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Copyright 2003 Michael J. Gallagher - All Rights Reserved |
“Am I covered under No-fault?” “I was injured in an accident involving a car, truck or bus. Am I covered under No-fault?” Yes, generally. There are very few circumstances in which you would not be covered for No-fault Benefits. If you were the owner of an uninsured vehicle and operating that vehicle and were involved in an accident, you would not be eligible for Benefits. You should consult an attorney if your application for benefits is denied. “How do I get these benefits?” You fill out a simple one-page application that your insurance company will send to you upon request. The form is basically a Notice to the insurance company about the accident, your name, address, and the nature of your injuries. It also includes permission for the insurance company to investigate your claim. “What insurance company must pay my bills?” Assuming that you own a car or truck that is insured under Michigan law, your own insurance company will pay your benefits under most circumstances. It does not matter if you were the driver, a passenger, a bicyclist or a pedestrian. If you are injured in an accident involving a car, truck, bus or certain other motorized vehicles, your own No-fault insurance generally pays your benefits. “What if I do not have insurance?” You would collect your benefits from the insurance company of any relative with whom you live who is insured. If there is no such insurance, you would collect your benefits from the insurance company of the car (or driver) in which you were riding or if that car is uninsured, from the no-fault insurer of the other car (or driver). Remember, if you knowingly own and drive an uninsured car or truck, you are probably not eligible for No-fault benefits. “What if I am riding in a taxi-cab, bus or other commercial vehicle?” This is one of the rare exceptions under the No-fault laws. You would collect benefits from the insurance carrier for the commercial vehicle in which you were a paying customer. “What if I am not covered by any insurance company and neither is the other car or driver?” Under these circumstances, Michigan has the “Assigned Claims Facility.” The State of Michigan will assign an insurance company to provide your benefits. Under these circumstances, you would file the application for benefits form with the Assigned Claims Facility:
“What Benefits am I entitled to receive?” Each of your rights is described in greater detail later in this booklet. In summary, your rights include payment of reasonable medical bills, including services, accommodation and rehabilitation for the rest of your life for injuries suffered in the accident. Your benefits also include eighty-five injured. Lost wages are subject to monthly maximums and are paid only for three (3) years. Your insurance company will also pay up to twenty dollars ($20.00) per day for services you used to provide for yourself or your family (dishwashing, snow removal, home repairs, etc.) that you are unable to perform and must hire someone else to do. Additional benefits include mileage to and from medical appointments and payment to people who provide medical assistance to you at home, even if they are your relatives. Long term benefits for seriously injured people (spinal cord, brain damage, burs, etc.) is perhaps the most complex area of No-fault law. Therefore, it is wise to consult an attorney as to the full range of medical and rehabilitative services that are available under Michigan law. The same is true if a relative has died in an accident. “What if I have health insurance?” Under most No-fault policies (called “excess” or “coordinated medical benefits”), your health insurance company pays the medical benefits it provides and your No-fault carrier pays the rest. Some No-fault policies are not “coordinated” and those policies pay your entire medical bills even if you already have health insurance. The bill from your No-fault insurance company will state clearly whether your medical bills are “coordinated” or “excess”. In some situations, your general health policy may shift primary responsibility of your medical benefits to the No-fault carrier. Your general health care policy will clearly state if it shifts primary responsibility for your medical benefits to your No-fault carrier. “What if I get benefits form someone other than a health insurance company such as workers’ compensation, Medicaid, or Social Security disability?” Your No-fault carrier has the right to subtract from what it owes any benefits that you are entitled to receive through such programs. “What about pain, suffering, scarring, and other injuries that are not money losses?” The law permits you to sue the at-fault driver under very limited circumstances. First, you must have been seriously injured. The law defines serious injury as “death” of “serious impairment of body function” or “permanent serious disfigurement.” In addition, you cannot be more than fifty percent (50%) at fault in the accident. If you have suffered one of these “serious injuries” and the other person is 50% or more at fault in the accident, you can sue for non-economic losses including pain, suffering, mental anguish, scars and disfigurement. This is an area in which legal advice is very helpful. If you have any questions, please contact me: Michael J. Gallagher, Personal Injury Attorney mike@lawyerinjuryexpert.com 1-877-445-4446 |
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