Michigan’s no-fault insurance system directs how car accident claims are handled in this state. Instead of relying on the at-fault driver’s insurer to pay, your own policy is expected to cover your medical care, lost wages, and related expenses. While that sounds straightforward, changes to Michigan’s no-fault law have limited coverage in some situations and left people uncertain about what benefits are available.
If you’ve been in a motor vehicle accident, you’ll soon realize that auto insurance companies don’t always make the claims process easy. They may deny treatment, dispute medical bills, or question your wage loss claim. When that happens, you need a Michigan no-fault lawyer who can push back and protect your rights. At Conybeare Injury and Accident Lawyers, we represent clients throughout Kalamazoo County, Berrien County, Cass County, Van Buren County, and West Michigan.
Why Hire Our Michigan No-Fault Lawyers?
After a car crash, you expect your no-fault insurance to cover your medical care, wage loss, and any support services you may need. Unfortunately, many insurance companies use delays, denials, or restrictive interpretations of the law to limit what they pay. By working with our Michigan no-fault lawyers, you gain a legal team that knows how to challenge insurers, enforce your rights under the law, and pursue the full benefits you’re entitled to receive.
- Proven Experience: Our personal injury attorneys have decades of combined experience handling Michigan no-fault claims. We’ve represented clients across the state and have seen how insurers try to limit benefits. With this background, we prepare claims thoroughly, present strong evidence, and use Michigan law to challenge tactics that insurers rely on to avoid paying.
- Aggressive Advocacy: Auto insurance carriers frequently rely on complex policies and technical arguments to reduce benefits. At our law firm, we take a proactive approach in negotiations and, when required, litigate cases in court. Our goal is to secure every benefit the law provides, including those that insurers are reluctant to pay.
- Client-Centric Representation: Simply put, you matter to us. Our personal injury attorneys take time to understand and document how your injuries impact your health, income, and family life. This allows us to present a full and accurate picture of your needs when pursuing auto insurance benefits.
- Clear Communication: A personal injury claim and lawsuit can be stressful when you don’t know what’s happening. We keep you informed, explain each development in plain language, and answer your questions promptly. You’re never left wondering where things stand.
- Contingency Fee Promise: Access to legal representation shouldn’t depend on your ability to pay upfront. Our personal injury law firm works on a contingency fee basis, which means our payment comes only from a successful recovery. This arrangement lets you pursue your claim without taking on additional financial risk.
- Recognition and Results: Our car accident attorneys have been consistently recognized by professional organizations and peers within the legal field. Beyond awards, our history of successful outcomes shows that we’ve delivered results for clients facing challenges with no-fault insurers.
What Is Michigan’s No-Fault Law?
Michigan is one of several states that follow a no-fault system for auto accidents. Under this law, your own insurer is generally responsible for paying certain benefits after a crash, regardless of who caused it. The idea is to provide injured people with quicker access to medical treatment and wage replacement while avoiding long disputes over fault.
In 2019, Michigan passed major changes under Public Acts 21 and 22, which took effect as policies issued or renewed after July 1, 2020. These changes gave drivers more choices in medical coverage levels. You now pick between limits of $50,000 (for Medicaid recipients), $250,000, $500,000, or unlimited. If you’re on Medicare or have qualified health insurance, then you may even opt out of medical coverage entirely.
The changes to the law also introduced financial schedules for medical care. Starting July 1, 2021, insurers must adhere to a Medicare-based fee schedule, paying providers between 190 % and 200 % of Medicare rates. Additionally, in-home family-provided attendant care services are now limited to 56 hours per week, down from previously unlimited hours
The 2019 legal changes also altered liability requirements and recovery rights. Beginning July 2, 2020, drivers must carry minimum bodily injury liability limits of $250,000 per person and $500,000 per accident, though lower limits ($50,000/$100,000) remain an option. The system also raised the mini-tort limit for vehicle damage claims to $3,000. If your medical bills exceed your chosen Personal Injury Protection (PIP) limit, you can sue the at-fault driver for the excess costs – known as “excess medical expenses.”
