Your No-Fault Rights

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.

Also, do not wait too long before calling us if your insurance company is not paying your benefits. In 2005 the Michigan Supreme Court changed the law and you now only have twelve (12) months from the day that a bill or expense was incurred to file a lawsuit whereas in the past you had one year from the date that a particular claim was denied to file a lawsuit. Therefore, even if your insurance company has not denied all or part of your claim, but has simply not acted on it, you must sue them within a year or you will lose your right to obtain those overdue benefits.

Since much time is often required to research the facts in a particular case before a lawsuit is filed, you should call us long before twelve months have gone by. You should definitely let us know if ever the insurance company notifies you that they will not pay benefits, or that they will stop paying benefits which they have previously paid or, now more than ever, if it has been over 60 days since you submitted a claim and you have yet to hear from your insurance company.

We appreciate that much of this sounds quite complicated, and in many respects, the law is complicated. The important thing. to remember is that you must file a No-Fault Application immediately after a collision and let us know if, after a reasonable period of time, you are experiencing any difficulties with the insurance company. We will be happy to take your call, advise you and help you through this process.