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Where Do I Turn To Receive My Michigan No-Fault Benefits After A Motor Vehicle Accident?

MICHIGAN NO FAULT PRIORITIES

Michigan No-Fault law has priorities for where someone injured after a motor vehicle accident in Michigan will turn to receive Michigan no-fault benefits. 

These no fault benefits are also referred to as personal injury protection or PIP benefits.  They are established by Michigan law.  

In almost all situations, people who have suffered personal injury after a car accident or truck accident in Michigan will first turn to their own auto insurance company to collect their no fault benefits.  This will almost always be true regardless of whether you were in your own vehicle or whether you were in another person’s car at the time of your motor vehicle accident. 

Note: There are some important, factually specific exceptions regarding Michigan No Fault priorities, as there are with other areas of the Michigan No Fault law.  It is strongly advised that you also discuss the specific underlying facts of your car accident or truck accident with an experienced Michigan personal injury lawyer.  Any of the personal injury attorneys at Michigan Auto Law will be happy to discuss your case free of charge. 

The list of standard No Fault Priorities in most situations is as follows:

1. Through the Claimant’s own auto insurance company, if the Claimant is a "named insured" on a policy of auto insurance.  (if you are not a "Named Insured", then go to 2.)

2. Through a "Resident Relative".  (if no "Resident-Relative" is a named insured on a policy of auto insurance, then go to 3.)

3. Through the Owner of the vehicle you were in at the time of the accident. (if the Owner was uninsured, then go to 4.)

4. Through the Driver of the vehicle, if different than the Owner. (if the Driver is uninsured, then go to 5.)

5. Through the Assigned Claims Facility (the State of Michigan will assign an insurance company to handle your No-Fault claim.)*See Below

In order to receive Michigan No-Fault benefits, an Application For Benefits form must first be received by the responsible insurance company within one (1) year of the accident, or the Claimant will be forever barred from receiving No-Fault benefits for the accident.  A printer ready generic Application For Benefits form is available for you in the FORMS section of this website.

note: State Farm generally takes claims information via telephone and therefore an Application is usually not necessary.   However, if the Application is being made close to the one (1) year anniversary of the accident, submitting a paper Application is strongly advised.  Also, although many insurance companies have their own version of the No-Fault Application form, the generic Application from this page is legally sufficient to make a claim for Michigan PIP no fault benefits.

Note: answering specific questions that are recorded and that are asked by an attorney for the no fault insurance company assigned to provide Michigan no fault benefits is commonly referred to as an EUO, which stands for an Examination Under Oath.  It is strongly encouraged that you speak to a personal injury attorney familiar with Michigan no fault law, or hire a personal injury attorney to appear with you, before you submit to an insurance company EUO, especially if you have suffered serious injuries and you are contemplating filing a lawsuit or seeking compensation from the driver who caused your injuries.

ASSIGNED CLAIMS FACILITY

* The Assigned Claims Facility has a separate Application form that must be completed and received within one year from the date of the accident.  The Application form for the Assigned Claims Facility is available in the FORMS section of this website.

IMPORTANT NOTE: The Assigned Claims Facility does not cover out-of-state accidents.  If you are a Michigan resident and were injured in a car accident or truck accident outside the State of Michigan, there is no Assigned Claims Facility.  See the Out-of-State Residents section of our website for further clarification.

WHAT IS A "NAMED INSURED"?

A "Named Insured" is the person(s) that the insurance policy is issued to.  A person can be a "Listed Driver" on an auto insurance policy and NOT be a "Named Insured".  If the injured person (Claimant) is a "Listed Driver" only, they will normally qualify for No-Fault benefits under the "Resident Relative" priority of the Michigan No Fault law, assuming they reside with person(s) listed as the "Named Insured."

WHAT IS A "RESIDENT RELATIVE"?

A "Resident-Relative" is someone that the Claimant is related to by blood, adoption or through a marriage and resides in the same household as the Claimant.  "Resident-Relatives" includes cousins, in-laws, stepparents and stepchildren.  However, boyfriends, girlfriends, fiancés, etc., are not "Resident-Relatives."  Therefore, if a Claimant lives with a significant other, but there is no marital or other legal or familial relationship, the Claimant must go further down the priority list to find No-Fault coverage.

WHAT ARE THE EXCEPTIONS TO MICHIGAN NO-FAULT PRIORTIES?

