Andriacchi Law’s Michigan No-Fault Lawyers: Your Guide to Car Accident Claims
If you’re looking for Michigan No Fault lawyers, you’ve come to the right place.
If you’ve been involved in a motor vehicle accident in Michigan, your vehicle is damaged and you’re dealing with injuries. Amidst the confusion and distress, you’re faced with an array of legal procedures, paperwork, and insurance claims. One wrong move or incorrectly filled-out box can spell doom for your claim.
You need to understand the Michigan no-fault law to make this challenging time more manageable and ensure you receive the benefits you’re entitled to.
Let’s delve into this essential law and its impact on your compensation claims.
Key Takeaways About Michigan No-Fault Lawyers
- Michigan’s No-Fault Law provides for personal injury protection (PIP) benefits covering medical bills and other associated costs regardless of who is at fault for the car crash.
- The 2019 auto no-fault reforms provided more control over PIP coverage levels with varying eligibility criteria.
- Time limits and procedures for claiming no-fault benefits are strict. You must promptly notify and provide detailed documentation to your car insurance company.
- Your car insurance company might require you to undergo defense medical examinations – they call them “independent medical examinations” – which will influence your PIP benefits.
- Aside from your claim with your insurance company, Michigan law also allows mini-tort claims for vehicle damage recovery and third-party claims for pain and suffering. You can have legal representation from experienced No-Fault Lawyers to help you with these claims.
Understanding Michigan No-Fault Law
Car accident victims, regardless of who is at fault, are entitled to insurance benefits under the Michigan No-Fault Law. Remember: all cars are required to have insurance to be on the road; otherwise, it is a misdemeanor.
Under the Michigan No-Fault Statute, everyone involved in a motor vehicle accident can access insurance benefits to aid their recovery. Auto insurance companies provide these benefits, which are separated into first-party no-fault PIP benefits and third-party liability insurance claims.
This article is about the first type of claim: the first-party no-fault PIP benefits.
One of the critical elements in a first-party claim is Personal Injury Protection (PIP) benefits. These benefits cover:
- allowable expenses that are reasonably necessary for the injured person’s medical care and medical treatment, such as medical expenses, attendant care, and replacement services
- lost wages
- other costs incurred by anyone injured in motor vehicle accidents.
Let’s dive into the key aspects of Michigan No-Fault Law.
Key Components of the Michigan No-Fault Law
Michigan No-Fault Law is structured around three key components:
- PIP benefits, which include allowable expenses (such as medical costs, medical mileage, attendant care, etc.), economic benefits (work loss), death benefits, and property protection insurance.
- Third-party claims, which are mandatory no-fault car insurance that all Michigan drivers are required to have. This is insurance coverage that the at-fault driver has to pay for personal injuries to another person.
- Mini-tort claims. Mini-tort claims allow individuals involved in car accidents to recover up to $3,000 for vehicle damage from the at-fault driver.
In 2019, however, the Michigan No-Fault Law was significantly reformed.
Recent Reforms in 2019
In 2019, Governor Whitmer signed no-fault auto insurance reform legislation that changed PIP coverage options, eligibility for benefits, and time limits for claims. These reforms gave Michigan drivers more control over their PIP coverage, allowing them to choose their PIP coverage levels.
For instance, drivers can opt for no PIP coverage if they have coverage under Medicare Parts A and B as one example.
Additionally, these reforms established new eligibility criteria that we will discuss further.
Eligibility for No-Fault Benefits
Michigan No-Fault Law covers a wide range of expenses for the eligible injured person. This means the injured person’s insurance company will pay the injured person’s:
- Medical bills
- Personal attendant care
- Prescriptions
- Out-of-pocket costs such as deductibles and co-pays
- Lost wages
- Household replacement services valued up to $20.00 per day
Additionally, the Michigan Catastrophic Claims Association plays a crucial role in providing financial support for those with severe injuries.
Typically, the auto insurance company of the injured party covers these No-Fault benefits. That’s why it’s called a “first-party” claim: you turn to your insurance company first.
But what happens if you don’t have your own personal car insurance coverage? If you don’t have a personal policy, you might be able to get coverage from a spouse’s or resident relative’s policy with car insurance companies. In that example, your spouse’s car insurance company will pay for the PIP benefits noted above.
If you don’t have your own car insurance and you’re not covered under another policy for a spouse or resident relative, then you might turn to the Michigan Catastrophic Claims Association noted above.
Despite its wide coverage, some factors may make someone ineligible for No-Fault benefits.
