Mindell Law Firm

Learn About Michigan No Fault Claims Laws

No Fault Claims

Interested in Learning About Michigan’s No Fault Claims Laws?

MOTOR VEHICLE ACCIDENT
Michigan No-Fault Insurance Benefits

If you own a vehicle registered in the State of Michigan, the State requires you to have insurance. This insurance policy entitles you to no fault claims benefits when you are involved in an automobile accident. You are also entitled to these no-fault benefits in many other scenarios that are not strictly automobile collisions – these include, but are not limited to, bicycle accidents, pedestrian accidents, motorcycle accidents involving automobiles, truck accidents, accidents when you are a passenger in a vehicle, and other accidents involving a motor vehicle. In these circumstances, you are entitled to get Michigan no-fault benefits regardless of who was at fault for the accident, though not if you were driving your own uninsured motor vehicle.

Under almost any circumstance when there is an accident involving a motor vehicle, you are entitled to Michigan no fault claims (even if you do not have your own no-fault insurance policy or own a car yourself.).

What Benefits are You Entitled to Get?
There are many different types of benefits that you are entitled to get through the no-fault insurance company.

These benefits include, but are not necessarily limited to:

• Medical Bills
  The no-fault insurance company is responsible for paying your medical bills that are related to this accident for the remainder of your lifetime. Of course, these injuries must be caused by the automobile accident or you must suffer an aggravation of a pre-existing medical condition.
• Wage Loss
  If, as a result of your automobile accident, you are disabled from your work, you are entitled to get wage loss replacement. Wages are paid for up to three years, and are typically 85% of your gross lost wages up to a monthly maximum.
• Attendant Care Services
  Attendant care services are very similar to nursing services. If you are being provided skilled or unskilled care by a family member, nurse, or any other care provider, benefits are paid by the no-fault insurance company. If your injuries are catastrophic, the insurance company may have to pay for lifetime care for up to 24 hours a day.
• Household Services/Replacement Services
  If, as a result of your injuries, you are unable to perform various household chores such as cooking, cleaning, yard work, laundry, and any other basic chores around the house, you may be eligible for up to $20 per day in benefits for these household/replacement services. These benefits are paid up to three years.
• Medical Mileage
  The insurance company has to reimburse you for mileage to and from medically related treatment which results from your accident.
• Catastrophic Injuries
  In very severe injury cases, the insurance company may have to pay for your home to be modified, or for a nurse/case manager to assist you, or a vehicle or van to be modified so you can travel. There might be other significant benefits you are entitled to receive if you have suffered a severe injury.
• Survivor/Loss Benefits
  If a loved one dies as a result of an automobile accident, the insurance company may have to pay for funeral expenses and loss of support and service benefits to family members of the deceased individual.

How to Make a Claim for Your No-Fault Benefits
It is extremely important, if you are involved in an accident, that you contact the appropriate no-fault insurance company immediately. Considering the complexity of many no-fault claims, you may want an experienced attorney to represent you on this matter. The following is just some of what must be done as soon as possible after your accident to make sure your rights are protected and we can help:

• Identify the appropriate no-fault carrier
• Initiate contact with the insurance company
• Fill out and submit appropriate paperwork
• Identify the types of claims that can be made
• Obtain necessary medical documentation to submit a claim
• Interact with medical providers to obtain paperwork
• Interact with insurance adjuster about the claim

Time is most definitely of the essence when it comes to setting up a no-fault claim and submitting no fault benefits. In fact, you only have one year to properly submit and open a claim to the appropriate no-fault insurance company or your claim will be forever barred. You also only have one year to from the date any bill or expense is incurred to submit that bill to the no-fault insurance company and get paid or you will lose your right that benefit forever.

If your insurance company does not pay your no-fault benefits, we may have no choice but to file a lawsuit against them. There is a specific period of time in which you must file a lawsuit against your insurance company, or it may bar your ability to get these no-fault benefits.

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