Michigan No-Fault Insurance And Your Car Accident
Get The Full And Fair Recovery You Deserve Under The No-Fault Law
Michigan’s No-Fault Law allows you to recover medical expenses related to your accident injuries for life, and this benefit is unlimited. These medical benefits do include almost all medical care, including nursing care, and the no-fault insurance carrier may even pay your family members for medical care they provide to you.
The insurer is required to pay all reasonable charges for necessary products, services and accommodations for your care, recovery and rehabilitation. Additionally, you are likely entitled to up to three years of wage loss benefits under your no-fault insurance coverage in Michigan. These benefits are not taxable either.
How Is No-Fault Coverage Limited?
It can be limited by the insurance carrier. The job of all insurance adjusters (the main representative you will work with on your claim) is to minimize the amount the insurance company will pay out to settle claims. To them, your claim is no different from any other, and they will work to minimize it as much as possible, thereby minimizing your medical benefits.
No-fault insurance benefits also only cover up to three years of lost wages or income earning capacity, and they do not cover pain and suffering or loss of life damages. This is reason to pursue a third-party lawsuit for negligence against the other driver’s insurance.
If you believe your benefits are being limited by your insurance company, you should speak with an attorney who is familiar with catastrophic car accident injury claims right away. It is almost certain that your benefits are being limited, and we can do something about them in your best interests. Often, it makes sense to pursue a first-party lawsuit against your own insurance company for the full medical benefits you deserve.
At Atnip & Associates, PLLC, this is our specialty. With offices in Rochester Hills and Escanaba, we serve victims and families throughout metro Detroit and the UP. Our attorneys have 35 years of experience aggressively pursuing maximum settlements and verdicts on behalf of our clients, whom we treat like family throughout the legal process and afterward. We will protect your rights, be champions for your best interests and guide you even after the legal process is finished.
Should You File A Lawsuit For Damages Above And Beyond No-Fault Coverage?
Pursuing a negligence lawsuit against the other driver’s insurance is a great option if your accident resulted in permanent serious disfigurement, serious impairment of a body function, long-term income loss or death. It is crucial that you undergo necessary medical exams with a doctor of your choosing so that the necessary documentation of your injuries is completed in a manner that can support your claim for benefits.
The insurance adjuster may tell you that only a doctor approved by the insurance company can provide this documentation. This is false, and you should speak with an experienced lawyer about your medical and legal options immediately.
A lawsuit for noneconomic pain and suffering damages and lost wages that are above and beyond what no-fault insurance benefits will cover is often the right way to go if you or a loved one has suffered catastrophic injuries.
The only circumstances under which you would not be able to pursue a third-party negligence lawsuit against the other driver are:
- If you were driving your own uninsured vehicle at the time of the accident
- If you were more than 50 percent at fault for the accident
Passengers in any car involved in the accident, pedestrians and motorcyclists involved in an accident with a vehicle that has more than two wheels can pursue a third-party lawsuit if their injuries are severe enough.
Note: Motorcyclists are excluded from no-fault insurance coverage if their accident does not occur with a vehicle that has more than two wheels.
Speak With One Of Our Experienced Lawyers About Your Unique Case
We have helped people throughout Michigan recover millions for their catastrophic injuries, and we see to it that the recoveries we secure will cover the past, present and future damages and losses of our clients.