Injured Parties and Coverage
Michigan No-Fault Law, a part of the broader Michigan law, extends its coverage to a wide range of injured parties, including:
- drivers
- passengers
- pedestrians
- motorcyclists involved in motor vehicle accidents
Essentially, almost anyone injured in a car accident in Michigan can access certain no-fault benefits. For passengers and pedestrians, the law provides personal protection insurance benefits PIP benefits for injuries resulting from an accident.
However, motorcycles are not considered motor vehicles under this law, and motorcyclists may be entitled to these benefits under specific circumstances.
Despite the extensive coverage, certain factors could result in disqualification.
Disqualification Factors
While Michigan No-Fault Law aims to provide extensive coverage, certain factors disqualify an individual from receiving No-Fault benefits.
For example, an obvious example is if you don’t have car insurance on your car. (That’s a misdemeanor, by the way.) If you own an uninsured vehicle involved in a crash, you wouldn’t qualify for No-Fault benefits.
Other disqualifying factors include intentionally causing an accident or committing a felony during the accident.
After establishing your eligibility, you can proceed to claim your No-Fault benefits.
Claiming No-Fault Benefits
Claiming No-Fault benefits involves:
- Filing a PIP claim with the appropriate insurance company
- Being aware of strict time limits and deadlines to ensure your claim is processed correctly
- Careful documentation and persistent follow-up to ensure your claim is being processed correctly
Let’s further examine the process of filing a PIP claim.
Filing a PIP Claim
Filing a PIP claim requires:
- Notifying the insurance company about your injuries right after the accident. This notification should ideally occur within a week or two. It’s often called an Application for Benefits.
- Sending in doctor’s documentation – medical records, in other words – of your injuries.
- Ensuring the insurance company doesn’t challenge your claim based on time limits and defenses such as fraud.
The claimant must meet all the proof requirements for PIP claims.
If you’re uncertain about your qualification for PIP benefits or which insurance carrier to file under, the Michigan Assigned Claims Plan can provide guidance.
Contacting a Michigan No-Fault Lawyer would probably be a smart choice, too.
Time Limits and Deadlines
There are strict time limits for the filing of PIP claims in Michigan. You must notify the insurer within one year of the accident for your PIP claim. This notification should include the claimant’s name and address, along with the name of the injured person and injury details.
Also, within one year of the accident, you must submit the written Application for No-Fault Benefits.
You should also make sure your medical bills and related bills (for the medical mileage, attendant care, replacement services, and work loss) are being submitted to the insurance company as well. If they deny payment, you may have up to one year to file suit against them.
Be sure to keep detailed documentation for every bill and service you incur as a result of the crash. Be sure to also keep detailed records showing when you sent that to your insurance company and when they received it.
In response, your insurance company might require that you undergo an examination under oath (EUO). That’s where they ask you a variety of questions while you’re sworn to tell the truth.
Your insurance company might also require you to fill out various documents, such as medical record releases or employment and wage releases.
Finally, your insurance company might require that you undergo Independent Medical Examinations (IMEs).
Navigating “Independent” Medical Examinations (IMEs)
Independent Medical Examinations (IMEs) are evaluations requested by insurance providers to assess a claimant’s injuries and determine their eligibility for benefits. The insurance provider selects the doctor for the IME, who must be licensed in Michigan, among other requirements discussed in the No-Fault law.
Purpose of an IME: Your Auto Insurance Company Wants It
The supposed purpose of an IME is to evaluate the claimant’s physical and mental condition after an accident. The insurance company’s chosen doctor can carry out different types of assessments. The typical process of an IME involves the insurance company selecting and covering the cost of a doctor to conduct the examination.
The injured person may need to undergo multiple examinations by different doctors for a complete view of the injured person’s health.
These supposed “independent medical examinations” are not that at all. Instead, these are examiners that the insurance company selected, bought, and paid for.
I, Dominic Jr., have cross-examined these doctors under oath in depositions. Many times, insurance companies pay these doctors millions of dollars for their supposedly “independent” examinations. In one case, the “independent” doctor had been paid over $13 million during his career.
So, how independent do you think these doctors truly are?
Even the Michigan Court of Appeals calls them “insurance medical examinations” and “defense medical examinations.”
So don’t let anyone BS you into thinking these doctors are independent and will call it fair and square for the injured person. They are there to do the insurance company’s bidding and that’s it.
If you undergo an IME, and the report leads to a reduction or termination of your benefits, get a lawyer to fight for your rights under no-fault insurance.
Preparing for an IME
Preparing for an IME involves gathering any relevant medical paperwork, like treatment records, and other health-related documents. Your lawyer must review these documents to ensure they’re complete and accurate and meet any court or Michigan case law guidelines.
