Your No-Fault Rights
Michigan's No-Fault Law provides extremely valuable benefits to which you are entitled because of your accident. These economic benefits include medical expenses, wage loss and replacement services as necessitated by your injuries.
The Medical Expenses Provision provides reimbursement for all medical expenses incurred by you because of your injuries. Depending upon the type of insurance coverage involved, these may be coordinated benefits, which pay all expenses not covered by your basic health insurance or full benefits, which pay all medical expenses and mileage to and from a doctor, hospital or physical therapy.
The Wage Loss Provision will reimburse you for 85% of any wages lost as a result of your injuries, up to a statutory monthly maximum, which is adjusted every year.
The Replacement Services Provision will pay up to $20.00 a day for any services you must now hire for things that you used to do for yourself but cannot now do because of your injuries.
The Medical Expenses Provision is a lifetime benefits; the Wage Loss and Replacement Services are payable for three years from the date of accident.
To secure these benefits, there are some important things that you must do. First of all, you must immediately file a No-Fault Application. This Application must be filed within twelve (12) months from the date of the accident, or you will forever lose any benefits to which you might be entitled.
Secondly, if any particular item of reimbursable expenses is not paid by your insurance carrier, you must file a lawsuit for that particular item within twelve (12) months from the date that such expenses were incurred. If such a lawsuit is not filed within that twelve (12) month period, then again, you will lost all rights to reimbursements for that particular item of expense.
Since is should not be necessary for you to pay for the services of an attorney to secure those benefits to which you are entitled by operation of the law and for which you have probably been paying automobile insurance premiums for many, many years, we will not be representing you for your No-Fault benefits at this time. It will be your responsibility to file the No-Fault Application and to see that all the necessary bills for reimbursable expenses are submitted to the insurance carrier. If we do not hear to the contrary from you, we will assume that everything is going smoothly and that your automobile insurance company is paying your benefits properly, as they should.
HOWEVER, if you are experiencing any trouble with your insurance carrier, then be sure to call us so that we can advise you as to the appropriate actions necessary to protect your rights.
Also, do not wait too long before contacting our office if you are experiencing problems with your No-Fault carrier. Although the law gives you twelve (12) months to file a lawsuit, you must appreciate that there is much time required to research the facts in a particular case before a lawsuit is filed and that you should take action long before the twelve (12) months has gone by. You should definitely let us know if the insurance company notifies you that they will not pay benefits or if they will stop paying benefits.
We appreciate that much of this sound quite complicated and in many respects, the law is complicated. The important thing ot remember is that you must file a No-Fault Application immediately and to let us know if after a reasonable period of time you are experiencing any difficulties with the insurance company. Again, if we do not hear from you to the contrary, we will assume that everything is going well and that you are having no problems.
NOTE: OUR OFFICE OFTEN PROVIDES THIS LETTER TO PERSONS WHO ARE NO LONGER CLIENTS OF OUR OFFICE OR WHO NEVER WERE CLIENTS OF OUR OFFICE, BUT WHO WE FELT MIGHT BENEFIT FROM THE INFORMATION CONTAINED IN THIS LETTER. AS SUCH WHEN THIS LETTER IS PROVIDED UNDER THOSE CIRCUMSTANCES THERE SHOULD BE NO INTERPRETATION THAT BY PROVIDING THIS LETTER OUR OFFICE IS IN ANY MANNER ASSUMING LEGAL REPRESENTATION WITH REGARD TO NO-FAULT BENEFITS.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2007 Bryan M. Black. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.