Q. What does No-Fault mean?
A. No-Fault refers to the type of automobile insurance law we as Michiganders are bound to follow in this state. Michigan, as a No-Fault state, puts the responsibility on the insurance company to pay for an injured person's economic losses in an automobile collision, regardless of who is at fault for causing the collision. Some people may believe that if they are at fault for causing a collision they cannot receive lost wages if they miss time from work because of their injuries. This is simply not the case. At Liss, Shapero & Mitnick we explain the law in its simplest terms to our clients, so they can understand their rights and feel assured that they are getting the best representation available.
Our goal is to help you understand your rights and your situation.
Q. What No Fault Benefits are available to me if I’m injured in a motor vehicle accident?
A.This depends on certain factors including the language of the applicable insurance policy, but typically: medical expenses, medical transportation, in home nursing care (performed by a professional or friend/relative) up to fifty-six (56) hours per week, three (3) years of lost wages, and three years of Replacement (household) services valued at $20.00 per day.
Q. Are there caps or limits on No Fault benefits?
A. Yes as to lost wages, Replacement (household) services, attendant (nursing) care. Maybe as to allowable medical benefits (this will depend on the terms of your automobile insurance policy and/or the applicable automobile insurance policy for your injuries). PLEASE CONTACT OUR OFFICE FOR FURTHER DETAILS.
Q. Is it possible for a Michigan resident to recover No-Fault ie. Medical, wage and household benefits if injured in a motor vehicle accident outside the state of Michigan?
A. If in another State, US Territory, or Canada- Yes. If you are covered under a Michigan motor vehicle insurance policy at the time of the accident, married to someone with a Michigan motor vehicle insurance policy, or residing with a blood relative with a Michigan motor vehicle insurance policy.
Q. If I am injured in a motor vehicle accident in the course of my employment and getting Workman's Compensation benefits, may I still recover No-Fault benefits?
A. Yes. You may be entitled to wage loss in excess of what Workman's Compensation pays for wage loss and household help reimbursement.
Q. If I am receiving Social Security Disability may I receive No-Fault medical, wage and household help benefits if I am injured in a motor vehicle accident?
A. Yes, however, Social Security Disability benefits would be deducted from the amount to be received from your No-Fault carrier.
Q. If I am driving a motor vehicle owned by me or provided for my continuous use which is not insured, may I still collect No-Fault benefits and pain and suffering damages against the party who causes an accident while I am driving the uninsured vehicle?
A. No.
Q: If I have a pending claim for pain and suffering damages resulting from a motor vehicle accident injury, would my recovery of damages be affected if I filed for bankruptcy?
A: Yes.
Q: If the party causing my injuries from a motor vehicle accident is uninsured and/or underinsured and uncollectible, is there a way for me to recover pain and suffering damages?
A: Yes, if uninsured and/or underinsured coverage is available to you in your automobile policy, a resident relative's automobile policy or, in certain situations the policy of an automobile in which you were a passenger at the time of the motor vehicle accident.
Can I still qualify for no fault benefits (payment for medical expenses, wage loss, nursing care, household services) if I do not have car insurance?
A. Maybe. If you are driving your own uninsured motor vehicle (registered in your name) you will not qualify for any type of benefit- No Fault and pain and suffering. If you are the driver or passenger in a vehicle you do not own, then you could be entitled to no fault benefits. The determination of which insurance company will be responsible for your no fault benefits comes down to who is first in priority. The levels of priority are:
For Occupants and/or Pedestrians:
- The injured person's own automobile insurance policy
- The automobile insurance policy of any spouse or resident relative;
- The Michigan Assigned Claims Plan.http://www.michacp.org/(with a $250,000.00 cap)
For Occupants of employer furnished/registered vehicles:
- From the insurer of the furnished vehicle
Will I qualify for no fault benefits (payment for medical expenses, wage loss, nursing care, household services) if I am injured while operating or riding as a passenger on a motorcycle?
A: Maybe. First in order to qualify for no fault benefits following an accident where you were operating or riding on a motorcycle, there must be involvement with a motor vehicle. Second, If you are driving your own uninsured motorcycle (registered in your name) you will not qualify for any type of benefit- No Fault and pain and suffering. Finally, if you are operating or riding as a passenger on a motorcycle that you do not own, then you could be entitled to no fault benefits. The determination of which insurance company will be responsible for your no fault benefits comes down to who is first in priority.
The levels of priority are:
- The automobile insurance policy of the registered owner of the motor vehicle involved;
- The automobile insurance policy of the driver of the vehicle involved;
- The automobile insurance policy of the driver of the motorcycle.
- The automobile insurance policy of the owner of the motorcycle.
- The Michigan Assigned Claims Plan. http://www.michacp.org (with a $250,000.00 cap)
If my No Fault benefits are capped, can I claim any excess benefits incurred above the cap from the at-fault driver?
A: Yes.
Contact A Lawyer At Our Oakland County Office
Our skilled attorneys are ready to answer any questions you have regarding your accident or injury. To schedule a free initial consultation, contact us online call 248-584-1300 Toll Free 1-855-LISS-LAW
