Michigan no-fault law provides insurance coverage to vehicle drivers and passengers after an auto accident—regardless of who was at fault. Motorcyclists, bicyclists, and pedestrians also qualify for these insurance benefits.
Benefits include payment of medical bills, lost wages, attendant care services, household services, medical mileage, and many other great benefits. Our Michigan No-Fault insurance lawyers help victims of auto accidents with their claims against the insurance company.
The No-Fault laws are complex and can be very confusing. Our attorneys will assist you in filing your claims and will follow up with the adjuster to make sure that all of your benefits are paid in a prompt and timely manner.
How Do I File A Michigan Auto Accident No-Fault Insurance Claim?
The main steps to filing a Michigan auto accident no-fault insurance claim are:
Step 1: Identify the insurance company responsible for paying no-fault benefits. This will depend on a number of factors, including whether you were the owner, driver, or passenger of the vehicle involved in the accident. If you were a motorcyclist, bicyclist, or pedestrian then there are different tests to determine which insurance company must pay your benefits. This is called the Order of Priority.
Step 2: File an Application for No-Fault Insurance benefits with the proper insurance company.
Step 3: Furnish the insurance company with medical authorizations, evidence of lost wages, and reports from your attending physician to prove that you were injured in the accident and required medical care as a result of your injuries. The report will also indicate if you are disabled from work due to the accident.
Step 4: Send medical bills and information to the insurance adjuster to support the wage loss claim, such as tax records and pay stubs.
Step 5: Send the insurance adjuster supporting documentation of other claims, including household services, attendant care services, medical mileage, and other claims.
What Are The Michigan Auto No-Fault Insurance Laws?
No fault insurance is required by law in Michigan. Every owner of a car in the State of Michigan must buy certain types of insurance coverage in order to get a license plate for the vehicle. It is unlawful to drive your own car or let another person drive your automobile without no-fault insurance coverage. There are different coverage options that you can purchase for your vehicle but all auto policies must have three basic types of coverage.
What Types Of No-Fault Coverage Is Required For My Car?
You are only required to purchase the basic no-fault insurance policy for your automobile. This policy has three basic parts:
- Personal Injury Protection (PIP): This coverage provides you with payment of medical expenses, lost wages, household services, attendant care benefits, and other benefits if you are injured in an auto accident. This includes if you were the driver, a passenger, a bicyclist, or a pedestrian injured in an accident. You may be entitled to benefits if you were injured in an accident in another state or country.
- Property Protection (PPI): This coverage pays up to $ 1 million if your automobile causes damage to the property of another person or business. It does not provide payment for damage to another vehicle.
- Bodily Injury & Property Damage: This provides you coverage if you are sued by a person if you, or someone lawfully driving your car, causes an accident which results in another person being killed, seriously injured, or with a permanent scar or disfigurement. It also covers the mini-tort coverage for damage to another person's vehicle.
Who Is Entitled To Receive Michigan No-Fault Insurance Benefits?
Every person injured in a Michigan auto accident is entitled to receive no-fault insurance benefits, regardless of who was as fault for the accident even if the victim did not have an auto no-fault insurance policy. This means that all drivers, passengers, pedestrians, and bicyclists are automatically entitled to benefits. The only exception is when the injured person was the driver and owner of an automobile that was not insured, even if that person was not at fault in the accident.
If you were an injured passenger, pedestrian, or bicyclist and did not have your auto insurance policy, you can often file a claim under a resident relative's policy or with the Michigan Assigned Claims Plan. This will allow you to receive all insurance benefits after the accident. Michigan drivers injured in auto accidents in other states and out of state residents injured in a Michigan car accident can also often get No-Fault benefits.
Motorcyclists may be entitled to benefits depending on the facts of the accident and if they purchased specific coverage for their motorcycle. Our attorneys will determine if you are entitled to benefits based on the facts of your accident.
What Is PLPD Coverage?
PLPD refers to “Public Liability and Property Damage." It usually refers to the minimum state required liability limits of auto insurance on a vehicle. In the State of Michigan, the PLPD is $20,000. This is Bodily Injury coverage and offers an at-fault driver or owner of an auto involved in an accident insurance coverage for bodily injury if another person is injured in an accident.
