First Party No Fault Insurance Claims

Built into all Michigan automobile insurance policies is a form of health and/or lost earnings insurance coverage called Personal Injury Protection Benefits. This coverage is available to the insured driver and any passenger in the insured's vehicle for injuries sustained, regardless of fault. These are called "No-Fault" Benefits. You may be entitled to monies toward lost wages, medical expenses, medical mileage, household replacement services, and attendant care. You may also be entitled to survivor's lost benefits.

The Michigan No-Fault Statute sets forth very specific guidelines as to how and when no-fault benefits must be claimed, and similarly sets forth provisions for when benefits are due and payable by the insurance company. Generally speaking, an accident victim must give the insurance company affording them no-fault coverage written notice so as to be entitled to receive no-fault benefits. This written notice must be provided within one year of the date of the accident and must contain other specific information, including name, address, nature of the accident, information regarding the circumstances of the accident, and nature of the injuries. An application for benefits must be made within a year after the accident as stated.

Similarly, there is a one-year period of limitation once an application for benefits has been made. If a particular expense has not been paid by the no-fault insurance company, legal action must be filed within one year of the date the expense was incurred or payment for that particular expense may not be recoverable.

In light of the above, it is very important for victims of accidental injury to process their PIP claims timely and act on any non-payment in similar fashion. Of importance is the fact that when an insurer does not pay a claim within 30 days of receiving "reasonable proof of the fact and amount of the loss" the insurer is obligated to pay penalty interest at the rate of 12% per annum.

We at Goodman Acker, P.C., are ready, willing, and able to assist you in processing your claim for personal injury protection benefits and can assist you in preparing the necessary paperwork which is sometimes confusing. We can also assist you in making sure your benefits are paid timely to you and the service providers that have assisted you. Where that does not occur, we are well versed in taking necessary enforcement measures on your behalf, including the initiation of suit against the insurance company, for failure to pay no-fault benefits due and owing. When that occurs, we will not only seek the full payment of all benefits which you are entitled under Michigan Law, but also interest, penalty interest, and attorney fees wrongfully incurred.

We invite you to call us where one of our experienced staff members will take the necessary time to explain to you the full extent of benefits you may be entitled to under Michigan Law and provide you with any necessary assistance in obtaining payment.

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