Auto Accident Claim

Being involved in a car accident can be a stressful and confusing experience, especially when it comes to dealing with insurance and claims. If you've had an auto accident in Michigan, understanding how to file a claim and what to expect can help you navigate this challenging time.

No-Fault Insurance System

Michigan operates under a no-fault insurance system. This means that after a car accident, your own insurance company will pay for your medical expenses and lost wages, regardless of who was at fault for the accident. This system is designed to ensure that you receive prompt payment for your expenses without having to prove who caused the accident.

Personal Injury Protection (PIP) Benefits

Under Michigan's no-fault system, your Personal Injury Protection (PIP) benefits cover several important aspects, including:

• Medical Benefits: These include hospital bills, doctor visits, medical tests, physical therapy, prescriptions, appliances, transportation to and from medical care, vans, wheelchairs, home modifications, and home or residential care, including attendant care provided by family members.
• Nursing Care Benefits: Also known as “attendant care benefits,” these provide care for the injured person. It's important to note that nursing care is a separate expense from replacement services.
• Medical Mileage: Reimbursement for mileage incurred traveling to and from medical appointments.
• Funeral Expenses: Coverage for reasonable funeral and burial expenses in the event of a fatal accident.
• Survivor's Loss: Compensation for the economic loss suffered by the surviving dependents of a deceased accident victim.

Filing a PIP Claim and the Application for Benefits

To initiate the process of receiving no-fault benefits, it is imperative to furnish specific information to the relevant insurance carrier within one year of the accident occurrence. This information typically includes precise details regarding the location, time, and individuals affected by the incident, alongside a comprehensive description of the injuries sustained and a formal request for no-fault benefits. Utilizing a standard application form, available through the Department of Insurance and Financial Information or any insurance provider, facilitates this procedure. The form is meticulously designed to capture all factual elements mandated by statutory regulations for submission to the no-fault insurer. Failure to submit the application with the requisite information within the stipulated one-year timeframe may result in the disqualification of the individual's claim for no-fault benefits. In cases where uncertainty arises regarding the appropriate recipient of the no-fault application for benefits, it is advisable for the claimant to distribute the written application to each potentially liable insurance company tasked with disbursing no-fault benefits.

Which Insurance Company Pays Benefits?

Think of no-fault benefits like a safety net for you and your loved ones after a car accident. No-fault benefits generally follow the person who bought the insurance rather than the motor vehicle that is insured. This personal nature of coverage extends not only to the policyholder but also encompasses their spouse, and relatives residing in the insured's household.

Typically, the injured party receives no-fault benefits in line with their own vehicle insurance policy. In cases where this policy doesn't apply, benefits may stem from the spouse's or any household relative's vehicle insurance policy. However, if neither the injured party nor any household relative possesses applicable coverage, the injured individual will be directed to an insurer allocated by a designated pool known as the Michigan Assigned Claims Plan (MACP). The MACP intervenes when an eligible insurer cannot be identified."

Statutory Deadlines

MCL 500.3145 is a law in Michigan that sets out the time limits for filing a lawsuit to claim Personal Injury Protection (PIP) benefits after a car accident.

• Time Limit to File Lawsuit: Generally, you have one year from the date of the accident to start a lawsuit to claim PIP benefits for any injuries caused by the accident. However, there are exceptions:
• Notice of Injury: If you didn't file a lawsuit within one year, you can still do so if you gave written notice of your injury to your insurance company within one year after the accident or if the insurance company already paid you benefits for the injury.
• Payment of Benefits: If the insurance company paid you benefits or you gave notice of your injury, you can file a lawsuit within one year after the most recent medical expenses or other losses related to your injury. But you can't claim benefits for expenses incurred more than one year before you filed the lawsuit.
• Tolling: If you filed a claim for benefits, the time limit for starting a lawsuit is paused from the date you filed the claim until the insurance company officially denies your claim. This pause doesn't apply if you didn't actively pursue your claim with reasonable effort.
• Notice of Injury: If you want to claim benefits, you need to inform your insurance company in writing within one year after the accident. This notice should include the name of the person injured and the time, place, and nature of the person's injury.
• Property Protection Insurance: For claims related to property damage, like car repairs, the time limit to file a lawsuit is also one year from the date of the accident.

In short, MCL 500.3145 outlines the deadlines and requirements for claiming PIP benefits after a car accident in Michigan, ensuring that injured parties have a reasonable amount of time to pursue compensation for their injuries and related expenses.

Suing for Pain and Suffering

While the no-fault system covers your immediate expenses, there are situations where you can file a lawsuit against the at-fault driver. In Michigan, you can sue for pain and suffering if your injuries meet certain thresholds, such as:

• Permanent Serious Disfigurement: Severe and lasting changes to your appearance.
• Serious Impairment of Body Function: Injuries that significantly affect your ability to lead a normal life.
• Death: If the accident results in a fatality, the family may sue for wrongful death.

The deadline for filing a lawsuit, known as the statute of limitations, is generally three years from the date of the accident. However, it's best to consult with a lawyer as soon as possible to ensure you meet all applicable deadlines.

Property Damage Claims

In addition to PIP benefits, you can also file a claim for damage to your vehicle. Michigan's mini-tort law allows you to recover up to $3,000 from the at-fault driver for vehicle damage not covered by your own insurance.

Steps to Take After an Auto Accident

• Ensure Safety: Move to a safe location and check for injuries.
• Call the Police: Report the accident and get a police report.
• Exchange Information: Share contact and insurance information with the other driver.
• Document the Scene: Take photos and gather witness information.
• Notify Your Insurance: Contact your insurance company to report the accident and start your claim.
• Seek Medical Attention: Even if you feel fine, get checked by a doctor to document any potential injuries.

Why Hire an Auto Accident Lawyer?

Navigating the complexities of auto accident claims in Michigan can be challenging. An experienced auto accident lawyer can help you:

• Understand your rights and options.
• Gather and present the necessary evidence.
• Deal with insurance companies on your behalf.
• Maximize your compensation, especially if you are suing for pain and suffering.

If you've been in an auto accident in Michigan, don't hesitate to reach out for professional help. We are here to guide you through the process, protect your rights, and ensure you receive the compensation you deserve.