Are you struggling to get the benefits you need and deserve after a car accident in St. Joseph, Michigan? Call Southwest Michigan Injury Lawyers for a free consultation at (269) 529-9377. Our trusted Michigan no-fault insurance lawyers can help ensure that you take appropriate legal action and are set up for success from the start.
You can count on our legal team to help you make the most of your claim. Our trial attorneys have 25 years of combined experience and have already won tens of millions of dollars on behalf of our clients. We’ll work just as hard to help you with your case if you decide to hire us.
Call today or send us a message online to get started. We’re ready to go to bat for you throughout the entire legal process.
Why Hire Southwest Michigan Injury Lawyers for My No-Fault Insurance Claim?
Michigan’s no-fault insurance laws are among the most complex in the entire country. Recent reforms made things even more complicated by introducing tiered PIP coverage levels, new fee schedules for medical providers, and limits on attendant care benefits. For most accident victims, sorting through these layers without legal help means leaving money on the table. Southwest Michigan Injury Lawyers focuses on helping people in exactly this situation.
When you work with our team in St. Joseph, MI, you’ll benefit from:
- A quarter century of combined civil litigation experience
- A track record of tens of millions recovered for accident victims across the region
- A thorough review of your PIP coverage level and how it applies to your specific injuries
- Direct handling of all communications with insurance adjusters so that you can focus on recovering
- Aggressive pursuit of both no-fault benefits and third-party tort claims when your injuries warrant it
Contact our St. Joseph personal injury attorneys today to learn more about what you should do next. We’ll be able to fill you in on your legal rights and options during your free case review.
How Does Michigan’s No-Fault Insurance System Work?
Michigan operates under a no-fault auto insurance model, which works differently from the systems most other states use. Instead of filing a claim against the driver who caused the crash for medical bills and wage loss, most Michigan residents turn to their own insurance policy for these benefits first. Your Personal Injury Protection benefits kick in regardless of who was at fault.
PIP benefits in Michigan may include:
- Medical expenses related to the accident
- Up to 85% of your lost wages for up to three years, subject to the statutory monthly maximum
- Replacement services like housework and yard care, up to $20 per day
- Funeral and burial costs in fatal accidents
These benefits are powerful, but they are not unlimited for everyone. The PIP coverage level you chose on your policy determines how much your insurer will pay before your benefits run out. If your coverage is capped and your injuries are severe, you could be left with significant bills that PIP will not cover.
How the 2019 Reforms Changed Your No-Fault Coverage in Michigan
Before 2019, every driver in Michigan was required to carry unlimited lifetime PIP medical coverage. That guarantee made Michigan’s system one of the strongest in the nation for accident victims, but it also drove insurance premiums to some of the highest in the country. The 2019 reforms, signed into law as Public Acts 21 and 22, overhauled the system by giving drivers a choice of coverage levels.
The PIP options currently available to Michigan drivers are:
- Unlimited medical coverage
- $500,000 in medical benefits per person, per accident
- $250,000 in medical benefits per person, per accident
- $250,000 in medical benefits with exclusions for eligible drivers with qualifying health coverage
- $50,000 in medical benefits, available to eligible drivers enrolled in Medicaid
- No PIP medical coverage, available to eligible drivers enrolled in Medicare Parts A and B
If you did not actively select a coverage level when your policy renewed after July 1, 2020, your plan defaulted to unlimited PIP. However, many drivers chose a lower tier to save on premiums without fully understanding the risk.
If your medical costs exceed your selected coverage limit after a serious crash, you may be responsible for the difference unless you have qualifying health insurance or can recover the excess through a lawsuit against the at-fault driver.
When Can I File a Claim Against the Other Driver in Michigan?
Michigan’s no-fault system often handles most of the immediate financial fallout from an accident through your own PIP benefits. However, PIP does not compensate you for non-economic damages like pain and suffering, and may not cover all of your financial expenses in severe cases either. To pursue those kinds of losses, you need to file what is known as a third-party tort claim against the driver who caused the crash.
Michigan law restricts when you can do this, and to varying degrees. For example, under MCL 500.3135, you must demonstrate that your injuries meet at least one of the following thresholds to file a claim for non-economic damages:
- Serious impairment of body function, meaning an objectively verifiable injury that affects an important body function and has altered your ability to live your normal life
- Permanent serious disfigurement, such as significant scarring or visible physical changes that a casual observer would notice
- Death, in which case surviving family members may pursue a wrongful death lawsuit
Our no-fault insurance attorneys can help you determine your best plan of action when we meet to review your case.
What Kinds of Damages Can I Recover in a Michigan Car Accident Case?
Your PIP benefits may cover the immediate financial losses we outlined above, depending on your insurance coverage. However, if your injuries meet the serious impairment threshold, a third-party lawsuit against the at-fault driver opens the door to compensation that PIP does not provide.
Damages in a third-party tort claim may include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
- Loss of companionship
- Financial costs that exceed your PIP limit
Note that there is also the mini-tort provision, which allows you to recover up to $3,000 from an at-fault driver for vehicle damage that your own insurance does not cover.
How Much Does It Cost To Hire a No-Fault Insurance Lawyer in Michigan?
Our St. Joseph personal injury lawyers handle no-fault and auto accident cases on a contingency fee basis. You will not owe us anything in terms of attorney’s fees unless we recover benefits or compensation on your behalf. There are no retainers or hourly rates to worry about as your case moves forward.
This means you can get experienced legal representation without worrying about how to pay for it during a time when money is already tight.
How Much Is My Michigan No-Fault Claim Worth?
The value of your case hinges on several factors that are unique to your circumstances. No-fault claims are particularly difficult to generalize because the answer depends on both your injuries and losses and the type of no-fault coverage you selected.
Some of the variables our attorneys will evaluate include:
- Your PIP coverage level and how much of it has already been used
- The amount of your medical bills
- How long you have been off work
- The degree of your injuries and your treatment needs
- How your injuries have affected your ability to work and live day to day
- The degree to which your medical providers attribute your injuries and treatment to the crash
We can provide you with more personalized insight into your case’s value during your free consultation.
How Long Do I Have To File a No-Fault Claim in Michigan?
For a third-party tort lawsuit against the at-fault driver, the statute of limitations is generally three years from the date of the accident under MCL 600.5805.
There is also a one-year time limit to make a no-fault claim to the correct no-fault insurance company. If a claim is not submitted to the correct no-fault insurance company within a year of the crash, the crash victim forfeits all no-fault benefits.
For PIP benefits, there is a separate rule that catches many people off guard. Per MCL 500.3145, known as the one-year-back rule, Michigan law places important time limits on when you can seek PIP benefits and may limit your ability to recover benefits for losses that occurred too far in the past.
These overlapping deadlines make early legal involvement critical. The longer you wait, the more benefits you risk forfeiting.
Contact Our Michigan No-Fault Insurance Attorneys To Schedule a Free Consultation
Michigan’s no-fault system was designed to help accident victims, but the reality is that insurance companies routinely use its complexity to limit what they pay. Southwest Michigan Injury Lawyers can step in and fight for the full scope of what you are entitled to in St. Joseph, MI.
Contact our Michigan no-fault insurance attorneys today for a free consultation. We’ll make it our primary objective to put as much compensation into your pocket as possible.
