Injured But Not At Fault: A Guide To Seeking Legal Help After A Car Accident – A person involved in a motor vehicle accident in Michigan is entitled to Michigan no-fault benefits unless they were driving without insurance. Michigan no-fault benefits include reimbursement for medical expenses, lost wages, home replacement services, attendant care, and mileage reimbursement for travel related to medical care.
To receive Michigan no-fault benefits, you must complete a written claim for benefits and submit it to the appropriate insurance company within one year of the date of the accident. If you do not file a claim with the relevant insurance company within one year, your right to these benefits will cease.
Injured But Not At Fault: A Guide To Seeking Legal Help After A Car Accident
After you file a claim, reasonable proof of benefits must be sent to the relevant insurance company within one year of the date of the expense. Again, if this is not done, you will not receive these benefits. This can be a very confusing area of Michigan no-fault law. The legal experts at Mike Morris Law Firm are available to answer your questions anytime by phone – 855-MIKE-WINS – or by email.
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The law excludes no-fault drivers from coverage unless the driver is involved in a vehicle accident or other emergency. There are too many examples to give, but you will receive free legal advice. Call us today at 855-MIKE-WINS or send us an email to get all your questions answered toll free.
Anyone involved in an accident in Michigan is entitled to no-fault benefits. The trick is choosing the right company to pay you these benefits. Whether you are the driver, passenger or pedestrian, Michigan no-fault benefits are paid by your auto insurance company, even if you are not at fault. If you don’t own a car, the car insurance benefits of your live-in relative will be paid. If you don’t live with relatives who have car insurance, the benefit depends on whether you are a driver, passenger, pedestrian or motorcyclist.
It is very important to file a wrongful death claim with the right company. Every car owner needs to get some basic coverage to get the plates. It is against the law to drive or be allowed to drive your vehicle without insurance. Your primary insurance will not pay for repairs to your car. This is a very confusing part of the law! We can help you find out who the responsible insurer is.
Job Loss Benefits: In Michigan, if you are injured in a car accident and unable to work, you may be eligible for benefits to help compensate for lost wages. Michigan no-fault wage loss benefits do not include potential income potential or fringe benefits, such as anticipated growth premiums, 401K or health insurance. The injured person is paid 85% of the total lost wages for three years after the accident. Under a Personal Injury Protection Insurance (PIP) policy, the maximum monthly benefit increases on October 1 each year.
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A doctor’s certificate of disability and proof of income are required. If you were receiving cash as wages at the time of your Michigan auto accident, or otherwise did not file an income tax return, you may still be eligible for no-fault lost wages. . Even if you are looking for work or are “temporarily out of work” during an accident, you can still get benefits. If your income is above the legal limit, lost wages can often be recovered by filing a wage loss claim against the negligent driver’s auto insurance.
Advantages of Placement Services: Placement services are “ordinary and necessary” services that a person must hire someone else to perform because they can no longer do the work themselves. In many cases, the victim’s family members provide substitute services. To qualify, Michigan accident victims must prove disability. It is prepared in the form of a certificate issued by a doctor on disability of the alternative service. A household services application must also be submitted to determine the duties that are now being performed by someone else.
Paid by a no-fault insurance provider, a car accident victim can receive up to $20.00 per day in home replacement services. (This compensation amount has not increased since 1973.) Alternative household services include cleaning, laundry, snow removal, lawn and yard work, babysitting, grocery shopping, housework, food preparation, manufacturing, including home repairs, car repairs, or anything else. The injured person was doing what he was doing around the house, but due to the accident he was unable to do it. This benefit is paid for the first three years after the accident.
No-fault medical benefits: Michigan’s no-fault law allows Michigan car accident victims to receive lifetime payments for “reasonably necessary products, services and accommodations” for medical bills necessary for the care, recovery or rehabilitation of the victim. . Allowable medical expenses include doctor’s fees, hospital bills, drugs, medical supplies, and rehabilitation expenses. For treatments considered experimental, certain criteria must be met before coverage is authorized. Just because an injured person believes that professional treatment is necessary does not mean that an insurance company or a court will consider it.
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The latest no-fault law changes that will come into force on July 1, 2020 will allow drivers to choose different levels of medical coverage through their insurance policies. These levels range from coverage to unlimited coverage for certain people with Medicaid coverage. Although changes have been made to lower insurance costs for Michigan drivers, the savings associated with reducing coverage are minimal. Consumers should choose unlimited coverage in all circumstances to give themselves maximum protection if they are involved in an auto accident.
A person with a severe injury, such as a quadriplegic or paraplegic, may be eligible for additional benefits that include modifying their home or van for wheelchair access.
Caregiver Benefits: Caregiver benefits are available for people who are seriously injured in a Michigan car accident, motorcycle accident, or semi truck accident. The insurance company is not at fault if the person is unable to take care of themselves (requiring personal hygiene, dressing, changing bandages, going to the bathroom, feeding, taking medicine, assistance with walking, needing supervision or simply calling “for their own needs”). . Will pay. Have someone else perform these services for the injured person. Often, these situations occur when the victim needs some sort of surgery, spinal cord injury, or traumatic brain injury. If the accident victim is unable to provide adequate self-care, a third-party aide may be engaged to assist the victim as needed. The chosen supporter can be a spouse, child, neighbor, friend or professional.
The no-fault insurance company is financially responsible for paying the helper hourly. Prices are based on the level of expertise required for the services the victim needs. The levels begin with unskilled or supervisory care and progress to highly skilled or registered nursing level care. You will need a doctor’s note and a statement from your guardian to receive this benefit. Maintenance services can last from one day to a lifetime. Under Michigan case law, a person has the right to be paid for providing assistance to a caregiver even while sleeping or working. Just caring for the injured person is enough to help the helper.
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As of July 2, 2021, no-fault car insurance companies must pay for more than 56 hours of care per week for home, partner or family care. This limitation, of course, only applies to those who require car insurance coverage. If you or a loved one have not been injured in a car accident, this law may not apply to you. These restrictions do not apply to services provided by medical facilities or commercial organizations. Additionally, the new law does not prohibit auto insurance providers from covering service providers who work more than 56 hours per week.
It’s unclear how the new law will affect people who already receive 24-hour care. The amount of PIP coverage your insurer provides can also affect total coverage. And in some cases, this rule may not apply, depending on who is caring for you. For more information, contact an attorney as soon as possible.
The professionals at the Mike Morris Law Firm can personally help you negotiate a higher price for your services. If a family member is unable to provide services, the Mike Morris Law Firm can assist in finding an appropriate agency to meet the needs of the victim at no cost to the family. Have more questions? Contact our experienced staff of Michigan auto accident attorneys and ask.
