Motorcycle & ORV Law
Our legal team services clients that are avid motorcycle enthusiasts to weekend riders. The lawyers at Jay Zelenock Law Firm handle cases for injured motorcyclists and their passengers. These cases often involve no-fault insurance, negligent motorists, other motorcyclists, drunk drivers and against the government over roads in disrepair. Our lawyers also have experience in cases in which off-road vehicles (ORVs) are involved.
If you’ve been in a motorcycle or ORV-related accident please get in contact with our lawyers to see how we can help.
Another Satisfied Client
“In the midst of a very difficult and uncertain situation, Jay's careful personal attention to our case helped us weather the storm and reach a successful conclusion. He always made time for our questions and concerns.”
What Our Clients Say...
“We only can state that working with the Zelenock Law Firm is confidence-inspiring. Jay is accessible, he listens, he is knowledgeable and he executes.”
"If you're in crisis or simply have a question, the team at the law firm of Jay Zelenock wants you to get what you need so that you can move forward. They are smart, respectful, caring and down to earth."
Client Success Story:
Motorcycle accident – No Fault Insurance—Medical Benefits – Insurance Coverage Litigation -- Statutory Construction – Attorney’s Fees Awarded –Appellate Litigation—Published Case Decision
A retired steel worker from Kentucky was enjoying a summer motorcycle ride in Northern Michigan with a group of tourists on a multi-state ride organized by a Harley- Davidson owners group, when he was struck by a car driven by a Michigan resident. He was thrown from his motorcycle and suffered severe left ankle fractures and shoulder injuries (torn rotator cuff). As a result, his motorcycle and vacation were ruined. He required multiple surgeries and other medical care and was unable to do work on his farm and horse ranch.
As is too often true, the insurance company refused to pay any claims voluntarily and forced extensive litigation, which increased expenses for all involved. During the litigation, the insurer insisted on traveling to Ohio, Kentucky, and West Virginia to conduct depositions of medical experts near the client’s Kentucky home (near Marshall University).
Mr. Zelenock’s firm met and defeated the insurer’s delay tactics step-for-step, and prevailed on the claims entirely. The trial court granted Mr. Zelenock’s motion for summary disposition on the insurance “coverage” issues and entered Judgment in favor of the motorcyclist/tourist client on the medical bills and other insurance benefits owed by the insurer totaling over $75,850. The Court also granted Mr. Zelenock’s motion for an award of attorney’s fees, costs and interest against the insurance company adding more than $51,000 to the Judgment for the client. Nevertheless, the insurance company remained stubborn and refused to pay, and filed an appeal with the Michigan Court of Appeals, causing additional substantial delay and expense for all involved, including the judicial system. The insurer’s tactics were again defeated. After extensive briefing and oral arguments in Lansing, the Michigan Court of Appeals issued a unanimous, published opinion affirming the decisions in favor of the motorcyclist on the more than $75,850 in insurance benefits and $51,000 in additional costs, fees and interest. (“Published” cases are given more weight as common law binding precedent than “unpublished” decisions from the Court of Appeals.) This case is now controlling, binding law throughout the State of Michigan on the issues decided. This case has been cited repeatedly by other courts in adjudicating other cases, as well as academic and other persuasive legal authorities.
The insurer remained stubborn and caused additional delay and expense. It filed another appeal, this time to the Michigan Supreme Court. Mr. Zelenock’s firm filed extensive appellate briefings with the Supreme Court. The Supreme Court affirmed the decision of the lower courts, and the insurer’s days of delays were over (at least on this matter). After more than 3 years of litigation, and work on the file that included travel to 3 other states (as well as multiple counties in Michigan), the insurer was defeated and forced to pay in full the Judgment, costs, and fee award, as well as more than 3 years of interest on these amounts. The total recovered from the insurer was over $300,000, considering the awards paid in this case and the third-party tort case.