Auto Accidents/Michigan No-Fault Law

In Michigan, there are two major issues to consider after an auto accident resulting in injury.

I. Michigan Law regarding First Party No-Fault benefits.

a. Payment of medical bills and expenses.

When someone is injured in an auto accident in Michigan, they will need to have their medical bills covered by insurance. Consequently, they will file a claim for the first party benefits with their own no-fault insurance company. If they do not have their own coverage, then they will file a claim with the insurance company that insures the vehicle in which they were traveling. Remember, every car in Michigan is required to have insurance.

First party benefits are commonly referred to as personal injury protection benefits. If you are injured and have a valid insurance policy on your vehicle, your insurance company will be required to pay your medical costs and expenses for treatment. You will also be entitled to lost income for a period of up to three years. Of course, your lost income will have to be documented by tax returns and other methods of verification.

In addition, you will also be reimbursed for necessary services performed for your personal or household benefit. You are even entitled to mileage reimbursement for travel necessary for seeking medical care and rehabilitation. Of course, like any request for benefits, you must document your travel expenses with specificity.

A. Priority in personal injury protection benefits under Michigan No-Fault

Under Michigan No-Fault law, MCLA Section 500.3114(1), there is an order of priority regarding how Personal Injury Protection benefits are paid on behalf of a person suffering accidental bodily injury arising out of a motor vehicle accident. The order of priority is listed below:

If you own an insured auto, your carrier has the highest order of priority. The claim should be submitted to your insurance carrier for consideration; if none, then to your spouse’s auto insurance carrier.
If you do not own an insured auto, but live with a relative who does, that person could be considered a “resident relative” and benefits would be applied under their auto policy.
The next priority is the insurer of the owner or registrant of the vehicle occupied.
Next priority is the insurer of the operator of the vehicle.
If there is no other policy, a claim should be made with the Michigan Assigned Claims Facility.
In Michigan, all injured persons fall back on their own automobile insurance policies, or in the order listed above, for motor vehicle accidents. It is recommended that you pursue the availability of coverage from the proper carrier, as outlined above. You have one year from the date of loss to file a claim with the appropriate automobile insurance company.

II. Michigan Third Party Benefits- ( money damages for pain and suffering)

The question in Michigan is when can I sue the person that injured me in an auto accident and caused me pain and suffering. In the event that you are seriously injured in an auto accident, you should consult an experienced attorney immediately in order to determine whether or not you would have a third party no-fault claim. This overview is not intended to determine whether or not you would have a claim, it is only intended to offer general information regarding third party no-fault claims. Attorney Gerald R Stahl has been helping the seriously injured in Grand Rapids and Western Michigan for 30 years. Call Attorney Gerald R. Stahl in Grand Rapids to discuss the facts of your auto accident case.

If you are seriously injured in a two car accident and the other party is over 50% at fault, you may have a claim for third party benefits. Also, if you are a passenger in a car where the driver is at fault, you may also have a claim for third party benefits.

a. Serious impairment of bodily function.

In order to recover non-economic damages, that is papin and suffering in Michigan, you must have what is normally called threshold injuries. Threshold injuries are death, serious impairment of bodily functioon or permanent seriuos disfigurement. By law, the serious impairment of bodily function must be objectively manifested. That means you will need evidence such as doctors to document that the injuries are serious. As part of the Michigan case law, the injury must affect your ability to live a normal llife. Some injuries such as closed head injuries are subject to different rules and standards under the law. The law regarding threshold injuries is constantly changing and being discussed by the Supreme Court of the State of Michigan. Therefore, it is necessary for an injured party to consult an attorney regarding your threshold claim.

b. Michigan Case Law

The Michigan Supreme Court recently ruled in favor of victims who seek compensation for injuries for pain and suffering after a car accident. The new case decided in August of 2010 is McCormick v Carrier. In McCormick v Carrier, the Supreme Court allows recovery for persons who suffer a serious impairment of bodily function if the injuries affect his or her normal life.

The importance of this case is to allow victims of car crashes and semi crashes to recover non-economic damages or pain and suffering as a result of their injuries if their normal life is affected by their injuries. Under the old case law prior to the McCormick decision, the injury would have to completely alter a person’s life before a victim was entitled to recovery. Under Michigan’s No Fault Act, a person is entitled to recover non-economic damages for pain and suffering so long as they sustain a serious impairment of bodily function or what is commonly referred to as threshold injuries.

The first requirement in making a recovery is that the accident victim is not more than 50% at fault in causing the accident. Secondly, the court should determine if the victim sustained a serious impairment of bodily function. In order to determine a serious impairment of bodily function, the injuries must be objectively manifested, and they must affect an important bodily function that finally affect a person’s general ability to lead his or her normal life.

2. Always seek medical treatment for your injuries after a car or truck accident in Michigan.

Receiving medical treatment should be a top priority after an auto or truck accident in Michigan. Injuries are not always readily apparent to a person that is startled or traumatized by a serious accident. If you do not seek medical attention the insurance may claim that your injuries are not a result of the car or truck accident.

The Law Offices of Gerald R. Stahl has handled numerous cases involving car or truck accidents in Western Michigan and recovered millions of dollars in claims for victims in these types of cases. If you have been seriously injured in an automobile accident or truck accident in Michigan. If you have a claim under Michigan’s No Fault Act, call the Law Offices of Gerald R. Stahl in Grand Rapids for your best results.

The law offices of Gerald R.Stahl has handled automobile accident cases in Grand Rapids, and surrounding Western Michigan Counties since 1982. We have the experience to fight big insurance companies and maximize the amount of money you receive for your injuries. Gerald R Stahl is conveniently located on Grand Rapids on East Beltline near Knapp's corner and the 63rd District Court.