|
Automobile and Premise Liability Expert Center
If you have been injured in an auto, truck, commercial vehicle or motorcycle accident we can help. You may be entitled to both economic and non-economic benefits as follows:
Economic / First Party Benefits
Under the Michigan No-Fault Insurance Act, one possible recovery for injuries sustained in a car accident is the no-fault insurance benefit, or legally known as personal protection benefits (PIP).
This is the economic claim and are always paid regardless of who was at fault for the car accident. Generally, your own auto insurance company will pay for these benefits. No-fault insurance benefits are also available to pedestrians, bicyclists and others in addition to drivers and those who occupy a motor vehicle. There is a one (1) year statute of limitations on these benefits.
Non-Economic Pain & Suffering / Third Party Benefits
In Michigan, pursuant to M.C.L. 500.3135, an accident victim can pursue tort liability for certain types of damages against the “at-fault” party. These damages are for non-economic losses. Under this Section, you cannot sue someone for non-economic damages that arise out of the use of a motor vehicle unless you, as the injured victim, suffered a threshold injury, which is either death, a serious impairment of body function or permanent serious disfigurement. There is a three (3) year statute of limitations on these benefits.
Personal Property Benefits
Michigan Personal Property Protection benefits (PPI) are a third type of recovery that accident victims can recover. However, personal property protection benefits, unlike no-fault benefits, are only recoverable for accidental property damage not accidental bodily injury. Whereas no-fault benefits are paid by your own no-fault insurance company, PPI benefits, on the other hand, are paid by the insurance company that insures the motor vehicle involved in causing damage to your property. Also, PPI benefits are paid regardless of fault.
Motorcycle Accidents
A common question that Michigan motorcycle riders have after an accident is, "Whose insurance pays my medical bills and wage loss?" Michigan motorcycles are treated differently than cars or trucks. If you are in an accident in Michigan with another vehicle while riding your motorcycle, and your motorcycle has the requisite "personal liability and property damage" PLPD insurance, then the following is the order of priority as to who would pay Michigan's no-fault benefits:
1. The insurer of the owner/registrant of the motor vehicle involved in the accident
2. The insurer of the operator of the motor vehicle involved in the accident.
3. The insurer of the of the operator of the motorcycle involved in the accident. (That is, the insurance company who insures the operators car or trucks, even though not involved in the accident)
4. The insurer of the owner/registrant of the motorcycle involved in the accident if different from the driver/operator. (That is, the insurance company who insures the owner of the motorcycles car or truck, even if it has nothing to do with the accident)
Owners or drivers of an uninsured motorcycle cannot make claims for economic benefits. If the car involved in the accident was not insured, responsibility rests with: 1) the insurance company of the operator of the motorcycle, and the 2) the insurance company of the owner of the motorcycle.
If none of the above applies, the Michigan Assigned Claims Facility may provide coverage.
Shortcuts to Expert Centers:
First Party (PIP) Center
Third Party Negligence Center
Uninsured and Underinsured Center
Premises Slip & Fall Center
|
Contact Us
Printer Friendly
E-mail This Page