Any time a person is injured as a result of the ownership, operation, maintenance or use of a motor vehicle, that person has potentially two separate claims.
The first type of claim is for medical expenses, wage loss and/or replacement service expenses. Benefits for these types of losses are payable regardless of who was at fault for the accident or injury. The circumstances of each case will determine which insurance company is responsible for these benefits. Sometimes it will be the auto insurance carrier for the victim or for a resident relative in the victim's household. On other occasions it may even be the insurance carrier for the owner/operator of the vehicle occupied by the victim. Sometimes it will be an insurance company appointed by the state.
Benefits for medical expenses are lifetime, even if the applicable auto insurance policy is later canceled. Wage loss benefits and replacement service benefits are payable for three years from the date of the accident. Wage loss is determined by the amount of income lost from work that would have been performed had there not been an injury, less 15%. Replacement service benefits are limited to $20 per day (7 days per week - 52 weeks per year) to reimburse for expenses incurred in having people do things the injured person would have done for themselves had they not been injured.
These benefits (medical, wage, replacement service) are payable regardless of the type of coverage involved; that is, whether there is "full coverage" or not.
Special rules apply to medical benefits when a person has separate health insurance. If you hire our law firm, we will assist you in obtaining these benefits.
We will not charge a fee for this assistance unless it becomes necessary to file a formal lawsuit to force the insurance company to pay the benefits owed. In such instances, the fee will be based on a percentage of the amount recovered, after first subtracting out-of-pocket expenses.
The second type of claim that arises from a motor vehicle accident is a claim against the person or persons responsible for causing the accident. Under Michigan no-fault law, such claims can only be successful if the injury is sufficiently serious. To be serious, an injury does not have to involve a broken bone or open wound. Sometimes sprains and strains can be "serious" injuries. The advice of an experienced attorney is important to the successful pursuit of such a claim.
Time can be an important factor in preserving your rights for both types of motor vehicle claims. It is in your best interest to contact one of our attorneys as soon as possible to see that your rights are preserved.
For FREE consultation call 800-634-2117 or E-mail us to assist in your legal needs!
The information found in this web site is for limited general information, ONLY. Specific cases should be evaluated through direct consultation with an attorney. Due to complexities of the law, do not attempt to evaluate your case on your own.