Michigan laws provide for no-fault medical benefits, wage loss replacement, and replacement services. These are important provisions meant to ease the burden of anyone suffering an automobile accident in Michigan. Car accident lawyer Marc J. Shefman outlines the basic provisions of no-fault benefits.
No-Fault Insurance Benefits in Michigan
Michigan is a “no-fault” state, which means that no-fault insurance benefits are available under Michigan insurance laws. The law requires that every owner of a car must purchase basic car insurance coverages in order to get license plates. If you have an automobile accident, no-fault insurance provides:
- No-fault medical benefits for you and others in your family involved in the accident
- No-fault benefits for your loss of wages due to injuries sustained in the accident
- No-fault replacement services that cover routine household responsibilities
Two types of insurance claims can be filed to obtain no-fault insurance benefits: first party claims and third party claims. A first party insurance claim is filed with your own insurance company. A third party insurance claim is filed with the insurance company of another person or entity. Either insurance company provides no-fault benefits.
Michigan No-Fault Medical Benefits
The central and most important part of Michigan’s no-fault law is no-fault medical benefits. The law mandates that anyone injured in an automobile accident is entitled to receive unlimited medical care for life for injuries related to the accident. This includes hospitalizations and hospital care, surgical care, rehabilitation, physical therapy, and other medically necessary procedures and services. Unlike other no-fault states, in Michigan there is no annual limit or lifetime maximum for medical treatment by the insurance company.
Most no-fault policies are coordinated policies, meaning the automobile insurance company is responsible for paying no-fault medical benefits that a primary health insurer does not pay. In Michigan, if an automobile accident victim does not have health insurance, the automobile insurance company must pay all the medical expenses related to the accident.
There are some stipulations that must be followed regarding no-fault medical benefits:
- Medical services must be reasonably necessary for an injured person’s care, recovery or rehabilitation.
- The automobile insurance company is not responsible for treatment for injuries or other care not related to the accident.
- Medical charges must be reasonable and customary.
No-Fault Wage Loss Benefits
Under the Michigan no-fault law, an injured person is also entitled to reimbursement for lost wages resulting from the automobile accident. Victims can receive 85% of their gross wages for up to three years beginning from the date of the accident. There is a statutory maximum you can receive in lost wages in one month, and this number is adjusted annually. Wage loss includes:
- Your base salary
- Lost regular overtime
- Cost of living adjustments
Your no-fault automobile insurance company will require a wage, salary, and benefits verification form to process the wage loss claim. This form must be completed by your employer and include your dates of employment, dates absent from work following the accident, your hourly wage or salary, and other wage information such as overtime hours and overtime pay.
No-Fault Replacement Services
Michigan no-fault replacement services will pay up to $20 per day for any household services you cannot do because of your injuries and must hire someone else to perform. Replacement services will be covered for three years from the date of your accident. These services can be performed by family members or professional services and can include:
- Lawn and garden upkeep
- Car maintenance
- Investment income
- Meal preparation
- Driving family members to school/appointments
Marc J. Shefman – Michigan Car Accident Lawyer
Marc J. Shefman is an experienced no-fault insurance attorney who can help you be sure you are receiving all the no-fault medical benefits, wage loss benefits, and replacement services you deserve under the law. If you encounter problems obtaining your no-fault medical benefits or other benefits from an insurance company, your next option is to file a personal injury lawsuit against the person or entity responsible for the accident that caused your injuries.
Marc Shefman is a Michigan car accident lawyer and personal injury lawyer serving Metro Detroit, including Oakland, Lapeer, Livingston, St. Clair, Macomb, and Wayne, Genesee, and Washtenaw Counties. Call (248) 298-3003 or contact us online to arrange your free consultation to learn more about how to file a claim for no-fault medical benefits and other services.