A brief summary of some of the keys to Michigan Auto Accidents and the No Fault Law. Please - always check with an experienced Michigan Auto Accident Attorney for legal advice - and this applies to auto accident attorneys in any state, remember each state has different rules and regulations when it comes to personal injury law as well.
Under Michigan "no fault" law, drivers of most motor vehicles are required to obtain "first party" insurance, to cover the cost of medical treatment and rehabilitation for persons injured as drivers or passengers of their own vehicles. When somebody is injured in an accident, they will ordinarily file a claim for first party benefits with their own no fault insurance company. If they aren't covered by their own policy, then they would file a claim with the insurance company that insures the vehicle in which they were traveling. The rationale is that, under Michigan's No Fault Act, people (as opposed to motor vehicles) are insured against loss. Ordinarily, your insurance policy will cover your spouse, as well as any relatives living in your household.
The absence of insurance coverage of itself will not necessarily prevent you from collecting first party benefits. If you are injured but neither the car in which you were riding nor the other vehicle(s) involved in the action were covered by no fault insurance, you should contact the Assigned Claims Facility for an application form, and apply for benefits with that Facility.
If you are injured in an automobile accident within Michigan, and the vehicle in which you were riding was required to registered in Michigan, you are probably entitled to the following first party "Personal Injury Protection" ("PIP") benefits:
Medical costs and expenses for treatment necessitated by injuries, including rehabilitation expenses;
Reimbursement for lost income resulting from the injuries, for a period of up to three years;
Reimbursement for ordinary and necessary services you would have performed for personal or household benefit (e.g., if you are disabled, and require assistance with tasks such as cooking, cleaning, or lawn care);
In the event of death, the first party benefits include limited coverage for funeral and burial expenses.
In the event that disability results from your injuries, you may be eligible for vehicle or home modification to accommodate your resulting disability. For example, accident victims who are confined to wheelchairs will typically require extensive home modification and vehicles which can accommodate their wheelchairs and which have modified controls.
You must cooperate with your insurance company to ensure that your benefits are honored – but you have every right to check with a lawyer to make sure that your insurance company's demands are reasonable and within the law.
This is why it can be critical to find an Auto Accident Attorney that knows your state laws and can help you through the insurance maze.
