Michigan No-Fault Insurance Lawyer | No-Fault Insurance Claim Attorneys

A Michigan no-fault insurance lawyer can help you after an auto accident that results in an injury. The laws are complex and confusing and recent changes have made it even more difficult to understand. If you were injured in a motor vehicle crash, you are likely feeling stressed and overwhelmed about how to file your claims.

Michigan’s no-fault insurance law provides insurance coverage to drivers and passengers after a car accident—regardless of who was at fault. These benefits might cover payment for medical bills, lost wages, attendant care services, household services, medical mileage, and numerous others. Bicyclists, pedestrians, and motorcyclists are also entitled to these payments.

If you were injured in a car crash, it might prove beneficial to reach out to a Michigan no-fault insurance lawyer to discuss your legal options. While you might be able to determine fault and pursue a claim against a negligent driver for compensation, it is important to understand what benefits are offered under this coverage.

However, these no-fault laws are often complex and might be overwhelming to navigate alone, especially as you recover from an injury. A well-versed attorney could help to explain your rights and discuss how to best proceed under your circumstances.

How do I file a Michigan no-fault Insurance claim?
Independent medical examinations
What is a mini-tort claim?

What are the Michigan No-Fault Insurance Laws?

No-fault insurance is required by law in Michigan. Therefore, every car owner in the state is legally obligated to buy and carry certain types of auto insurance coverage in order to get a license plate for their vehicle. As a result, it is unlawful for a person to drive a car or let another person drive a car that is not covered under no-fault insurance.

In 2019, sweeping changes to Michigan’s no-fault insurance laws were enacted that resulted in significant changes to the long-standing law. These new laws which became effective July 1, 2020 include:

Higher Bodily Injury Liability limits — Michigan drivers are required to purchase $250,000 in residual liability coverage, although one can opt to purchase down to $50,000. This provides a person coverage if they are sued by a person in the event that they, or someone lawfully driving their car, causes an accident which results in another person being seriously injured, scarred, or killed. Further, the change resulted in a substantial increase in the amount of insurance money available to an injury victim suing a negligent driver over the previous minimum of $20,000.00. This applies to bodily injury, pain and suffering, and all other personal injury damage claims.
No-Fault PIP Choice — Drivers are not required to purchase unlimited no-fault PIP benefits. For auto insurance policies issued or renewed after July 1, 2020, drivers can choose from the following no-fault medical benefit coverage levels (1) $50,000 for drivers enrolled in Medicaid (2) $250,000/$500,000 or (3) unlimited. The unlimited PIP choice is the recommended as it provides the best coverage in the event of an accident involving a serious injury that requires extensive medical treatment.
PIP Medical Benefits opt-out — Drivers with Medicare coverage are permitted to opt out of coverage for PIP medical benefits.
Medical-provider fee schedule — A fee schedule based on the Medicare fee schedule will be put in place to govern charges from doctors, hospitals, clinics, rehabilitation facilities and any provider who cares for and treats car accident victims. under Medicare. The new Medicare-based no-fault medical-provider fee schedule will apply to treatment or rehabilitative occupational training provided after July 1, 2021.
Michigan Assigned Claims Plan — Uninsured passengers, pedestrians and other non-occupants will generally claim from the Michigan Assigned Claims Plan with a cap on allowable expenses of $250,000. Previously, these injured persons qualified for unlimited benefits.

Under a no-fault policy, any family members living in the carrier’s house are also covered. This means that PIP benefits would be paid even if a family member is a passenger in another person’s car or is a pedestrian when an accident takes place. Furthermore, this PIP coverage also covers anyone who does not have a no-fault policy and is hurt as a passenger or pedestrian in a crash involving the insurance carrier’s vehicle. A hardworking Michigan no-fault car insurance lawyer could further explain the benefits offered under this coverage.

How do I file a Michigan No-Fault Insurance Claim?

The process of filing a no-fault claim involves numerous steps, each of which may contain nuances and other information that is important to understand before proceeding. However, the primary steps for filing a claim include:

Identify the insurance company responsible for paying no-fault benefits—This will depend on a number of factors, including whether an applicant was the owner, driver, or passenger of the vehicle involved in the accident. The factors are different under the new law for motorcyclists, bicyclists, and pedestrians.
File an Application for No-Fault Insurance benefits with the proper insurance company
Furnish the insurance company with medical authorizations, evidence of lost wages, and reports from an attending physician to prove that the applicant was injured in the accident and required medical care as a result of their injuries—This report will also indicate if they are disabled from work due
Send medical bills and information to the insurance adjuster to support the wage loss claim—such as tax records and pay stubs
Send the insurance adjuster supporting documentation of other claims—including household services, attendant care services, medical mileage, and others

Furthermore, anyone seeking benefits under the state’s no-fault coverage should be aware of the deadlines for filing a claim. Usually, a written Application for No-Fault Benefits must be filed within one year of the accident to the proper insurance company. A tenacious Michigan attorney could work with a claimant to file a timely no-fault application in Michigan.

