Michigan No-fault Benefits Explained

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Anyone involved in a motor vehicle accident in Michigan is entitled to certain Michigan no fault benefits, unless they were driving a car that they owned with no insurance. Pedestrians, bicyclists, and maybe even motorcyclists are entitled to Michigan no-fault benefits. These Michigan no-fault benefits include payment of medical expenses, lost wages, household replacement services, attendant care and mileage reimbursement for travel related to medical care.

In order to receive No Fault Benefits you must complete a written Application for Benefits and submit it to the proper insurance company within one year of the date of the accident. If you do not, you will not be entitled to No Fault Benefits. Also, all written claims for No Fault Benefits must be sent to the proper insurance company within one year of the date the expense was incurred. Again, if this is not done, you will be unable to receive these benefits. This can be a very confusing area of Michigan No Fault law. The legal professionals at the Law Offices of Joumana Kayrouz can answer your questions anytime, on the phone or via email.

There are too many examples to give here, but a free legal consultation will be provided to you. Call us today at 1.866.YOUR.RIGHTS or email for free answers to all of your questions.

Priority Of Michigan Auto Insurance Policies:

One rule that confuses many clients is that even if you are rear-ended or the accident is not your fault, you must still make a claim against your own insurance company. If you do not have insurance, then you must make a claim with the insurance company of a resident relative's policy, even if that person or that person's car had nothing to do with the accident. This is true for anyone involved in an accident, whether in a car, truck, or a person crossing the street. If you are driving your employer's car at the time, then your employer's insurance company must pay. This area can get very confusing, but we can help you figure out who is the proper insurer.

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Lost Wages or Earnings:

Work loss benefits are payable to an injured person for three years following an accident, covering 85% of the gross lost wages. The maximum benefit is raised each year.The No Fault insurance company will reimburse wage loss up to the monthly statutory maximum for 3 years after the accident. For 2009, the monthly maximum is $4878.00. A doctor's disability slip and proof that you were earning a wage are required. If you were still looking for work or were temporarily unemployed at the time of an accident, you will still be able to receive benefits. If your earnings exceed the statutory maximum, then additional wages lost can usually be collected from the negligent driver's automobile insurer.

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Replacement Services:

A person may obtain up to $20.00 per day in household replacement services. This benefit is paid during the first 3 years after the date of the accident. The usual household replacement services include cleaning, snow removal, lawn mowing, babysitting, grocery shopping, running errands, preparing meals, or anything around the home that the injured person used to do, but can no longer do because of the accident.

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No Fault Medical Benefits:

The Michigan No-Fault Law allows a person to obtain all allowable expenses, which is defined as "all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery or rehabilitation." These expenses usually include doctor bills, hospital bills, medication, medical equipment and rehabilitation expenses. A person seriously injured, such as a quadriplegic or paraplegic, may be entitled to additional benefits including modifications to a home or van for wheelchair accessibility. Michigan Attendant or aide care, provided by a loved one, neighbor or an outside agency, will be reimbursed at an hourly rate.

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Attendant Care Benefits:

Michigan Attendant Care Benefits are available for parties who have suffered a significant injury as a result of a car accident. When the party involved in an accident is unable to adequately care for themselves, a third party assistant may be hired to help during the injured party's time of need. The assistant chosen can be a husband or wife, child, neighbor, friend or professional. The No-Fault Insurance Company is financially responsible for the third party assistant. You will need a doctor's note and an affidavit from your caregiver to receive this benefit.

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Mileage Expenses:

Transportation expenses incurred for the purpose of obtaining medical treatment is also a benefit that can be recovered. Our office provides free forms to help you keep track of your mileage and reimbursement. Most of the time a standard mileage rate is paid by the insurance company generally between 14 and 37 cents per mile.

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Law Offices of Joumana B. Kayrouz P. L.L.C • Attorneys and Counselors at Law
1000 Town Center • Suite 780 • Southfield MI 48075
Office Hours: 1-866-662-9106 • After Hours: 1-866-YOUR-RIGHTS

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