Recent Blog Post

Michigan No-Fault Laws and Most Common Questions Answered

WRITTEN BY:
Steven Matz
April 7, 2022 | No-Fault and Uninsured Motorist

Key Takeaways:

  • Michigan is a no-fault state, meaning your insurance company will pay for your damages after a car accident.
  • A reform to the Michigan no-fault laws was signed in 2019 and took effect on July 1, 2020.
  • The reform also affects how much compensation you must carry under your personal injury protection insurance.
  • No-fault insurance covers medical care, lost wages, nursing care, damages to other people’s property, and more.
  • Securing compensation for non-economic damages, like pain and suffering, can be difficult in Michigan, which is why we suggest hiring a lawyer immediately after an accident.
  • Matz Injury Law has won over $300 million in settlements for our clients. Our legal team can provide you with unwavering support today.

Getting into a multiple-person car accident can be a troubling time. You may not know how to approach the insurance company after a car accident. Fortunately, the at-fault laws in Michigan seek to help victims of car accidents. Matz Injury Law is here to help you when it comes to dealing with car insurance companies. Call us at 1-866-22Not33 or use our contact page to get help with your claim.

What Does It Mean for Michigan to Be a No-Fault State?

When you are involved in an auto accident, you need to understand the options you have to get compensation for that crash. In the state of Michigan, laws favor injured parties by making it easy for most people to get compensation for their injuries, regardless of who is at fault for the accident. This policy protects against uninsured drivers or unnecessary delays in determining who is at fault.

Michigan’s car accident laws are considered no-fault laws. As a no-fault state Michigan requires its drivers to have insurance to cover their own injuries and damages in a car crash, regardless of who is the at-fault driver.

Michigan no-fault laws apply to car accidents, not other types of accident claims. Because of this law, you must carry personal injury protection insurance or PIP. If you crash, you turn your damages into your insurance company who will pay for your injuries and any damages you caused to the property of others.

While this may seem backward, because your insurance pays for damages you did not cause in an auto accident, it actually provides quite a bit of protection for you. It also means you get even more for the premiums you pay for your auto insurance policy, because it may eventually pay for your injuries in a crash even if you are the at-fault driver.

Were You Recently Injured in a Car Accident?
Win Compensation and KEEP MORE Money with Matz

The no-fault system in Michigan has developed many flaws that lead to delays, denials of claims, and lawsuits over non-payment of benefits to victims who thought that they were 100% covered automatically by their own auto policies. Attorneys who practice in the auto law field in Michigan spend much of their time in negotiation with no-fault carriers who use the limitations in the no-fault system as a way to try to avoid paying benefits that are being claimed by policyholders.

Michigan No-Fault Insurance Priority List

The system is called a “priority” list that works something like a ladder, starting at the top rung and moving downward. Here is the priority system if you were in a motor vehicle (not including a motorcycle) when you were injured in a collision–even a one-car incident, or one where you were driving but were at fault:

  • Highest priority: your own car insurance, even if you were a passenger; if you didn’t have car insurance, and were in your car when a crash occurred, you are disqualified from the no-fault system and can’t get any of the benefits discussed above
  • Second priority: the auto insurance in force on the date of the accident that applies to any relative you live with; it doesn’t matter whether you are listed on the policy–the no-fault coverage applies to any relative in your household who doesn’t have their own auto insurance;
  • Third priority: the auto insurance covering the owner of the vehicle you were in (if that’s not you, or a resident relative);
  • Fourth priority: the auto insurance covering the driver of the vehicle you were in (if that’s not the person in one of the first three priorities);
  • Fifth priority: Michigan Assigned Claims Plan–the State of Michigan will appoint an insurance company to provide your no-fault benefits if none of the first four priorities have insurance, so long as you were not occupying an uninsured vehicle that you owned.

The good news is that you will qualify for no-fault coverage for medical, wage reimbursement, medical mileage, household chore assistance, and attendant care (family member providing assistance to a seriously injured person) if you were in a motor vehicle and got hurt by a collision, whether you were a passenger or the driver, without regard to who caused the collision.

The bad news is that you cannot get no-fault coverage if you were in your own uninsured vehicle when the collision happened.

Please keep in mind that “qualifying” for benefits is just the first step. There are procedures that you must follow to satisfy the insurance company that you are entitled to the benefits. These procedures must be followed, and kept current, in order for you to receive the benefits that may be due to you.

Also, remember that the rules for motorcyclists are different from those of other drivers.

What Is the Difference Between No-Fault and Fault States?

How do at-fault and no-fault states differ when a car crash occurs? In a no-fault state, like Michigan, your insurance coverage will cover your own injuries and medical bills under a personal injury protection policy. The no-fault state laws make this insurance coverage a requirement to drive in the state.