No-Fault Independent Medical Examinations

Sometimes, an insurance company may request that an applicant attend an “independent medical examination” (IME). An IME is a medical evaluation conducted by a doctor chosen by the insurance company, not your primary care provider. When requested, it is required by law that an applicant attend these requested exams—in fact, not showing up for an exam might void a person’s rights to any benefits. Unfortunately, some insurance companies may send a claimant to a physician that they pay, meaning they might try to recommend a termination of a person’s benefits.

Some common outcomes of these evaluations include:

Disputing the Cause of Injuries: Insurance doctors may assert that the injuries are unrelated to the accident in question, which can jeopardize a claimant’s eligibility for continued benefits.
Claiming Full Recovery: They might also claim that you have fully recovered and can return to work, potentially halting necessary medical care or services.

What to Expect During Your IME:

Be Honest and Clear: Answer all questions truthfully and without exaggeration. Staying consistent in your account of injuries and symptoms can help establish credibility.
Document Your Visit: Take notes before, during, and after your appointment to keep a record of what was discussed. Filling out a worksheet about your experience may also be useful for your case.
Stick to the Examination Plan: The doctor assigned to perform the IME is responsible for the evaluation. You should not feel obligated to agree to any additional tests beyond what was initially requested.
Avoid Discussing Case Details: Refrain from asking the doctor’s opinion on your injury or case, as their role is to evaluate, not to advise.

If an IME results in the premature termination or reduction of your benefits, a skilled Michigan no-fault car accident attorney can help you contest these decisions. At Buckfire Law, we fight to ensure our clients receive the full benefits they’re entitled to under Michigan’s no-fault insurance laws.

What are my rights if my No-Fault Benefits are denied?

Unfortunately, even when a claim is valid, insurance companies are notorious for refusing to pay, terminating, cutting off, or otherwise denying no-fault benefits to an injured applicant. For example, an adjuster may simply ignore a request or instead, keep asking for more information to delay payment.

When an adjuster refuses to pay benefits or claims an applicant is not entitled to them, the person’s only option is to file a lawsuit against the insurance company. Through this lawsuit, a claimant might be able to request compensation for unpaid benefits, interest, and attorney’s fees, among others. These lawsuits against a denial of no-fault benefits must be filed within one year from the date of the denial.

If your no-fault benefits were unjustly denied, don’t wait to protect your rights. The dedicated Michigan no-fault car accident attorneys at Buckfire Law know how to handle insurance companies and ensure you receive the compensation you’re entitled to. Our team has helped countless clients recover denied benefits and will do the same for you.

What is a Mini-Tort Claim?

A mini tort claim is made against an at-fault driver for damage to your vehicle. Under Michigan law, you cannot sue the at-fault driver for the full repairs to your damaged vehicle, even if it is totaled. The new law, which took effect July 2, 2020, raised the maximum recovery amount from $1,000 to $3,000.

You can claim up to $3,000.00 or your deductible amount, whichever is the lesser amount. In addition, uninsured drivers cannot claim compensation under the mini tort law.

Call a Michigan No-Fault Car Insurance Attorney for Help

Recovering no-fault benefits after a car accident can be complicated by delays, denials, or unexpected obstacles. Speaking with an experienced Michigan no-fault insurance attorney can make a significant difference in securing the benefits you deserve.

Reach out to a Michigan no-fault car insurance attorney at Buckfire Law to discuss your options. Our skilled lawyers will assess your case, guide you through the claims process, and pursue the compensation you’re entitled to.

Call Buckfire Law today for your free consultation. Let us help you get the results you need—no fees unless we win your case.

Legally reviewed by:

Lawrence J. Buckfire, J.D., Lead Trial Attorney at Buckfire Law
Lawrence J. Buckfire, J.D. has over 30 years of experience specializing in personal injury and wrongful death cases. He earned his undergraduate degree from the University of Michigan and attended Wayne State University School of Law. Lawrence has been named a Super Lawyer, U.S. News Best Lawyer, and in The National Trial Lawyers-Top 100 Trial Lawyers.
Date of Review: Nov., 2024