PLPD does not provide coverage for damage to cars or other automobiles if you are in an accident.
What Are The Types Of Personal Injury Protection (PIP Benefits)?
The different types of Michigan Personal Injury Protection (PIP) Benefits you are entitled to receive after suffering injuries in a Michigan car accident. These include:
Payment of benefits to having a staffing agency, family member, or other person provide skilled or unskilled care and supervision to the accident victim during the period of recovery. This is most often done at the home of the accident victim and can be up to 24 hours a day depending on the needs of the injured person. In catastrophic cases, these benefits can be received for a lifetime. The hourly rates vary depending on the severity of the injury and the needs of the person.
Payment of lifetime medical expenses, doctor bills, rehabilitation expenses, and prescription expenses for injuries caused or aggravated in a car accident. This includes expenses for hospitalization, ambulance runs, surgery, occupational therapy, physical therapy, pain management, chiropractic services, acupuncture, visual and hearing problems, and treatment for traumatic brain injuries. Medical equipment, such as wheelchairs and specialty beds also comes under this type of benefit. There is no limit to the number of benefits a person can receive over a lifetime.
Payment of lost wages and income for accident victims who are unable to return to their employment due to injuries suffered in a motor vehicle accident. Lost wages are payable up to three years after the accident and can be received if a person is "temporarily unemployed" or "actively seeking employment."
Payment of $ 20 per day for household chores and assistance performed by a family member or another person. This includes payment for preparing meals, doing laundry, housecleaning, mowing the lawn, and taking out the garbage. These benefits are payable for up to three years after the accident.
Payment to family members in the event of a fatal auto accident. This includes payment funeral and burial expenses, lost wages, and loss of other benefits. The wage loss payment after a fatal auto accident is for three years of lost wages (85%) of what the decedent would have earned had it not been for the accident. Household service payments are also paid for three years and calculated at $20.00 per day and total $ 21,900.00 for the benefit.
Payment of services for a nurse case manager to assist the accident victim with medical needs, including coordination of care, after a car accident. Case managers play a very important role in the rehabilitation and recovery of an injured person. You can choose your own case manager and do not have to accept the insurance company's appointment of a case manager for you.
Payment for travel expenses to and from medical appointments, hospital visits, and physical therapy appointments.
Payment of benefits to having an existing home, condo, or apartment modified to accommodate the special needs of a person seriously injured in an accident.
Payment to specially equip or modify a van or vehicle to take the accident victim to and from their medical appointments.
Is my Whole Family Covered by my No-Fault Insurance Policy?
Yes. Your no-fault insurance policy covers all family members living in your house. Personal injury protection benefits will be paid even when your family member is a passenger in another person’s car or is a pedestrian when an accident takes place. The personal injury protection coverage of your no-fault policy also covers anyone who does not have a no-fault policy and is hurt as a passenger or pedestrian in an accident involving your car. It will also cover a motorcyclist who is hurt in an accident involving your car.
How Do I File A Claim For Michigan No-Fault Insurance Benefits?
You can obtain these insurance benefits by filing a written Application for No-Fault Benefits with the proper no-fault insurance company that has priority for paying your claims. Your own insurance agent, or the adjuster assigned to your claim, should promptly provide it to you. If you are confused about which insurance company is responsible for your benefits, call us and we will make that determination for you. Many times an insurance company will not accept responsibility for the claim even though it is the proper insurer.
You can print the Application for No-Fault Benefits here for free and send it into the insurance company to start your claims. This must be filed with the proper insurance company within one year of the accident.
What Is The Time Limit For Filing A Michigan No-Fault Insurance Claim?
There are strict time deadlines for filing your Michigan No-Fault Insurance claim. You must file a written Application for No-Fault Benefits with the proper insurance company within one year of the date of the accident. If you fail to do so, you will not be able to obtain No-Fault Insurance Benefits.
Written claims for wage loss benefits, medical expenses, household services, and other no-fault benefits must be sent to the proper insurance company within one year of the date of the expense. If you fail to do so, you will not be able to obtain recovery or reimbursement of the claim or expense.
