Michigan No Fault Law
Automobile Accidents are covered by what is commonly referred to as no-fault law. Generally, if you are hurt in an accident, you look to your own auto insurance company first for benefits such as medical coverage, wage loss, and other benefits. This is true regardless as to who is at fault, hence the term “no fault.”
If you are hurt in an automobile accident you are entitled to full medical coverage. Wage loss benefits are paid at the rate of 85 percent. It is 85 percent because it is tax free. There are other benefits as well such as mileage to and from the doctor, nursing care, and service care. This is regardless of who is at fault for the accident. Medical coverage can be a confusing issue, but it is fully covered. With the exception of a deductible your insurance may require, benefits are 100 percent. Many policies require you to go through your health insurance, if any, first, and then the auto insurance picks up the difference.If you do not have health insurance, then the automobile carrier has to pick up the medical coverage 100 percent with the exception of the deductible. This includes mileage to and from the doctor.
If due to the injury you are unable to do things around the house and someone has to do it for you, the auto carrier has to pay what is called service care. Service care would be for such things as someone having to drive, do laundry, shovel snow, or even mow lawn for you. This benefit is limited to $20.00 per day. If you need personal care such as assistance with bathing, medication, preparation of meals, etc., this falls under nursing care, and there is no limit per day.
What if the automobile accident is not my fault?
If someone else is at fault for the accident, there can be a claim for pain and suffering as well. This is often referred to as a third-party claim. Determining if such a claim can be made requires a detailed analysis of the type of injuries because, even though someone else may be at fault, a claim is not automatic.
If a person’s injuries meet what is commonly called the threshold requirement, a claim for pain and suffering can be made. The threshold requirement means death, permanent serious disfigurement, or a serious impairment of a body function. What amounts to “threshold” can only be determined on a case-by-case basis. The severity of the injury, the impact it has on someone’s life, the duration of the injury, and many other factors are considered when determining whether or not the threshold is met. You should not rely on the insurance carrier, even your own, to give you advice on whether or not you have a claim. It is best to have an experienced attorney who specializes in this area of law look at the facts of your case.
Remember, the insurance company’s job is to look out for their interests not yours. If you have been injured in an automobile accident, or call (989) 725-8118 for a free consultation.