when you or your family ride as passengers

While every scenario an auto insurance policy is unique, there are many common situations that arise for Michigan drivers as they seek to protect themselves should they or their family ever be involved in a serious car accident. Michigan auto accident attorneys can help explain how our No Fault law applies in various situations.

If my kids are in another person’s car and they suffer injuries in an accident, how does my No Fault Insurance apply?

Under the Michigan No-Fault Act, an accident victim should first file an application and pursue no-fault benefits with his or her own no-fault insurance company. If the accident victim does not have a no-fault insurance policy, he or she should look to the insurance company of a spouse or relative that lives in the same home as the victim.

If the accident victim is not the named insured on any insurance policy, does not have an insured spouse and does not reside with any insured relative, the victim should file an application and pursue no-fault benefits with the insurance company of the owner or registrant of the vehicle he or she occupied at the time of the accident. If the owner or registrant is not the named insured on any insurance policy, the accident victim should look to the insurer of the operator of the vehicle occupied at the time of the collision.

If no no-fault benefits are available to the accident victim through any of the above-listed individuals, he or she may submit a claim to the Michigan Assigned Claims Facility (ACF). The ACF ensures that victims entitled to no-fault benefits receive these benefits by assigning the case to a participating no-fault insurance company.

In summary, in a scenario where your children are occupants of a car driven by and owned by another person, the order of priority of no-fault insurers would be as follows:

First Priority – Insurer of a resident relative.

Second Priority – Insurer of a spouse.

Third Priority – Insurer of the owner or registrant of the vehicle occupied at the time of the collision

Fourth Priority – Insurer of the operator of the vehicle occupied at the time of the collision

Fifth Priority – Michigan Assigned Claims Facility (ACF)

If you or a loved one has been injured in a Michigan auto accident, and you are unclear about your eligibility for no fault insurance benefits, a car accident lawyer at Michigan Auto Law would be happy to speak with you confidentially, at no charge, about your unique circumstances at 800-777-0028.