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Articles Posted in Michigan No-Fault Law

Michigan No-Fault law entitles an injured claimant to recover up to $20 per day in benefits during the first three years after the date of the accident. This is known as replacement services.

Replacement services are used to replace those services that the injured party used to do for himself or herself but can no longer do because of the injuries sustained in the accident.

Services generally include common household tasks such as cleaning, laundering, caring for the lawn, snow shoveling, household and vehicle repairs, shopping, and grocery shopping

The following are practical steps to keeping yourself and your family safe during the summer:

-LOOK TWICE FOR MOTORCYCLES:

Motorcycles are much more exposed to potential dangers so that most accidents result in death or very serious injury. They also happen to be the hardest to see. The glare of the sun can make them much harder to see. Check your blind spots to your left and right before changing lanes. Look twice for motorcycles coming at you from the opposite direction before turning left. It could save a life.

If you are fortunate enough to have primary health insurance you and you are involved in an auto accident, you have the unfortunate responsibility of making sure you stay within your primary plan’s coverage zones and obtain medical care by providers who subscribe to your primary health care insurance plan. If you do not do this, your no-fault carrier may have a good reason to deny payment of those bills.

However, there are some exceptions to staying within your coverage plan. One of those exceptions would be if your primary health care plan does not provide for the specialty care or services needed in connection with your auto related injuries. This is an intricate analysis and usually involves injuries which are catastrophic.

If you have been injured in an auto accident and are faced with inadequate health care service choices call our office for guidance so that we can explore getting you the treatment that is reasonably necessary and not necessarily that which is connected to your primary health care plan. If faced with this type of scenario, you need an expert no-fault lawyer. Our office has lawyers who are expert no-fault attorneys who have dealt with these issues. We can help you get the treatment you need and make your recovery less stressful so that you do not have to maneuver the complicated no-fault law on your own.

MICHIGAN HAS THE BEST NO-FAULT SYSTEM:

The purpose of the Michigan No-Fault System is to put an injured person in the position they would have been in had the accident not occurred. As a general rule, every person injured in an auto accident is entitled to the payment of certain no-fault benefits. This is true regardless of fault and even if you do not own your own automobile. Some of the benefits include; all reasonably necessary medical treatment for life, wage-loss, attendant care and chore services.

The benefits available in Michigan are unprecedented to any other no-fault system in the U.S. While you may be led to believe that our no-fault system results in higher insurance premiums, this is not true. Insurance companies have found ways to remain extremely profitable in Michigan, even in these extremely dark economic times.

In 2006 the Michigan Supreme Court changed the law to limit children and incompetent people (like someone in a coma) from collecting No-Fault benefits from their own insurance company in the case of Cameron v Auto Club.

In a 4-3 ruling just issued by the Michigan Supreme Court, the Cameron decision was reversed. The Court found in Regents of the University of Michigan v Titan that the one-year-back rule for insurance claims has taken on new meaning for incompetents and minors. The one-year-back rule in MCL 500.3145(1) states that a claim for personal protection insurance must be brought within one year of an accident. The July 31, 2010 opinion in Regents of University of Michigan v. Titan Ins Co explains that the one-year-back rule in does not prevent a minor or incompetent from bringing suit when they reach the age of responsibility or become competent.

MCL600.5851(1) explains that incompetents and minors have one year from when the disability is removed to file a lawsuit. This means that a minor would have a year after their 18th birthday to file suit. These laws seem to conflict as to when someone can bring a claim against an insurance company and the Michigan Supreme Court now says that the law that deals with incompetents and minors is what ultimately governs.

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