Michigan remains one of the few no-fault states in the country. While all drivers are supposed to have some form of insurance coverage, these no-fault protections might also extend to pedestrians. As a result, a pedestrian who suffers an injury after being hit by a vehicle may be able to make a claim using the driver’s insurance policy—even if they cannot prove that the motorist was negligent.
However, this dynamic only applies if the pedestrian does not have their own insurance policy. Because of these nuances, the way pedestrian accidents and no-fault insurance in Michigan interact creates a complex legal dynamic.
Essentially, under the applicable state laws, you might be entitled to a variety of sources of compensation for medical bills, lost wages, replacement service expenses if you were struck by a vehicle. A well-practiced lawyer at Buckfire & Buckfire, P.C. could help to explain how these insurance laws might apply to your case and help you to pursue the appropriate benefits.
What does it Mean to be a No-Fault State?
Under no-fault insurance, all pedestrians involved in an accident are covered, regardless of fault. So a person crossing the street at night outside of a crosswalk that is hit by a car is protected, just as a person struck by a truck walking on the shoulder of a highway can get no-fault benefits.
A pedestrian hit by a car that does not have an auto insurance policy can still receive these benefits through the policy of the car that struck them, a family member’s policy, or from the Michigan Assigned Claims Plan. An experienced attorney will determine which company must pay the benefits.
What Benefits Are Available?
According to Michigan Insurance Code §500.3107, a person’s policy must provide personal injury protection (PIP) payments to cover accident-associated costs. Furthermore, if a plaintiff suffers a serious injury following an accident, they might wish to pursue a civil lawsuit for damages against a negligent driver. These settlements are above and beyond the payment of no-fault insurance claims.
Legal Counsel for Pedestrian Accidents and No-Fault Insurance in Michigan
In Michigan, all drivers must obtain a no-fault insurance policy that provides compensation for most losses following an accident. Furthermore, even pedestrians must usually first make a claim through their own insurance policy if they are injured in a collision.
As a result, only pedestrians who do not have any auto insurance coverage can file a claim through the at-fault driver’s insurance policy. However, the benefits offered under no-fault coverage might help to alleviate a person’s medical costs, lost wages, and other pecuniary losses. To discuss the intersection of pedestrian accidents and no-fault insurance in Michigan further, reach out to a compassionate and seasoned lawyer at Buckfire & Buckfire, P.C. to schedule a consultation.
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