Michigan No-Fault Law

NO-FAULT COVERAGE

What is no-fault coverage? It means that everyone who has insurance can receive a benefit, no matter who is at fault in an accident. Michigan’s no-fault laws do not mean that the driver who caused the accident is not responsible for the consequences. It just means there is a way to make a claim—and a way to find out which insurance company will pay for any damage and injuries. What you need to know is that, in Michigan, your course of action should be to contact your own insurance agency first.

What are Michigan's no-fault insurance benefits

Regardless of who is at fault, you must file a claim with your own insurance agency. Exceptions to this rule include:

  • Company cars: File a claim with your employer’s insurance company if you were driving a company car when the accident occurred.
  • No insurance: If you don’t have insurance, in many situations you are still entitled to benefits—such as if you were riding a bike, walking, or were a passenger. In these cases, you would file a claim with a household relative’s insurance policy.
  • Motorcycles: If you were struck by a truck or car while riding a motorcycle, you can file a claim with that driver’s insurance company. However, many exceptions apply when it comes to motorcycles, so call our firm immediately for advice.

All of this can be confusing, especially if you are suffering from physical pain from an accident. We’re here to help. We’ll advise you and will get in touch with the proper insurer(s) on your behalf to make sure that you know your rights and that you receive all of the benefits you’re entitled to.

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YOUR RESPONSIBILITIES

Report any accidents to the police, even a minor one: Report accidents and any injuries when they happen, if possible. If that is not possible, be sure to report them within twelve months, as this is required by Michigan law. To claim compensation for injuries that happen as a result of an accident, you must obtain medical verification of related injuries.

Pay attention to symptoms and speak up: You should know that all medical issues don’t show up right away after an accident. It may be several days, for example, until you feel the pain of whiplash. Pay attention and report any symptoms that appear. Also, severe injuries can obscure, or mask, other injuries. Make sure you tell your physician about any pain, even if an injury is not found during the initial examination. For example, tendon damage may not be noticed when an arm is broken and would need to be treated separately.

YOUR POTENTIAL BENEFITS

Should you file? If the injury is affecting your quality of life or your ability to work, you should file a claim. Even if an impairment is temporary, you may be eligible for compensation.

Medical Expense: A Michigan no-fault policy covers Allowable expenses consisting of all reasonable charges incurred for reasonably necessary products, care, recovery or rehabilitation. Qualifying expenses include physical rehab and therapy, charges from physicians and hospitals, medicines, home or vehicle modifications for wheelchair access or other accommodations, and mileage related to medical appointments.

According to the law, you may collect lost wages or earnings up to three years after an incident. Even if you were not working at the time, in many cases as long as you were looking for a job, you may be entitled to claim lost wages if the accident hindered your ability to pursue employment.

Replacement Services: Following an accident, you may be able to claim up to $20 per day for three years for certain expenses associated with tasks you or the injured person can no longer perform. Such tasks include errands, yard work, child care, cleaning, grocery shopping, or other household chores that you or the other person used to perform, but are no longer able to do because of the accident.

Attendant Care Benefits: If you were seriously injured in an accident, you may be eligible to receive benefits to cover the expense of a personal caretaker. This may be payable even if a family member is the one being paid to care for you or the injured person. Duties that are covered range from help with personal hygiene to at-home medical care, including managing prescriptions. If you qualify for this benefit, it will be paid for as long as you need it.

Contact Whiting Law for a free initial consultation.