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Article Directory :: Legal Articles
If you have been injured in an automobile accident in Michigan, you will generally be entitled to no-fault insurance benefits. Benefits are available to injured drivers, passengers, pedestrians, and bicyclists. Motorcyclists are also often entitled to no-fault insurance benefits.
No-fault benefits are payable regardless of who was at fault in the accident. Also, many auto accident injury victims are entitled to receive these great benefits even if the victim did not own a car or have an auto no-fault insurance policy. Many times, a claim for benefits can be made through another driver's insurance company, a family member's insurance company, or through the Michigan Assigned Claims Facility.
These benefits extend to Michigan motorists traveling outside the state as long as they are in the United States, its territories, or Canada. Also, out of state motorists involved in car accidents in Michigan can often receive no-fault insurance benefits even if they did not have a Michigan auto insurance policy.
A person who is entitled to receive no-fault insurance benefits has a number of benefits that can be received for accident related injuries. In fact, a person who is injured while entering or exiting a vehicle or a person who is injured while performing maintenance or repairs on a vehicle can also receive these benefits.
Benefits include:
Medical expenses- include all expenses reasonably necessary for your "care,recovery, or rehabilitation." This means that your no-fault insurer must pay for all hospital and doctor services, medicines, orthopedic devices, prescriptions, and other medically necessary equipment. Other benefits include home modifications, medical mileage expenses, and van modifications.
Attendant Care expenses- in some instances, and depending on the severity of your injury, private nursing care during the period of recovery at home. These payments can be made to a professional staffing agency or a family member providing these services to the accident victim. Family members who provide practical nursing services such as supervision, bathing, assisting with exercise, administering medication, etc., are entitled to be compensated by your no-fault carrier at a reasonable market rate for their services.
Wage loss - must be paid by your insurance company for up to three (3) years from the date of your accident if you have missed work because of your injury. You can receive 85% of your gross wages. If you were temporarily unemployed or seeking employment at the time of the accident, you can also receive these benefits.
Replacement services benefits - are payable at a rate of up to $20 per day for the cost of obtaining ordinary and necessary services in place of those that the injured person would have performed were it not for the accident. This benefit, which is payable for three (3) years from the date of the accident, is intended to cover the cost of household chores such as yard maintenance,meal preparation, cleaning, laundry, and simple household maintenance.
Survivor's loss benefits - are payable to the dependents of a person fatally injured as a result of an automobile accident. These benefits are intended to replace the contribution of tangible things of economic value the dependents would have received from the deceased had he or she not been fatally injured.
Funeral and burial expense benefits - are payable in an amount of not less than $1,750 but not more than $5,000. If you were injured in a Michigan car accident or are a Michigan resident that was injured while travelling outside of Michigan, you should do the following as soon as possible after the accident:
1. Consult an experienced Michigan no-fault insurance and car accident attorney about your rights to bring a claim against the negligent driver who caused the accident. Such a claim would seek compensation for damages not covered by your no-fault insurance and would include such things as excess wage loss, compensation for pain and suffering, disability, etc.
2. File an application for no-fault benefits with your insurance company. It is important to file this application promptly. If you did not have your own policy, you should contact a lawyer immediately so that a determination can be made regarding which insurance company must pay your claims. If you wait more than one year from the date of the accident before providing your company with written notice, your claim will be barred by law. (i.e., there is a one (1) year statute of limitation on this type of claim.)
3. Write the date of your correspondence on every letter you send to your insurance company and keep a copy for your records. Be sure to include your name, claim number, and date of the accident. You should also track your out-of-pocket expenses and keep all of your receipts. You should also make a diary of all of your medical appointments and keep a log of all services performed on your behalf by others.
Michigan no-fault insurance benefits are amongst the best in the United States for victims of car, motorcycle, and other accidents. It is essential that any accident victim understand these benefits to prevent the insurance company from improperly denying or underpaying benefits. It is also important that the injury victim properly document all expenses, charges, and services related to the injuries. This is the best way to guarantee that the insurance company will pay all benefits under the law.
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