The Law Offices of Freedman & Freedman

Automobile Accidents

first party “no-fault” law.

If you’re involved in a motor vehicle accident, you may be entitled to the payment of certain benefits. Regardless of which driver was at fault. Those benefits come from the no-fault insurer and include medical expenses, lost wages, household services, attendant care and mileage reimbursement for travel related to obtaining medical care. The laws are quite numerous and complicated. There are also many rules and procedures and time requirements that must be strictly followed to get the benefits allowed by law.

These laws lead to many numerous and difficult questions. What if, for example, you are faced with outstanding medical bills and you are unable to return to work? What if there are multiple no-fault insurance companies and absolutely no one will take responsibility to pay benefits? How do you determine what insurance company, if any, is responsible for paying your benefits and what should you do to get them to start paying?

These questions are more complex than they appear. And often the rules that govern the “priority” of insurance policies, i.e., who is responsible to pay your benefits - and under what circumstances - can be totally overwhelming and confusing. You should know that, although your own insurance company is first in line to pay in an automobile accident that occurs in Michigan, there are often complicating factors. What if you were injured as an innocent passenger in a motor vehicle? What if you were an injured - but uninsured - pedestrian struck by an automobile? In such circumstances, determining who is responsible to pay your no-fault benefits can be even more complex and daunting.

Failure to understand and follow these legal requirements can lead to disastrous results. Be wary of lawyers who are not familiar with no-fault law. Retain an experienced attorney. Retain an attorney to protect you and to guide you through this overwhelming process. We can help. If you have been seriously injured, call us right now for a free consultation.

medical bills for life.

A no-fault insurance company must pay your medical bills, arising out of an automobile accident injury, for the remainder of your life. However, a number of requirements must first be satisfied. First, any medical bill must be reasonably related to the injury suffered in the automobile accident. Second, the cost must be reasonable. Third, the medical expense must be actually incurred. Michigan law does not provide for guaranteed pre-payment of medical bills due to an automobile accident. Finally, the proper paperwork must be submitted within the applicable time limits. If, for example, a medical bill is not submitted within one (1) year of the date it is incurred, the insurance company may escape its obligation to pay.

Also, there are two(2) types of medical coverage offered in the event of an accident. The first is an “uncoordinated” benefit and the second is a “coordinated” benefit. The terms of your policy control which benefit you will receive. An uncoordinated policy pays benefits regardless of the presence of other health insurance. A coordinated policy requires secondary health insurance to pay first and provides that residual amounts are paid by the automobile insurer. It is common for a health insurance policy and an automobile insurance policy to contain contradictory language about who has the first obligation to pay medical bills.

If you are seriously injured in an automobile accident, or the treatment of your injuries requires you to seek medical attention from many different doctors and hospitals, the number of medical bills you receive may be numerous. Making sure these bills are properly submitted to the relevant insurance company within the time required can be simply overwhelming. We can help relieve you of that burden. We will see to it that you receive timely payment of your medical expenses so you are free to concentrate on recovering from your injuries.

wage loss.

You are seriously injured in an automobile accident and are unable to work. An injured individual can receive 85% of their salary for the first three (3) years after being injured in an accident. Since no-fault benefits aren’t taxable, the 15% reduction in salary reflects taxes that would have been paid out from your salary had you continued to be able to work at your present job. There are procedural requirements to follow to determine if you are eligible. There is also a maximum amount that an insurance company is obligated to pay per month in wage loss known as the “cap” that is tied to the cost of living. We’ll prepare the paperwork and get you the wage loss that you deserve so your financial obligations can be met.

attendant care.

Severe injuries often require hospitalization. As a severely injured person released from the hospital, you may require assistance with your daily needs and constant supervision. If warranted, a physician may order around-the-clock supervision. You may need help dressing, bathing, transfers from a bed to a wheelchair, etc. Depending upon the circumstances, these services may be provided to you by a family member or an agency specializing in providing these services. Michigan No-Fault law allows payment for these services.

Unfortunately, there is no firm guideline that indicates how much an insurance company must pay for attendant care. Often, the quality of care and ability to choose the care provider is dependent upon an insurance carrier fulfilling its obligations under its contract of insurance. We will take the appropriate steps to secure premium attendant care benefits for you.

replacement services.

These are services that you would have performed on your own had you not been seriously injured in an accident. If you paid, or promised to pay someone for household chores, errands, etc. that you would have performed on your own had you not suffered your injury, then you may be entitled to reimbursement for these expenses. A physician needs to document that you are unable to do these tasks on your own. Your insurance company may require documentation of who performed what services for you and when. At present, no insurance company is obligated to reimburse more than $20 dollars per day for replacement services or pay for more than three (3) years of replacement services benefits regardless of how long you actually need these services performed

mileage reimbursement.

Medical treatment requires multiple doctor’s appointments, physical therapy appointments, travel to diagnostic centers for tests, etc., at times traveling significant distances from your home. You are entitled to reimbursement for mileage traveled to and from doctor’s appointments. Of course, the proper paperwork must be submitted to the insurance carrier on a timely basis. We can guide you through the process of obtaining these benefits.

suing the other driver. third party “no-fault” law.

While “economic” damages are recoverable through one’s own insurance carrier - regardless of fault - compensation for intangible damages are handled differently. Intangible damages generally refer to your pain and suffering, disfigurement, death, and the emotional issues that coincide with experiencing a severe injury.

A third party claim is one you make against the at-fault driver in an automobile accident. With the exception of the potential to sue for excess wage loss not covered under the no-fault laws, the damages sought in a third-party suit are non-economic in nature.

The most important issue to be recognized is that you must be considered seriously injured under the law to qualify for third party damages. More specifically, to be successful in a claim against the other driver for non-economic damages, it must be demonstrated under the law that you have suffered “a threshold injury”. The law has defined a “threshold injury” as an injury that is either a serious impairment of an important body function or serious disfigurement/scarring. Whether an injury is a threshold injury depends upon a number of factors including whether your injury has been objectively documented by a physician and the impact the injury has had on your life. Insurance companies routinely dispute whether your injury arises to the legal level of being a “threshold injury” and will try to minimize your injury. We don’t want you to be at the mercy of the insurance companies whose only interest is to protect their bottom line. We protect you.