What Benefits Does Michigan No-Fault Insurance Cover?
Michigan’s no-fault insurance law provides several types of benefits to people injured in motor vehicle accidents. These benefits are meant to cover immediate and long-term needs so you can recover without carrying the financial impact yourself. The type and amount of coverage depend on the policy you purchased and how the insurance company handles your claim.
- Medical Expenses and Rehabilitation: No-fault insurance can cover medical care related to the accident, including hospital visits, surgery, medications, and physical therapy. Rehabilitation services, such as occupational or speech therapy, are also included when they’re needed for recovery.
- Lost Wages and Replacement Services: If your injuries prevent you from working, no-fault insurance can pay a portion of your lost income. These payments are usually based on a percentage of your gross wages for a set period of time. In addition, the insurance policy may cover replacement services, which help pay for household services you can’t complete, such as childcare, cleaning, or meal preparation.
- Attendant Care and Long-Term Support: For people with serious injuries, no-fault insurance can provide payment for attendant care. This includes in-home assistance with daily activities such as bathing, mobility, or feeding. Family members who provide this care may qualify for reimbursement, though insurance providers sometimes challenge the amount or type of care provided.
Common Problems With Michigan No-Fault Insurance
No-fault insurance is meant to protect you after a crash, but many people find the system difficult to manage. Insurance providers don’t always pay benefits quickly or fully, leaving auto accident victims to chase payments while they’re already dealing with the crash-related injuries. When this happens, the support you expected from your policy may fall short, creating unnecessary stress and financial pressure.
Denied or Delayed Claims
Insurance companies sometimes deny claims outright, saying the treatment isn’t related to the accident or isn’t reasonable overall. They may also question whether certain services, such as long-term therapy, or in-home care, are necessary. Even when claims are approved, payments can be delayed for weeks or months, leaving you to cover costs upfront. These tactics can interrupt your care and make it harder to recover.
Disputes Over Coverage Levels
Michigan drivers can now choose from several levels of medical coverage under their no-fault policies. This change has created more disputes between drivers and insurers, especially when medical bills reach policy limits. Insurers may argue that your treatment exceeds the coverage you purchased or falls outside what the policy allows. These disputes can leave you responsible for large balances that should have been handled by insurance.
Coordination With Health Insurance
If you carry both no-fault and health insurance, the two insurers may argue about which one should pay first. This overlap can cause delays in treatment approval, unpaid hospital bills, and confusion for providers. In some cases, you may receive collection notices while the insurers continue their dispute. A personal injury lawyer can help you sort out responsibility and ensure your bills are paid without further delay.
Why You May Need a Michigan No-Fault Lawyer
After a car accident, you expect your no-fault insurance to provide the support promised under your policy. Unfortunately, as you’ve already seen, insurers can go to great lengths to avoid paying benefits, especially in higher-value claims involving spinal cord injuries, traumatic brain injuries, and permanent disability.
A Michigan no-fault lawyer will insist on a full and fair auto accident settlement for you. For example, insurance companies frequently employ adjusters, medical providers, and legal teams to protect their bottom line. Without representation, you may find yourself pressured into accepting less than what your policy provides. A lawyer can challenge denied claims, gather evidence that supports your need for treatment, and negotiate directly with insurers so you don’t have to.
Having an attorney also protects you from missing important deadlines. Michigan law includes a one-year notice rule, which requires you to notify your insurer of the claim within one year of the crash. It also has a one-year back rule, which means you must file suit for each unpaid expense within one year of the date it was incurred unless it has been submitted to the no-fault carrier and is under review. Missing these deadlines can prevent you from recovering benefits. A personal injury lawyer will make sure your insurance claim is filed on time so benefits aren’t lost.
