If you are a victim involved in a car accident, regardless of fault, we may handle your case. Under Michigan Law, a victim involved in a car accident, may be entitled to bring two claims: A “First Party” claim for No-Fault benefits and a “Third Party” claim for automobile negligence benefits.
- What is a No-Fault claim?
- Who pays my No-Fault Claim? A No-Fault claim is almost always brought against your own personal insurance policy. If you do not have a personal insurance policy, it is brought against your spouse’s policy, or a relative’s policy as long as they reside in your household. If no insurance policies apply, your claim may go through the State of Michigan’s Assigned Claims Plan.
- A No-Fault claim is paid regardless of who is at fault for the accident.
- Notice: In Michigan, you have one year to notify your insurance company of an accident and place them on notice of your claims, or you may be barred from making a claim. If you are filing a claim through the Michigan Assigned Claims Plan, you have one year to submit your application for benefits, or you may be barred from making a claim.
- What is covered? A No-Fault claim consists of your insurance company paying automobile accident-related medical treatment, 85% of your lost wages, up to $20.00 per day in household replacement services, attendant care / nursing care services, medical mileage reimbursement, and/or other out-of-pocket expenses related to your medical care, such as health insurance deductibles or prescription costs.
- Statute of Limitations: Generally, you must file a lawsuit against your insurance company for outstanding no-fault benefits, within one year from the date of the accident
- What is a Third Party claim or automobile negligence claim?
- A Third Party claim for automobile negligence is a claim brought against the driver and/or owner of the at-fault vehicle that caused the motor vehicle accident.
- In a Third Party claim, you can recover noneconomic damages, often called “pain and suffering” if the injured person has suffered death, serious impairment of a body function, or permanent serious disfigurement. “Serious impairment of a body function” means that you have sustained an “objectively manifested injury” that can be observed by someone other than the injured person. The injury must impair “an important body function.” And the injury must impact the injured person’s ability to lead his/her normal life. If you can bring forth evidence that your day-to-day life was impacted because of the injury sustained in the accident, you may have a claim.
- In addition to pain and suffering, you may be able to recover excess No-Fault benefits such as medical bills and/or wage loss that exceed the amounts covered by your own no-fault insurance.
- Statute of Limitations: You must file a lawsuit against the driver and/or owner of the at-fault vehicle within three years from the date of the accident.