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Priorities of Responsible Parties in a No-Fault Claim

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:

  • The insurer for a bus or taxicab;
  • The insurer for an employer-furnished vehicle;
  • The applicable insurer in an accident involving a motorcycle (with detailed rules);
  • The insurer for the named insured, spouse, or resident relative;
  • Pedestrians, bicyclists, & other “non-occupants” of motor vehicles (who get coverage from the motor vehicle’s owner, registrant, or operator.

Often, there are priority disputes between insurance carriers, none of which want the responsibility of having to pay your benefits. Folks injured in auto accidents are often victimized by insurance companies, playing “hot potato”, with No-Fault claims. Under Michigan law, this is not supposed to happen; one, the other, or both is supposed to step up and pay these benefits, so you can heal, and keep your household going, while the insurance companies fight over who has to pay.

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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While the actual Michigan No-Fault Act does not limit medical benefits by time, or dollar amount, very few claims are actually paid for anything more than a few months.
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