There are a few exceptions to the priorities listed previously.  These exceptions are as follows:

1. Employer's vehicles
2. Motorcycles
3. Limousines and For-Profit Buses (i.e. Greyhound, Indian Trails, etc.)
4. Pedestrians, Bicyclists and other "Non-Occupants"

EMPLOYER'S VEHICLE PRIORITIES

A Claimant that is in an Employer's vehicle at the time of motor vehicle accident must turn to his or her Employer's automobile no fault insurance first.  The Priorities for an Employer's vehicle are as follows:

1. Through the Employer's auto insurance company.  (if the Employer's vehicle is not insured, then go to 2.)

2. Through the Claimant’s own Michigan auto insurance company, if the Claimant is a "named insured" on a policy of automobile insurance.  (if Claimant is not a "Named Insured", then go to 3.)

3. Through a "Resident Relative".  (if no "Resident-Relative" is a “Named Insured” on a policy of Michigan automobile insurance, then go to 4.)

4. Through the Driver of the car or truck, if different than the Employer. (if the Driver is uninsured, then go to 5.)

5. Through the Assigned Claims Facility.  The State of Michigan will assign an insurance company to process your Michigan No-Fault PIP (personal injury protection) benefits claim.

MOTORCYCLES ACCIDENTS IN MICHIGAN

Michigan motorcycle accidents are only covered by the Michigan No-Fault Act when involved in accidents with an automobile or a truck.  Motorcycles are NOT considered Motor Vehicles for Michigan No-Fault purposes, although they are considered Motor Vehicles for many other purposes.  If a Motorcycle is in a single vehicle accident or in an accident with another Motorcycle in Michigan, then the Michigan No-Fault Act will NOT govern the accident.

Motorcycle PIP benefits are available and can be purchased  separately on motorcycle insurance policies.  These motorcycle insurance policies are usually limited to a $5,000 maximum of medical benefits, and then can be purchased in additional $5000 increments.

Note: However, if the Motorcycle is involved in an accident with a motor vehicle in Michigan, such as a car or truck, then the Motorcycle Claimant will receive regular Michigan automobile no fault benefits, which are far superior to  motorcycle no fault benefits.  The law in Michigan regarding motorcycles is extremely complicated, and even counter-intuitive, as to when someone will be and will not be able to claim Michigan no fault PIP benefits.  It is strongly advised to discuss the facts of any serious motorcycle accident in Michigan with an experienced Michigan personal injury lawyer who is familiar with motorcycle accidents.  Initial consultations with most Michigan personal injury attorneys, including the attorneys at Michigan Auto Law, are free. 

MICHIGAN MOTORCYCLE ACCIDENT ORDER OF PRIORITIES:

The first priority, if a Motorcycle is in an accident with an automobile in Michigan, is with the Owner of the automobile.  This situation and accidents involving "Non-Occupants" are the only situations where the other motor vehicle provides No-Fault insurance coverage after a Michigan motorcycle accident.  There is NO “Resident-Relative” option for Motorcycle Claimants in Michigan as there are on insurance policies in many other states. 

The priorities for Motorcycle Claimants following a motorcycle accident in Michigan is as follows:

1. Through the Owner of the automobile or truck (motor vehicle) involved in the accident.  (if the motor vehicle is not insured, then go to 2.)

2. Through the Driver of the automobile or truck involved in the accident, if different than the Owner. (if the Driver is uninsured, then go to 3.)

3. If the Driver of the Motorcycle also owns an automobile, and is a “Named Insured” on a policy of auto insurance, then through the Driver’s auto insurance. (if the Driver has no auto insurance, then go to 4.)

4. If the Owner of the Motorcycle also owns a motor vehicle,  and is a "named insured" on a policy of auto insurance,  then through the Owner’s auto insurance.  (if the Motorcycle Owner has no auto insurance, then go to 5.)

5. Through the Assigned Claims Facility (the State of Michigan will assign a insurance company to handle your No-Fault claim.)

LIMOUSINE AND "FOR-PROFIT" BUS PRIORITIES

Limousines DO NOT include Taxis for purposes of Michigan No Fault insurance. Taxis follow the normal order of priorities already discussed previously under general Michigan No-Fault law priorities.  Also, government buses (i.e., school buses, city buses, regional transportation buses, etc.) are not considered "For-Profit" buses.  Government buses and taxis also follow the normal order under Michigan No-Fault priorities. 

NOTICE TO TRANSPORTATION AUTHORITIES (BUS NOTICE)

VERY IMPORTANT: When an accident involves any kind of Transportation Authority, written notice must be give within SIXTY (60) DAYS of the accident, or the claim may be barred under Michigan law.  This important sixty (60) day notice provision is a completely different notice requirement than the important one year requirement to file an application for benefits to receive Michigan no fault insurance benefits.     For your convenience.  We have provided a printer ready form that can be used to give such notice to any Transportation Authority in Michigan. This form is located in the FORMS section of this website.