During an IME, claimants may face questions about:
- Their identification
- The specific date of injury
- Any past medical issues or conditions
- Details about the current injury related to the claim
Legal representation is advisable when preparing for an IME to protect your rights and help navigate the claims process correctly.
It is never appropriate for a defense medical examiner to ask you about what you think about settlement or things you’ve discussed with your lawyer. Despite that, they’ll do so anyway and report it to the insurance company (and the insurance company’s lawyer).
Third-Party Claims and Pain and Suffering Compensation
We will also briefly cover a third-party claim against the negligent driver. Third-party claims under the Michigan No-Fault Law allow car accident victims to obtain compensation for bodily injury and pain and suffering.
But, they must meet the threshold injury requirement. They must also prove that the other driver was at least 50% or more at fault for the accident.
Let’s examine further the definition of a threshold injury and how negligence plays a role in these claims.
Threshold Injury and Negligence for a Motor Vehicle Accident
A threshold injury under Michigan No-Fault Law is defined as a permanent and serious disfigurement, a serious impairment of a bodily function, or death. The term “serious impairment of body function” is tricky under Michigan law but some examples include conditions like losing a limb or the use of a limb, or losing a foot, hand, finger, or thumb.
To make a third-party claim, the other driver involved in the accident has to be deemed more than 50 percent at fault.
If so, the defendant driver who caused the auto accident, truck accident, or motorcycle accident will be responsible for things like your non-economic damages. Then, the defendant driver’s auto insurance company will pay out of their liability coverage the cost of the settlement or verdict.
Calculating Pain and Suffering Compensation
The calculation of pain and suffering compensation takes into account the severity of the injury, the impact on the victim’s life, and the degree of negligence involved. There’s no maximum recovery amount for pain and suffering damages you can receive in Michigan.
There are a variety of ways to determine the compensation for pain and suffering. One such way that compensation is often determined by is giving a daily, weekly, or monthly rate for the person’s non-economic damages. Then they multiply that by a multiplier based on how severe the injuries are and other important factors.
Mini-Tort Claims for Vehicle Damage
These claims allow accident victims to recover a portion of their vehicle damage costs from the at-fault driver. Uninsured drivers are not eligible for compensation under the mini-tort law. This means they will not receive payment for damages to their vehicle.
Basics of Mini-Tort Law
Mini-tort law in Michigan allows drivers who aren’t at fault to recover some compensation from the at-fault driver. This law covers up to $3,000 of vehicle damage but doesn’t cover any expenses related to personal injuries.
Filing a Mini-Tort Claim
Filing a mini-tort claim involves the following steps:
- Gather necessary documents like the police report, repair estimates from a certified mechanic, and any supporting documentation like photos or medical bills if they’re related to the vehicle damage.
- Submit the claim to the at-fault driver or their insurance company.
- The at-fault driver or their insurance company is responsible for covering the mini-tort claim.
Be careful though that you don’t also settle your third-party pain and suffering claim against the at-fault driver. This is why you should have a Michigan personal injury lawyer to help you with your claim.
The Role of Michigan No-Fault Lawyers
There are many legal loopholes and potential pitfalls in auto insurance cases. Although you can occasionally handle these claims on your own, many people hurt in a car crash should hire experienced Michigan No-Fault Lawyers.
They will help you with the complex no-fault system and ensure car accident victims receive the benefits they deserve. A No-Fault lawyer can assist with:
- Filing for No-Fault benefits
- Submitting attendant care services
- Covering medical transportation costs
- Getting reimbursement for replacement services.
Benefits of Legal Representation
Hiring a Michigan No-Fault Lawyer for your car or truck accident can considerably enhance your claim’s success rate. These legal experts can handle all the complex procedures, approach litigation effectively, and ensure all the right documents and medical evidence are included in your claim.
They can also help you get the maximum possible benefits and higher settlements in both the first-party and third-party claims. In some cases, your insurance company may be responsible for attorneys fees.
Finding the Right Lawyer
Selecting the best lawyer can have a significant effect on the success of your claim. Consider factors like:
- the attorney’s experience
- their focus on auto no-fault insurance
- their history of successful cases
- their standing in the legal community
You can check their background in handling no-fault insurance cases and ensure they focus on no-fault law rather than general practice.
Summary
Hopefully, by now you understand the Michigan No-Fault Law. With the right knowledge and legal representation, you can navigate this process and ensure you receive the benefits you deserve.
At Andriacchi Law, we have successfully helped many clients with their first-party no-fault PIP benefits as well as third-party cases. We also offer a free consultation. So be sure to call now to discuss your case with a Michigan No-Fault lawyer today.