Michigan No-Fault Insurance Frequently Asked Questions
As Michigan no-fault insurance lawyers, we recognize that when you are in an accident, understanding the Michigan no-fault insurance rules can be difficult. We try to answer many of these questions here. Of course, you probably have many questions that are unique to your situation, and may need the attention of an excellent Michigan no-fault attorney.
If your questions are not answered below, call us at any time at (800) 606-1717 and a lawyer will be available to answer all your questions. There is no charge for this phone call. If you have a claim, we will help you file and guide you every step of the way. You will not pay anything until you receive your settlement check! There is nothing to lose!
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What is the Michigan Catastrophic Claims Association ? I was in a serious car accident and my medical expenses have now exceeded the no-fault insurance limit?
The Michigan Catastrophic Claims Association (MCAA) was created by the Michigan legislature to spread the medical costs for catastrophic injury no-fault claims to all licensed Michigan drivers. This creates a method for providing the unlimited medical payment coverage for your injuries.
How do I file a no-fault insurance claim for a Michigan car accident?
The first thing you must do is file your Application for No-Fault benefits. This must be done within one year of the date of your accident.
If I am injured in a car accident in Michigan and am not currently employed, but rather looking for a job, can I still receive wage loss benefits ?
The Michigan No-Fault law, requires that the insurance carrier pay for “work loss benefits” when injuries from an accident cause disability from employment. The purpose of work loss benefits is to compensate injured persons for the employment income they would have received if the accident had not occurred.“Work loss consisting of loss of income from work an injured person would have performed during the first 3 years after the date of the accident if he or she had not been injured.” A person is entitled to 85% of their gross lost wage up to the monthly maximum. In order to recover for your work loss benefits, a person must submit a PIP application; a wage, salary and benefits verification for e.g. verify your lost wage; and a doctor’s disability slip or other verification of disability from employment as a result of the injuries from the motor vehicle accident.Even if temporarily unemployed at the time of the accident, a person could be entitled to work loss benefits. Please consult with a Michigan car accident lawyer to see if you are entitled to work loss benefits.
Does my Michigan auto insurance company pay my medical bills if I am injured in a Michigan car accident?
Under the Michigan No-Fault, your own car insurance company must pay the necessary and reasonable medical expenses for injuries arising in a car accident. If you have other health insurance, a determination would be made whether your health insurance company pays the medical bills or whether your auto insurance company pays the medical expenses. On some occasions, they each pay a portion of the total bills.
MyMichigan carinsurance company sent me to one of their doctors and then cut off my benefits.I still need treatment and cannot work. What can I do?
Unfortunately, the insurance industry has a stable of doctors who earn a lot of money by performing evaluations and then making favorable recommendations to the insurance company, who then terminates benefits. They attempt to call these "independent medical exams," but they are not independent at all. In an auto case, your only recourse would be to hire an attorney to file a lawsuit against the insurance company to have your benefits paid.
State Farm Insurance company cut off my wage loss and medical benefits but I am still disabled and getting medical treatment. Can I sue State Farm for my benefits?
You will have to hire a Michigan car accident lawyer to file a lawsuit for you. There are strict deadlines for filing no-fault insurance cases so you should act quickly.
Can I get no-fault insurance benefits in Michigan if I am injured while getting into or out of my car?
Yes, there are circumstances in which a person who is injured while getting into or out of their car can receive Michigan no-fault insurance benefits. This often happens when a person exits their car and slips on an icy parking lot or steps into a pot hole.
I was injured in a Michigan car accident and need someone to care for me while I recover. Does my insurance company have to pay for this service?
Yes, if a doctor prescribes what is called "attendant care services." The car insurance company must pay a reasonable hourly rate for the service, even if it is being provided by a family member. The person is entitled to payment for being "on call" when you sleep, if you need supervision or assistance with toileting.
I suffered a spinal cord injury in a Michigan car accident and now use a wheelchair. My house in Saginaw does not have wheelchair ramps for access or lifts. I also cannot use my bathroom or shower because of accessibility problems. Does my insurance company have to pay for these things?
Yes, under the Michigan No-Fault Law, the insurance company responsible for paying your no-fault benefits must pay to have these home accomodations made to your home. If you rent a home or apartment, the insurance company must pay for handicapped accessible things at that home also.
My auto insurance company assigned me a nurse case manager .Do I have to use theirs orcan I pick my own case manager?
Nurse case management services are a medical benefit under the Michigan No-Fault Act. You can pick your own nurse case manager, just like you can choose your own medical providers. The no-fault insurance company still has to pay the fees.