No-Fault / First-Party / PIP Insurance Claims:
The Michigan 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.
A basic summary of no-fault benefits that can be claimed:
- Wage Loss for 3 years. 85% of any wages lost as a result of your injuries, up to a statutory monthly maximum that is adjusted every year. The current maximum through September 30, 2009 is $4,948 per month. (State of Michigan Office of Financial and Insurance Services Bulletin 2008-12-INS)
- Replacement Services up to $20.00 per day for 3 years.
- Medical Expenses for life.
- Medically Related Mileage for life.
- Vocational Rehabilitation for life.
- Home Modifications for life.
- Handicap Modified Vehicle for life.
- Attendant Care Services (even if provided by family members) for life.
There are some important steps you must take in securing your benefits. First, you must notify the proper no-fault insurer in writing within one year of the accident or you will forever lose any benefits to which you might be entitled. This notice requirement MUST provide the name and address of claimant and indicate in ordinary language the name of the person injured at the time, place and nature of injury/injuries. Nothing starts until you have filed this notice. Secondly, if there are any items of reimbursable expense that are not paid by your insurance carrier, you must file a lawsuit for each particular item within one year from the date that expense was incurred. If such a lawsuit is not filed within that one year period you will lose all rights to reimbursement for that particular item of expense.
(Please consult with an attorney for additional information regarding specific benefits and the application of these benefits.)
The general rule should be understood: Everybody injured in a motor vehicle accident is covered by no-fault.
Thus, a pedestrian who does not have no-fault insurance, and who is injured by a hit and run vehicle that cannot be located, is still entitled to no-fault.
Where does the insurance come from if the injured person is uninsured and if the hit and run vehicle cannot be located? In such cases the State of Michigan will assign an insurance company through the Assigned Claims Facility.