What Is An Independent Medical Examination?
Your insurance company may request that you attend an "independent medical exam," or an IME. The adjuster will send you to one of their biased insurance doctors for an exam. You are required by law to attend these requested medical exams and can lose your right to benefits if you do not show up for the examination.
The physicians are highly paid doctors are notorious for recommending a termination of your benefits. They may be nice and pleasant to you, but they are paid to recommend a termination of your benefits to the adjuster. The most common ways an insurance doctor will suggest that you should not receive benefits are that the injuries are not related to the accident, you have recovered from the injuries, you can return to work, or you no longer need the services or medical care.
If your benefits are terminated or reduced based on an insurance company exam, you will need an experienced lawyer to pursue your claims against the insurer. Our legal team is familiar with most of the IME doctors in Michigan. In fact, we have probably already cross-examined the doctor who recommended terminating your benefits.
What Do I Do If The Insurance Company Refuses To Pay My No-Fault Benefits?
Insurance companies are notorious for refusing to pay, terminating, cutting off, and denying no-fault benefits to accident victims. The adjuster may simply just ignore your requests or just keep asking you for more information to delay payment. If your adjuster refuses to pay your benefits are claims you are not entitled to benefits, your only option is to file a lawsuit against the insurance company. Lawsuits include claims for unpaid benefits, interest, and attorney's fees.
Can I Sue The Insurance Company For Cutting Off My No-Fault Benefits?
Yes, you can file a no-fault insurance lawsuit if the company terminates or refuses to pay your benefits. The lawsuit must be filed within one year of the date that a benefit was incurred, such as the date of a surgery or a missed wage loss payment. If you miss this deadline, you cannot claim benefits incurred more than one year before the suit was filed. Lawsuits seek payment of all unpaid benefits, interest, and attorney's fees.
What Should I Do If My Company Has Denied My No-Fault Benefits?
If your Michigan No-Fault insurance company has denied your insurance benefits after a Michigan car accident or if you are getting the runaround from your insurance adjuster, you have come to the right place. Our Michigan No-Fault Insurance lawyers represent car accident injury victims just like you in lawsuits against the large auto insurance companies every day. And we win big! Choose us and we will do the same for you.
Insurance adjusters are notorious for playing games with your benefits. Perhaps you were told that your no-fault insurance claim was never received, that you did not submit proper documentation, or that you were not entitled to be reimbursed for a benefit. You may have even been underpaid for a service provided on your behalf. We are not supervised. This is their plan. They want to frustrate you until you quit trying.
Best Michigan No-Fault Insurance Lawyers
Our legal team includes the most successful Michigan no-fault insurance attorneys in Michigan. Buckfire & Buckfire, P.C. and our lawyers have won the top awards in the legal profession, including:
- U.S. News & World Report Best Law Firms
- "Best Michigan Personal Injury Attorney" by American Lawyer Academy
- Named Top 100 Trial Lawyers in Michigan
- Honored as "Super Lawyers"
- Top Martindale-Hubbell Rating (AV) for Skill & Integrity
Our No-Fee Promise on Michigan No-Fault Insurance Cases
You can afford to have the best no-fault insurance law firm on your side. It literally costs nothing to get started and the insurance company may even have to pay some of our legal fees for you. We promise you in writing:
- No money to start your claim
- We pay all file costs and expenses
- No legal fees whatsoever unless you receive a settlement
- Phone calls are always free, forever.
Start Your Michigan Auto No-Fault Insurance Claim
There are three ways to get started on your auto no-fault insurance case. You can:
- Submit the Free Case Review Box on this page,
- Chat with the Live Operator on this screen, or
- Call (800) 606-1717 any time of day to discuss your case.
Warning: There are strict time deadlines for filing Michigan No-Fault insurance lawsuits.
We file no-fault insurance claims and lawsuits against all auto insurance companies, including AAA, Allstate, Auto-Owners, Bristol West, Citizens, Farm Bureau, Farmers, Frankenmuth, Fremont, Geico, Grange, Liberty Mutual, Hastings, MEEMIC, Michigan Millers, Nationwide, Progressive, Secura, State Farm, Westfield, USAA and all other auto insurance carriers.