In contrast, in at-fault states, the driver responsible for an accident due to negligence or impairment covers the medical costs. Compensation for the injured party may be delayed until fault is legally established, with some states assigning a portion of medical costs based on shared fault in the accident.

Why Does Michigan Have No-Fault Insurance?

Why do some states, such as Michigan, have “No-Fault” auto insurance, while others don’t?

In the past, Michigan had a tort liability system in place for car accidents. This system required drivers to carry liability insurance. If they were in an accident that caused injuries to others, their insurance would pay if they were at fault.

Michigan’s no-fault insurance law was unique among the states. It actually required drivers to purchase unlimited lifetime coverage for medical expenses from motor vehicle accidents through the Michigan Catastrophic Claims Association (MCCA).

In 2020, the reform was enacted for Michigan’s no-fault laws. The legislature recognized that having PIP benefits on someone’s own insurance helps ensure that injured parties get medical coverage as quickly as possible. This new auto insurance law eliminated the fault system and flipped the responsibility around, also eliminating the requirement to buy coverage through the MCCA.

With this insurance reform, Michigan became a no-fault state because lawmakers found that the tort liability system was hurting motorists and accident victims. Under the new law, these medical expenses are the responsibility of your insurance provider, even if the other driver was fully at fault.

Other Changes to Michigan’s No-Fault Insurance Laws

On May 30, 2019, Governor Whitmer signed a law reforming no-fault auto insurance. This law aims to lower insurance costs for Michigan drivers, ensure a range of insurance coverage choices, and enhance protections for consumers. Yet, there are some stipulations to note:

  • Effective date: The modifications to Michigan’s no-fault auto insurance law won’t affect people who were injured prior to the new legislation.
  • Bodily injury liability insurance: Drivers must have bodily injury liability insurance covering at least $250,000 per person, $500,000 per accident, and $10,000 for property damage. However, the law allows drivers to opt for lower limits of $50,000 and $100,000.
  • PIP insurance: Under the new law, drivers can now choose between continuing with “unlimited” PIP medical benefits or selecting capped coverage at $50,000 (for Medicaid enrollees), $250,000, or $500,000. Previously, the law mandated “unlimited” coverage for all car accident-related medical care.
  • Attendant care: Attendant or nursing care provided by an employee’s spouse, brother, sister, child, or parent is limited to a maximum of 56 hours per week.
  • Medical coverage opt-out: After July 1, 2020, drivers on Medicare can opt out of PIP medical benefits coverage, with the expectation that they will use Medicare for medical coverage in case of injuries from a car accident.

What Are the Benefits of No-Fault Insurance?

When you are in a no-fault insurance state, like Michigan, you do not have to worry about the cost of any bodily injury you sustain in a car crash. Your insurance company will step in and cover these costs, up to the limits of your policy’s coverage. These coverage benefits include:

  • Medical expenses: Medical bills, hospital bills, and the cost of ongoing health care treatments and medications after your initial visit to the doctor are all part of this coverage.
  • Damage to others’ property: You are liable for any damage you cause to another person’s property, and your insurance will cover this.
  • Lost wages: Wage loss can add up quickly after a motor vehicle accident, and your PIP coverage will pay some of this.
  • Child care coverage: If you need to pay someone to care for your children while you are dealing with the aftermath of the accident, the new law requires your insurance company to pay for this.
  • Household modifications: If your injuries require you to use a wheelchair or a walker, you may not get enough help through your health insurance, Medicaid, or Medicare to pay to modify your house, but this law requires your insurance to cover the modifications to your house you might need to live there safely.
  • Nursing care: Michigan’s no-fault insurance law requires your insurance provider to pay for attendant care if you need long-term care after the crash.

How Much Compensation Can I Receive?

As mentioned, under the new no-fault policy law, you are required to carry personal injury protection up to certain coverage amounts. These coverage limits indicate how much reimbursement you receive after a crash. Your coverage options include:

  • Unlimited coverage
  • $500,000 per person, per accident
  • $250,000 per person, per accident
  • $250,000 per person, per accident, with exclusions

For the final choice, the exclusions include named insured people who choose to use their own health coverage, that is not Medicare, to cover their injuries and any family member who chooses to exclude the coverage and has good health insurance in place.

This reform mandates that PIP insurance covers specific property damages. No-fault insurance covers up to $1 million for damage your car causes to others’ property, including buildings, fences, and parked vehicles. However, it does not apply to damages to other cars involved in the crash.

Do I Need a Lawyer to Start No-Fault Benefits?

No. You can start your no-fault claim on your own. If you are hurt in a motor vehicle accident, you can contact your insurance company and set up your claim for medical, wage loss, and other no-fault benefits without a lawyer. In fact, attorneys must explain that you can apply for benefits without legal representation.

