Michigan Car Accident Attorneys Blog

MICHIGAN HAS THE BEST NO-FAULT SYSTEM:

The purpose of the Michigan No-Fault System is to put an injured person in the position they would have been in had the accident not occurred. As a general rule, every person injured in an auto accident is entitled to the payment of certain no-fault benefits. This is true regardless of fault and even if you do not own your own automobile. Some of the benefits include; all reasonably necessary medical treatment for life, wage-loss, attendant care and chore services.

The benefits available in Michigan are unprecedented to any other no-fault system in the U.S. While you may be led to believe that our no-fault system results in higher insurance premiums, this is not true. Insurance companies have found ways to remain extremely profitable in Michigan, even in these extremely dark economic times.

No matter what the injury; from bumps and bruises, to traumatic brain injuries and quadriplegia, this no-fault system allows access to nation-wide, state-of-the-art medical treatment facilities for a person's care, rehabilitation and recovery for an entire life-time. Statistically almost everyone will be involved in at least one auto accident within their lifetime. As a result, it is important to know about these important benefits if an auto related personal injury occurs.

If you are injured and do not make a timely claim, you could be forever barred from making a claim for injuries arising out of the accident. If you are involved in an auto accident and sustain personal injury, please do not hesitate: Call us first.........Act second.

-Suzanne M. Kalka, Attorney
-Specializing in aggressively obtaining the best no-fault benefits for the catastrophically injured.

TOP FIVE THINGS TO DO IF YOU ARE INVOLVED IN AN AUTO ACCIDENT:

1. Immediately, make a police report. (even if you have limited information).
2. Seek medical treatment, if you are injured. Follow your doctor's advice.
3. If you own a motor vehicle, call your agent and report that you were injured. If you do not own a motor vehicle, contact our office and we will help get you started.
4. Get expert legal advice from an attorney specializing in Michigan No-Fault law. Do not assume that you are getting all the benefits you may be entitled to receive. Our firm specializes in obtaining no-fault benefits for individuals who sustain personal injuries arising out of auto related accidents.
5. Don't wait. Move quickly, as you only have one year to make a claim and to get your bills paid.

Four Michigan Supreme Court Justices (Young, Markman, Kelly and Zahra) issued a decision changing 30 years of No-Fault Insurance law finding that automobile insurance companies no longer need pay No-Fault benefits to a person who is injured while closing their car door.

In Frasier v Allstate, the claimant, Mona Lisa Frasier had put some personal belongings in the passenger side of her car and was in the process of closing her car door when she fell on some ice and was injured. Mona Lisa made a claim with her car insurance company, Allstate to get her medical bills paid. Why? because the the Michigan No-Fault statute says the car insurer has to pay for your medical care if you are hurt as “a direct result of physical contact with equipment permanently mounted on the vehicle[,]” or if the injury occurs “while occupying, entering into, or alighting from the vehicle.”

Continue reading "WHEN IS A DOOR NOT A DOOR? ASK THE NEW MICHIGAN SUPREME COURT" »

Michigan's No-Fault Law provides extremely valuable benefits to which you are entitled because of your accident. These economic benefits include medical expenses, wage loss and replacement services as necessitated by your injuries.

The Medical Expenses Provision provides reimbursement for all medical expenses incurred by you because of your injuries. Depending upon the type of insurance coverage involved, these may be coordinated benefits, which pay all expenses not covered by your basic health insurance, or full benefits, which pay all medical expenses incurred even if those are paid by a health insurance provider.

Part of the Medical Expenses Provision of the No-Fault Act provides for the reimbursement of transportation expenses. These include expenses for mileage to and from doctors or hospitals or rehabilitation clinics. In the event that you do not drive, it can include bus fare or taxi fare. Please keep a complete record of all your mileage expenses and submit them to the insurance company along with your other medical bills.

The Wage Loss Provision will reimburse you for 85% of any wages lost as a result of your injuries, up to a statutory monthly maximum, which is adjusted every year.

The Replacement Services Provision will pay up to $20.00 a day for any services you used to do for yourself but cannot do because of your injuries and now must hire someone else to do them for you. (Like washing the dishes, cutting the grss, shoveling the snow, doing the laundry etc.)

The Medical Expense Provision is a lifetime benefit; the Wage and Replacement Services are payable for three (3) years from the date of the accident.

To secure the benefits, there are some important things that you must do. First of all, you must immediately file a No-Fault Application with the applicable insurance carrier. Nothing starts until you file this application. This application must be filed within twelve (12) months from the date of the accident, or you will forever lose any benefits to which you might be entitled.

Secondly, if any particular item of reimbursable expense is not paid by your insurance carrier, you must file a lawsuit to force them to pay that expense within twelve (12) months from the date that such expense was incurred. If such a lawsuit is not filed within that twelve- (12) month period, then again, you will lose all rights to reimbursement for that particular item or expense.

As a resident citizen of the State of Michigan, you have a right to collect no-fault benefits if you are injured in an automobile accident. These benefits should come to you without the need of hiring an attorney to collect them for you. However, you must file a No-Fault Application with your insurance company and see that all necessary bills for reimbursable expenses are submitted to the insurance carrier.

If you experience any trouble with your insurance carrier, please feel free to call us so that we can discuss the necessary legal action to protect your rights to benefits, and to make sure that you do receive those benefits which you are to receive under the law.

Continue reading "Your No-Fault Rights" »

Ok, It was bound to happen.
You have been in a car accident.
You felt OK right after the crash, but the next day your back and neck are really sore.
What to do??

Well, first and foremost go see your family doctor and follow their advice.

Whether you caused the accident or not, you are entitled to certain benefits from the insurance company. You need to contact the insurance company and complete a simple form called an application for no-fault benefits. These benefits are called 1st party or PIP (Personal Injury Protection) benefits. If you suffer an injury in a car accident you are eligible for these benefits no matter how the accident happened.

So, what are PIP or first party benefits?

Continue reading "So you have you been in a car crash? Now What?" »

In 2006 the Michigan Supreme Court changed the law to limit children and incompent people (like someone in a coma) from collecting No-Fault benefits from their own insurance company in the case of Cameron v Auto Club.

In a 4-3 ruling just issued by the Michigan Supreme Court, the Cameron decision was reversed. The Court found in Regents of the University of Michigan v Titan that the one-year-back rule for insurance claims has taken on new meaning for incompetents and minors. The one-year-back rule in MCL 500.3145(1) states that a claim for personal protection insurance must be brought within one year of an accident. The July 31, 2010 opinion in Regents of University of Michigan v. Titan Ins Co explains that the one-year-back rule in does not prevent a minor or incompetent from bringing suit when they reach the age of responsibility or become competent.

Continue reading "SUPREME COURT DENIES CAR INSURER EFFORT TO DODGE RESPONSIBILITY" »