Can An Illegal Alien Receive Michigan No-Fault benefits?

Written by Steven Matz on . Posted in .

“Can an illegal alien receive Michigan No-Fault benefits?”

It’s possible, if the person resides with a relative who has auto insurance (or if the “undocumented” person has obtained his or her own auto insurance). If a person is injured in a car accident in Michigan, as long as the person is not in an uninsured vehicle that he or she owns, the person is entitled to no-fault benefits whether the person is in the U.S. legally or not. The courts have ruled that the wording of the No-Fault Act does not exclude undocumented people from the list of people who can apply for no-fault medical benefits. If the legislature wanted to exclude undocumented people from the no-fault system, it would be free to do so, but it has not.

Of course, it is important to keep in mind that undocumented individuals may be detained or deported if they are identified, and that using false identification papers is a crime for citizens and undocumented persons alike, as is failing to report income or wages for tax purposes.

But the point of this entry is to answer the basic question of whether a person in the country illegally can claim no-fault benefits (for example to pay medical expenses) from the no-fault policy of a relative that person lives with in Michigan. And the answer to that question is “yes.”

Source: 272 Mich App 410

Written By Steven Matz

Steven J. Matz is a founding shareholder of Matz Injury Law. The firm’s concentration is on personal injury litigation, with an emphasis on traumatic brain injury. Mr. Matz earned a Bachelor of Arts degree with high distinction and highest honors in 1974 from the University of Michigan and a Juris Doctor degree in 1977 from The George Washington University National Law Center. Mr. Matz lectures and publishes in a number of areas, including ethics, marketing, trial tactics, and head injury. Mr. Matz has served on the Michigan Association for Justice Executive Board and currently serves the Michigan Attorney Discipline Board as a Hearing Panel Chairman and Master. He is also a member of the State Bar Committee for Character and Fitness.
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