However, many people find that the no-fault system is difficult to understand and to work their way through. Others find very quickly that the information the insurance company wants before it will start paying seems unreasonable or overwhelming. People worry that they may say the wrong thing, so hiring an attorney can resolve such anxiety about your claim.

For pain and suffering, we advise you not to directly negotiate with the other driver’s insurance company without first hiring a lawyer, as this is a separate matter from your case against the other driver.

Does an Injury Need To Be Permanent To Qualify For Compensation?

“Do I have to have a permanent injury to qualify for money damages against the other driver in a Michigan no-fault case?”

This is a question we answer in one form or another just about every day in our practice. In a Michigan motor vehicle crash case, you may qualify for money damages against the owner, driver, or both of the other vehicles if:

  1. The other driver was at least 50% responsible for the collision
  2. You had no-fault coverage on your vehicle (if you were a pedestrian or bicyclist, that doesn’t apply)
  3. You suffered a serious impairment of body function, permanent serious disfigurement, serious neurological injury or death

The area that causes the most questions is “serious impairment.” The Michigan Supreme Court clarified the definition to mean a “serious” injury can be verified by a doctor, and it alters the way a victim has to live his normal life.

We take that to mean that even if you go back to most of your regular activities at some point after an auto crash injury, you may still qualify for damages if you can show that proven injuries are making it clearly more difficult to function than you did before the accident.

Injured Motorcyclist By An Uninsured Driver in Michigan

It’s possible. This would happen if you had valid liability coverage on your motorcycle, and were struck by a vehicle (that means car or truck, not another motorcycle) that DID NOT have insurance. In that specific case, you could apply for insurance through a car or truck that you owned and insured (or that was owned and insured by someone else who let you drive the their motorcycle), even though your car or truck was not involved in the accident.

This rule applies no matter who was at fault, as long as you can prove that a “motor vehicle” (not a motorcycle) was involved in the collision with you. It also applies to your motorcycle passenger, if any.

Can I get Michigan No-Fault Benefits if I am in Car Accident in Another State?

If you have Michigan no-fault benefits yourself, or through a resident relative’s policy, that coverage “follows” you to any state, U.S. territory, or to Canada. This means that you qualify for medical benefits, wage loss, and the same “first party” coverage that you would have had in an accident that happened in Michigan. This is true even if your vehicle was not involved in the out-of-state accident.

For example, if you went to another state for a vacation, and were injured while riding a bus, you could still qualify for Michigan no-fault benefits as long as you were covered by a Michigan policy at the time. This is especially helpful to remember if you have children who are away at school in other states. As long as they are covered on your policy here in Michigan, they are eligible for no-fault coverage if they get hurt in a motor vehicle accident in the other state.

Can I Get Benefits if Auto Accident Makes an “Old” Injury Worse?

Yes, but you have to prove to your auto insurance company that the accident, as opposed to the pre-existing injury, is what is causing your need for treatment and any disability you claim. In other words, you have to be able to show that a single auto-related incident caused your problems. Claiming that years of climbing in and out of your truck caused you to have sore knees, for example, is not the kind of case that no-fault benefits were designed to cover.

Will Replacement Services Benefits Cover My Cost to Hire Someone To Do My Job if Hurt in an Accident?

Not likely. Replacement services are allowed for up to $20/day under no-fault in Michigan. The benefits are supposed to help you pay others to do chores you would have done yourself if you hadn’t been hurt in an accident. You usually will need a doctor’s prescription to support your claim, and your insurance company will also usually want to see your medical records to help prove that you can’t do your customary household duties.

But these benefits only apply to activities that do not produce income. So you can see that the insurance company isn’t going to reimburse you to hire another worker to take your place on a crew while you are off, or pay someone else to go out and take bids for construction jobs for you. Twenty dollars a day isn’t much of a benefit to begin with, and it is limited to what we usually think of as household chores, not to replace things you do for money.

Can I Get No-fault Benefits if I Am Injured While Working on My Car?

Yes, the no-fault Law says that PIP benefits are available for injuries that occur during the maintenance of a vehicle. It is not necessary that the vehicle is in motion to bring this provision into effect. For example, in one case, a man had his car up on a jack so that he could replace his shock absorbers. It slipped off the jack and landed on him. At first, the car insurance did not want to pay his medical expenses, claiming that the car wasn’t running, or even being used as a motor vehicle at the time, meaning that no-fault benefits should be denied.

The appeals court clarified that the no-fault law covers injuries sustained during vehicle maintenance, such as replacing shock absorbers, leading to benefits for the injured person. Other rulings have extended this coverage to activities like preparing a car for towing or inspecting a non-starting car under the hood, affirming these as insured activities under no-fault insurance, even if the car isn’t running at the time of injury.

