Michigan Automobile No-Fault Law - A PrimerBy Eric Steinberg
Michigan auto accident lawyer is a very complex system that few people truly understand. This article gives a brief description of the Michigan no-fault system. If you or a loved one is involved in a car, truck or motorcycle accident, it is important you call a Michigan auto accident lawyer for a more detailed description of your rights and benefits.
The central tenant of the Michigan no-fault law is the actual "no-fault" provision found in the law. In almost all situations, a person is entitled to no-fault benefits, even if they caused the accident, so long as the person was involved in a motor vehicle accident.
These no-fault benefits are sometimes called first-party benefits or PIP (personal injury protection) benefits.
At the outset, Michigan auto accident lawyer is really divided into two separate categories, first-party litigation and third-party litigation. First-party litigation is a claim against an insurance company for no-fault benefits. No-fault benefits pertain to economic damages, such as lost wages and medical bills. A third-party claim is a claim against an at-fault motorist for pain and suffering damages only.
FIRST-PARTY CLAIM:
It is important to understand that just because you do not personally have automobile insurance coverage does not mean you are not entitled to first-party benefits. Passengers, pedestrians, bicyclists, and drivers are examples of people entitled to no-fault first-party benefits. Even without auto insurance/Michigan auto accident lawyer, in almost all situations you are still entitled to PIP benefits, as long as a motor vehicle is involved.
The no-fault benefits accident victims are entitled to are extensive. They include, but are not limited to, reimbursement for medical expenses such as doctor and hospital visits, lost wages, household replacement services, attendant (nursing) care, survivor's loss benefits and reimbursement for travel expenses related to medical care. Get your Michigan auto accident lawyer.
When opening a first-party claim for no-fault benefits, one must first determine which insurance company is responsible for the payment of these no-fault payments and Michigan auto accident lawyer. This is called the order of priority. The order changes, depending on if the person is injured while an occupant of a motor vehicle or a non-occupant - such as a pedestrian or bicyclist. Either way, the first place to start is the injured person's own insurance/Michigan auto accident lawyer. If that person carries auto insurance, that auto insurance company is responsible for no-fault payments. The search ends there.
However, if that person doesn't have auto insurance/Michigan auto accident lawyer, one next looks to the accident victim's spouse or a resident relative who is domiciled with the accident victim and see who their insurance is with. If auto insurance/Michigan auto accident lawyer exists at this level, that insurer is responsible for the payment of no-fault benefits. If no insurance exists at this level, the search continues. Ultimately, all persons who sustain an injury in a motor vehicle accident are protected by the no-fault act, even if this requires the State of Michigan/Michigan auto accident lawyer to assign an auto insurer to the accident victim to cover the applicable no-fault benefits.
There is one lone exception to this rule. A claimant who has not purchased insurance for his or her owned vehicle involved in an accident is disqualified from receiving no-fault benefits, because under the law, each vehicle owner must insurer his or her vehicle. Get your Michigan auto accident lawyer.
THIRD-PARTY CLAIM:
Under Michigan law, a third-party claim is the typical negligence claim in which an accident victim seeks money damages because of the negligence, or fault, of another vehicle operator or owner. Although auto accidents happen for any number of reasons, typically they involve a driver who was not paying proper attention or was not using due care in operating the vehicle.
In a third-party negligence claim, the plaintiff may sue for pain and suffering damages as long as he or she meets the statutory threshold of death, permanent serious disfigurement, or serious impairment of body function.
In addition to pain and suffering, negligent defendants are responsible to accident victims for excess economic loss, regardless of whether or not the accident victim meets the statutory threshold/Michigan auto accident lawyer. Thus, even if a plaintiff does not have a serious impairment of a body function, he or she can still recover loss wages and replacement services that exceed the statutory maximum amount available in a first-party no fault claim, or lost wages and replacement services that last beyond the 3 years paid by the PIP no-fault insurance company. Get your Michigan auto accident lawyer.