Filing a No-Fault Claim in Michigan
Filing a no-fault claim isn’t as simple as completing a form and waiting for payment. Michigan law requires strict compliance with reporting rules, deadlines, and documentation. If these steps aren’t followed correctly, insurers may use that as a reason to deny benefits. Here’s how the process works:
- Report the Accident Promptly: Notify your insurer right away after the crash. Provide basic details such as the date, location, injuries, and medical providers. Early reporting documents the event and shows that you intend to claim benefits. Delays can raise questions that insurers use to slow down or dispute your claim.
- File the Application for No-Fault Benefits: Sometimes called the “written notice of injury,” this formal document starts your claim. The application, which must be filed within one year of the accident, outlines your injuries, the treatment you’ve received, and the benefits you’re requesting.
- Gather and Submit Documentation: Insurers require proof to support every benefit claimed. Medical records, hospital bills, and rehabilitation reports show the extent of your injuries. Similarly, employer statements, wage stubs, and tax returns establish your income before the accident and confirm your wage loss.
- Track Deadlines for Each Expense: Michigan’s one-year back rule requires you to claim reimbursement for each unpaid expense within one year of the date it was incurred.
- Respond to Insurer Requests Carefully: Insurance companies may ask you for more information, schedule medical examinations, or request sworn statements. Some of these requests are permitted under Michigan law, but others may be excessive or aimed at reducing your benefits. A Michigan no-fault lawyer can help ensure you respond only to what the law requires while protecting you from unnecessary or improper demands.
What If Your No-Fault Benefits Are Denied?
Insurers deny benefits for many reasons that range from questions about medical necessity to disputes over policy limits. Some denials are based on technicalities, such as missed paperwork or filing errors, while others are the result of the insurer’s interpretation of the law. Whatever the reason, a denial can be a distressing setback.
When this happens, you have the right to challenge the insurer’s decision. A personal injury attorney can review the denial letter and determine if the decision violates Michigan’s no-fault law. In many cases, denials can be overturned by presenting strong medical evidence, correcting filing issues, or proving that the benefits fall within the scope of your policy.
If the insurer refuses to reconsider, the next step is legal action. This involves filing a lawsuit to enforce your rights and recover the benefits owed under your policy. Litigation can be complicated and time-consuming, but it provides a way to hold insurers accountable when they refuse to pay voluntarily.
How Michigan’s No-Fault Law Affects Lawsuits Against Other Drivers
Michigan’s no-fault system limits your ability to sue another driver after a crash. Because your own insurer pays most benefits, lawsuits against the at-fault driver are only allowed in certain situations. This rule was created to reduce court cases and keep minor accidents from leading to litigation.
You may bring a claim against the other driver if your injuries meet what the law calls a “serious impairment of body function.” This typically means your injuries must interfere with your ability to live your normal life. Meeting this threshold allows you to seek damages for pain and suffering, which are not covered by no-fault benefits.
In addition, lawsuits are possible in cases involving death or dismemberment. This means that families may bring a wrongful death claim to recover compensation for medical expenses, funeral costs, and loss of love, society, and companionship. Catastrophic injuries that permanently change a person’s life can also open the door to damages that no-fault insurance doesn’t cover.
Another area where lawsuits arise is uninsured and underinsured motorist claims. If the at-fault driver doesn’t have insurance or carries too little coverage, you may pursue compensation under your own uninsured/underinsured motorist policy. In some situations, a direct lawsuit against the uninsured driver is also possible, though recovery can be difficult if that person has limited assets.
Speak to a Michigan No-Fault Lawyer Now
Michigan’s no-fault insurance laws were created to provide quick access to medical care, wage replacement, and other benefits after an auto accident. The 2019 amendments to the no-fault law changed how the law works, and many drivers now face confusing choices and unexpected limits in their insurance coverage.
At Conybeare Injury and Accident Lawyers, our attorneys know how to enforce no-fault rights and secure the benefits you’re entitled to. We review your policy, explain your options, and challenge insurers when they fail to pay fairly. With our contingency fee promise, you don’t pay us unless we recover compensation for you. To schedule your free initial consultation with our Michigan no-fault lawyers, call our law firm at 269-769-BEAR or fill out this contact form. Remember: if it’s not fair, call the Bear!
