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Is
Michigan a "No-Fault" state?
Yes.
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What
does "No-Fault" mean?
No fault refers to who would be responsible to pay first party
benefits. Thus fault is irrelevant for purposes of determining what
insurance company is responsible to pay for first party benefits.
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Can
I still collect for my injuries where the accident was someone else's
fault?
Yes, even though Michigan's system is "No-Fault", you
may be entitled to third party benefits for your pain and suffering
from the at fault driver (or their insurance company).
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What
are first party benefits?
First party benefits generally include, but are not limited to,
reasonable and necessary medical bills (including attendant care),
mileage to and from medical treatment facilities, replacement services,
and lost wages. It is important to determine if there are any other
sources for such payments that would be responsible to you before
the automobile insurance carrier. All expenses must be incurred
and timely submitted.
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What
does it mean that the "expenses must be incurred"?
You are only potentially entitled to expenses that have already
incurred. Thus an insurance company would not be responsible for
future expenses until they actually happen.
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What
does "timely submitted" mean?
All requests for first party benefits must be submitted to the
appropriate insurance carrier within one year from the date that
the expense is incurred.
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How
do I obtain my first party benefits?
First, you must determine which insurance company would be responsible
for these benefits; this company is said to be the highest order
of priority. This can be complicated and legal advice is highly
recommended. Once you know who is responsible for the first party
benefits, you must put them on notice of the accident and the resulting
injuries. Most companies require you to submit an application for
benefits.
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Is
there a time limit within which I must notify the insurance company
before I can obtain first party benefits?
Yes. You must properly notify the appropriate insurance carrier
before one year from the date of the accident.
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How
long am I entitled to first party benefits?
Assuming that your claim has properly been submitted, you could
be entitled to lifetime medical. You could also recover up to three
years of wage loss and replacement services.
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What
do third party benefits include?
Pain and suffering. This includes both mental and physical pain
and suffering.
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Who
would be responsible for payment of my pain and suffering?
Every case is very different. There could be one of many responsible
parties for such injuries.
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How
long do I have to pursue a claim for injuries sustained in an automobile
accident?
In Michigan, for adults, there is a three year statute of limitations.
This means that you have 3 years from the date of the accident to
resolve the claim or file a lawsuit. There could be significantly
shorter time periods in certain situations and legal advice is highly
recommended as soon as possible. Additionally, minors have until
one year after their 18th birthday to either resolve the claim or
file a lawsuit.
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If
the other driver was totally at fault, am I entitled money regardless
of injuries?
Not necessarily. In Michigan, before you can collect for your
injuries, there is a requirement that your injuries meet a certain
level or 'threshold". Assuming someone else was at fault, injuries
that exceed the threshold are compensable.
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How
is the "threshold" defined in Michigan?
For an injury to meet the Michigan threshold, the injury must
be "objectively manifested" and it must impair your ability
to lead your normal life.
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What
is "objective manifestation" of an injury?
Generally it is any injury that would be medically identifiable
by testing such as an xray, MRI, emg, etc.
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Do
my injuries meet the required threshold?
Since the courts interpret the definition of the threshold, and
since new cases are decided frequently, the interpretation of the
threshold changes regularly. As such, competent legal advice is
highly recommended.
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How
can I help verify whether my injuries meet the threshold?
If you or someone that you know was injured, you should immediately
seek proper medical attention. Also, since Michigan requires that
your injuries impair your ability to lead your normal life, keep
a list of activities that you cannot perform as a result of your
injuries (i.e. work, bathe, drive, household chores, social activities,
etc.).
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Does
the threshold apply to first party or no fault claims?
No.
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How
much are my injuries worth?
Every case is different. There are several factors that go into
establishing the value of the claim. As such, you should call our
office as shortly after the incident as possible to make sure that
the claim is properly handled from the beginning.
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Should
I make a statement to the at fault driver's insurance company if
they call?
Although every case is different, you should likely not make
a statement to any insurance representative without at least making
a call to an attorney first. Remember, at our office, the call is
free. You need to be sure that the situation is handled properly
from the beginning.
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