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.
You must file your Michigan no-fault insurance lawsuit within one year of the date your unpaid insurance benefits were incurred, even if they have not been formally cut off.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Yes, family members are entitled to be paid for caring for you while your recover from your Michigan car accident injuries. These are known as “Attendant Care Services” and are an allowable expense under the Michigan No-Fault system.
The Michigan Assigned Claims Facility is a state agency that assigns a no-fault insurance company to pay claims for a person injured in a Michigan car accident who does not have their own no-fault insurance policy. There are certain requirements for eligibility, but the owner of an uninsured automobile is not entitled to these benefits, nor is the operator of a stolen vehicle.
Yes, if he had a Michigan car insurance policy at the time of the accident, you can make a Michigan No-Fault insurance claim for Survivor’s Loss benefits. If he was working at the time of the accident or looking for a job, you could receive three years of lost wages, funeral expenses, and other benefits.
Your Michigan No-Fault insurance company must pay 85% of your pay if you are disabled from work due to a car accident. This also applies to bicycle accidents and pedestrian accidents. You must have an Attending Physicians Report from your doctor verifying your disability and a Wage Loss Verification form from your employer. The benefits are payable up to three years from the date of the car accident, unless you are released to work by your physician before the end of that period. If you were temporarily unemployed, looking for a job, or a seasonal employee, you are also entitled to these benefits.
Yes, if the services are necessary and reasonable and related to the car accident. Payment for these services comes within your Michigan No-Fault Insurance Policy.
These include replacement services, or referred to as household services, and attendant care services. Replacement services include things like doing laundry, cooking meals, assistance with bathing, and taking out the garbage. Attendant care services are for more intensive things, like supervision, dispensing medications, and services that are often provided by outside nursing agencies. If a family member provides a similar service, the auto insurance company must pay the same or similar rate to the family member.
A great place to start is our Free Michigan Car Insurance Report. It explains the different types of auto insurance coverage and why you need certain types of coverage to protect your family and yourself.
PIP benefits are actually Personal Injury Protection Benefits under the Michigan No-Fault Insurance laws. They are available for people who have been injured in a Michigan Car Accident. For an explanation of the different types of benefits available, see our Page on Michigan No-Fault Insurance benefits.
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