetative state with no way out?

All those questions that we will demand be answered by elected representatives of the People in the coming weeks and months about Hurricane Katrina, we should also be asking ourselves. Anyone living on the edge, and motorcyclists certainly do, have an obligation to not only ask the questions, but to take the right steps to answer them positively so that you can say, I am ready . . . I am prepared.

Insurance Tip of the Month.

Lately it has come to my attention that agents of certain insurance companies that issue motorcycle insurance - Progressive, for one, comes to mind - have been telling prospective insurance applicants that medical payments coverage would only cover the driver-owner of the motorcycle and blood relatives on the bike and nobody else. Nothing could be farther from the truth. Under §3103(2) of the no-fault act, motorcycle insurance companies are required to offer medical payments coverage to the owner of a motorcycle in increments. Motorcyclists are not required to purchase these benefits.

Where Progressive and others have it wrong is that, while under §3103(2), the company can provide for deductibles and coordination of insurance, by the statute's terms "These deductibles and provisions shall apply only to benefits payable to the person named in the policy, the spouse of the insured, and any relative of either domiciled in the same household." The non-resident, non-blood relative, passenger is not subject to those deductibles and otherwise has medical payments coverage from the motorcycle insurer to the extent of the purchased coverage.

Hope that clears up the question.

Until next time, ride SAFE and FREE.

(This column was written on September 8, 2005 and appeared in the October issue of Midwest Motorcyclist and Michigan Rider.)




What is the minimum insurance required to get a motorcycle registered in the state of Michigan?

Do motorcycles carry No-Fault insurance coverage like automobile insurance policies?

What is No-Fault insurance in Michigan anyhow?

Can motorcyclists still obtain No-Fault benefits since they do not carry the coverage?

What if there are no insurers to look to for payment of the No-Fault benefits?

If I did not carry the required insurance of the bike, can I get No-Fault benefits?

I am out of state, like at Daytona or Sturgis, and I am involved in an accident with a motor vehicle. Can I still qualify for Michigan No-Fault benefits?

If I am hit in Michigan by a car from out of state, who pays the No-Fault benefits?

Is there a time limit on making an application for no fault benefits?

What if the insurance company had no reason for denying benefits but was just being nasty?

More Questions and Answers...

Back To Top

30200 Telegraph Road, Suite 430 / Bingham Farms, MI 48025-5711 / DIRECTIONS / phone: 800-683-9888 / fax: 248-901-3401 / CONTACT US

Home Firm Overview Attorney Profiles Practice Areas Latest News Resource Links Articles Directions Contact Us

Protecting the Legal Rights of Motorcycle riders, Snowmobile and other Recreational
Vehicle operators in metropolitan Detroit and throughout the state of Michigan

This is Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ]