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Benefits Available to Uninsured Injury Victims

Michigan’s No-Fault law allows benefits to be paid to uninsured injury victims, as long as they were not driving their own uninsured vehicle at the time of the accident. If that is the case, under MCLA §500.3113, there will be no recovery for medical bills, wage loss, or other benefit categories.

So, which uninsured injury victims can collect?

  • Passengers
  • Pedestrians
  • Folks injured while permissibly driving vehicles they do not own.

So, if you were a passenger in an uninsured auto, a pedestrian, or if you were driving a vehicle with the owner’s permission, you can collect from the insurers identified in MCLA §500.3114, in order.

What happens when there is absolutely no insurance company, or from the Michigan Automobile Insurance Placement Facility, (MAIPF), under Michigan’s “Assigned Claims Plan”.

The “Assigned Claims Plan”, administered by the MAIPF, will actually assign coverage to a No-Fault insurance company, who then has to provide coverage, as though you had bought a policy from them. Of course, that Assigned carrier gets to defend against the claim in the same way.

Learn more about Michigan No-Fault Insurance Laws & Protections.

Typically, health insurance pays “primary” to no-fault, meaning that the health insurer pays first, and any remaining unpaid accident-related expense should then be paid for by no-fault.  This is called “coordination of benefits”. There are exceptions to this for “ERISA-qualified plans”, discussed below.
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I cannot stress enough the importance of cooperating with your insurance company, before you have to hire me as your attorney. If you do have to hire a lawyer, he/she (or I) will be your contact with the insurance company.
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Sometimes, there are potentially more than just one insurance company, who might be responsible to pay your no-fault benefits.  Specific rules, allocating this responsibility are set forth in MCLA §500.3114, in order, more or less as follows:
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