Can an Illegal Alien Receive Michigan No-Fault Benefits?

Yes, 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). In Michigan, anyone injured in a car accident is eligible for no-fault benefits, regardless of their legal status in the U.S., as long as they are not in an uninsured vehicle they own.

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.

Recent Auto Accident Settlements from Matz Injury Law

  • $4.15 Million Settlement in Washtenaw County
    • $4,150,000 settlement on behalf of the family of a college student who was killed in a traffic crash while riding a motorcycle. The settlement came from three different insurance companies.
  • $3.45 Million Settlement In Genesee County
    • $3.45 million settlement against a cement company whose truck crossed a center line, causing three deaths and severely injuring a 4-year-old boy. The settlement was $450,000 in excess of available insurance.
  • $1.74 Million Settlement Awarded In Calhoun County Collision
    • $1.74 million settlement against a 19-year-old driver and the fraternity where he was drinking immediately prior to a head-on collision that killed a 52-year-old husband and father of 3 children.
  • $1.3 Million Settlement In Monroe County
    • $1.3 million Federal District Court settlement on behalf of a mother and daughter in a car/truck collision. Mom suffered a pancreas injury but returned to full-time employment within six months; eight-year-old daughter suffered an aggravation of a pre-existing learning disability as well as a ruptured spleen.
  • $100,000 Uninsured Motorist Settlement In Detroit
    • $100,000 uninsured motorist settlement (policy limit) for family of a passenger killed in Detroit in a suspected joyriding incident.
  • $500,000 Settlement in Ingham County for a 2-year-old girl who was catastrophically injured as a result of a motor vehicle collision.

Additional Resources

Were You Injured and Need Representation? Call Matz Injury Law

Steve and Jared Matz are compassionate auto injury and personal injury lawyers. We know how to work with PIP auto insurance companies to ensure injured individuals and their families get a fair amount of compensation after a crash.

Our passion is to help injured individuals get their full PIP benefits and any other compensation they deserve after a crash. We want to help you get back on your feet, so you can enjoy life once again. We understand the unique no-fault laws in Michigan and can help you navigate working with insurance companies or seeking help for complex accidents that have many parties present. We are located in Southfield and proudly serve the greater Detroit area. We have won over $300 million for our clients to date.

If you or a family member have been injured in a car accident and need knowledgeable representation and a thorough explanation of the no-fault insurance laws in Michigan, call our law firm today at 1-866-22Not33 or use our contact page today. We are eager to guide you through your auto accident case.

Frequently Asked Questions

Does Medicaid Pay for Auto Accident Injuries in Michigan?

Yes, Medicaid can pay for injuries sustained in a Michigan car accident under the reformed no-fault law. Have an updated Medicaid card handy to show proof of enrollment.

What is Qualified Health Coverage in Michigan?

Qualified health coverage refers to either Medicare Parts A and B or a health and accident policy that covers auto accident injuries with an annual deductible of $6,000 or less.

What is the Recommended Bodily Injury Coverage in Michigan?

We recommend Michigan drivers have bodily injury liability insurance with coverage limits of $500,000 and $1,000,000.

What Does Bodily Injury Cover in Michigan?

Bodily injury liability coverage helps pay for the following:

  • Medical expenses of others injured in a car accident you cause (not including your own injuries
  • Financial assistance for legal defense in the case of a lawsuit arising from the accident
steven matz headshot

Written By Steven Matz

Founding Shareholder

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.

The maximum contingency fee permitted by law is actually 331/3%. Michigan court rules require that the attorney fee be computed on the net sum recovered after deducting all disbursements properly chargeable to the enforcement of the claim.

What does 22not33 mean, exactly?

We can charge 22% while virtually all other injury attorneys charge 331/3% because we are very, very, good at obtaining results for our clients.

We do not spend millions of dollars on television ads; instead, we offer a lower fee to all our clients. We do not have dozens of lower paid associates handling our work. All our clients are represented by Steven and Jared Matz. Steven Matz started the firm in 1977 and since then has dedicated his life to representing injury victims. Jared joined the firm in 2016 but grew up listening to stories, discussing theories, and generally learning at the dinner table about how to effectively and compassionately represent injury victims. Jared Matz was literally born to represent individuals involved in motor vehicle crashes.

All of our cases are handled on a contingency fee and all our cases are handled at 22%. Whether the case settles or goes through trial, the fee does not change. While our competitors make excuses as to why they charge so much, we are obtaining results for our clients at a lower fee.

At a typical television advertising law firm, your first call will be handled by a receptionist, who may refer you to an intake person, who will discuss your claim with an intake manager, who then discusses your claim with an associate, who may then report to a partner. You may never speak with the person whose name is at the top of the letterhead. At Matz Injury Law you will always speak with either Steven Matz or Jared Matz.