Macomb Law Group, Auto Insurance Attorneys in Metro Detroit
You have the right to auto insurance benefits after an auto accident. Michigan’s No-Fault Act lays out what you can expect, and what you have to do to get it. If your insurer denies your auto insurance claims or doesn’t follow the law or your policy, the Macomb Law Group can help you fight for the auto insurance benefits you are entitled to.
Auto Insurance Claims Benefits Under the Michigan No-Fault Act
Michigan’s No-Fault Law provides injured motorists extremely valuable benefits following motor vehicle accidents. The economic benefits – things you have paid for or bills that you owe that are reasonably necessary because of your injuries – include:
The medical expenses provision requires your auto insurance provider to pay for all medical expenses you incur because of your injuries. Your insurance policy may be “coordinated” with your health insurance, or “uncoordinated.” If you have coordinated coverage, your auto insurance policy will pay all expenses not covered by your basic health insurance. With uncoordinated coverage, your auto insurance provider pays all medical expenses incurred, even those normally paid by a health insurance provider.
Part of the medical expenses provision covers reimbursement for transportation expenses including mileage to and from doctors, hospitals, or rehabilitation clinics. If you don’t drive, this can include bus fare or taxi fare. To collect these auto insurance claim benefits, you will need to keep a complete record of all your mileage expenses and submit them to the insurance company along with your other medical bills.
The medical expenses provision also includes attendant care services. If you require one-on-one supervision or assistance with your day-to-day needs due to an automobile accident, you are entitled to have attendant care services paid for. (This is different than replacement services benefits which are explained below.) You can receive no-fault auto insurance claims benefits for attendant care provided by a family member or professional service. It may be as little as an hour or two a week, or as much as 24/7, 365 days a year, depending on how severe the injuries are.
If you had to miss work because of your injuries after an auto accident, the wage loss provision requires your insurance provider to pay you auto insurance claim benefits. These benefits will reimburse you for 85% of any actual lost wages, up to a statutory monthly maximum (Currently $5,541 per single 30-day period from October 1, 2017 through September 30, 2018) which is adjusted every year.
Your auto insurance claim also entitles you to up to $20.00 a day according to the replacement services provision of the No-Fault Act. This covers any chore services you did before the accident, but are medically unable to do now because of your injuries. These benefits allow you to hire someone else to do them for you. This provision should be used with caution, as abuse of it may affect your ability to receive medical treatment.
Receiving Auto Insurance Claim Benefits
Under the Michigan No-Fault Act, the Medical Expense Provision is a lifetime benefit, but wage loss and replacement services are only payable for 3 years from the date of the accident. To secure these benefits, there are some important things you must do.
First, you must immediately file a No-Fault Application with the applicable insurance carrier. This auto insurance claim must be filed within 12 months of the date of the accident, or you will forever lose any right to receive benefits.
Secondly, if your insurance provider denies any part of your auto insurance claim, you must file a lawsuit to recover that particular item within twelve (12) months of incurring the expense, or forever lose the claim.
When to Contact an Auto Insurance Claims Attorney
Remember you do not have to hire an attorney to get your benefits unless your insurance company has refused to pay for them. Don’t pay a percentage of your benefits to a lawyer when the insurance company is paying them voluntarily.
The auto insurance claims process can seem complicated. The No-Fault Act can be difficult to understand. It is important to remember you must file a No-Fault Application immediately. If, after a reasonable period of time, you have trouble with your insurance provider, the Macomb Law Group can help you get the benefits you deserve. Contact the Macomb Law Group for a free consultation, and let us get to work for you.