If there is any doubt that a Transportation Authority is involved or that the Transportation Authority is liable for any injuries, it is advised that written notice be made regardless.  It is also advised to discuss notice requirements and whether it will apply to your motor vehicle accident with an experienced Michigan personal injury attorney. 

Examples of a few Michigan Transportation Authorities are:

1.                  SMART (Suburban Mobility Authority for Regional Transportation)

2.                  The Rapid (Public Transportation Authority for the Greater Grand Rapids area)

3.                  CATA (Capital Area Transportation Authority)

4.                  DDOT (Detroit Department of Transportation)

5.                  AATA (Ann Arbor Transportation Authority)

6.                  Mass Transportation Authority (Flint Area)

PEDESTRIAN, BICYCLIST, AND OTHER "NON-OCCUPANT" PRIORITIES

Pedestrian, Bicyclists, and other “Non-Occupants” of motor vehicles will follow the standard Michigan No-Fault law priorities.  However, in the case of "Non-Occupants", since there is usually only one motor vehicle involved in a car or truck accident, it is the Owner and/or Driver of the motor vehicle involved in the accident that will provide Michigan No-Fault coverage. 

In all other cases, with the exception of motorcycles involved in a Michigan accident with an automobile, the other car or truck involved in a Michigan accident is never part of the priorities to receive no fault benefits, even if that motor vehicle caused the accident and is clearly at fault.  This does not mean that the other motor vehicle that caused serious personal injury or wrongful death is not liable.  A Michigan attorney can still be hired to seek compensation for injuries, pain and suffering, and excess economic loss (economic loss past the first three years of Michigan no fault) against the at fault driver of the other motor vehicle involved in the accident.  It merely means that that other motor vehicle involved in the accident will not be responsible under the Michigan no fault order of priorities for providing Michigan no fault benefits.  

TRAIN ACCIDENTS IN MICHIGANS

ORDER OF PRIORITIES FOR PASSENGERS OF TRAINS

Claimants who are injured in Train Accidents including carriers such as Amtrak, will qualify for Michigan No-Fault Benefits if the train was in a collision with a motor vehicle (but not including an accident involving motorcycles).  Trains are not considered motor vehicles for Michigan No-Fault law purposes.  Therefore, a train passenger injured in a Michigan accident is considered a "Non-Occupant," and will follow the "Non-Occupant" order of no fault priorities, which are the same standard Michigan no fault law priorities already discussed.  However, there are very specific laws that also apply to people who have suffered serious personal injury or wrongful death in a train accident in Michigan.  It is important to discuss this matter with an experienced Michigan personal injury attorney who is familiar with train accidents to understand your full legal rights.  There are also a completely separate set of laws for railway workers injured on the job, including in a Michigan train accident, and these people are also strongly advised to discuss the details of their injury or accident with a Michigan attorney who is familiar with this area of litigation.  The personal injury attorneys at Michigan Auto Law are available to answer any questions you may have regarding these specific types of train injury accidents.

OTHER IMPORTANT INSURANCE COVERAGE ISSUES:

COORDINATED vs. PRIMARY PIP

Most Michigan No-Fault insurance policies have "Coordinated" Medical coverage.  This means that if a Claimant has existing health insurance coverage, separate from his own auto no fault insurance, then the health insurance pays first, or is considered primary, for medical expenses incurred from injuries received in a Michigan motor vehicle accident. 

Exceptions to "Coordinated" medical coverage are as follows:

1. The auto insurance policy provides "Primary PIP".  (The policyholder paid extra to have the auto insurance pay first for medical benefits)
2. Medicare recipients.
3. Medicaid recipients.
4. The Claimant receives Michigan no fault  PIP coverage through the Owner/Driver priority.
5. If the Claimant's existing Health Insurance is a self-funded ERISA plan or other type of plan that specifically excludes coverage for a motor vehicle accident when there is already Michigan No-Fault coverage.

Note: The law, particularly the law regarding self-funded ERISA plans, continues to evolve and new changes are anticipated in the near future.  If you are injured in a Michigan accident and have a self-funded ERISA plan and also Michigan no fault PIP coverage, please discuss whether there have been any recent changes with a Michigan personal injury lawyer who can provide guidance on issues of which insurance is primary, and whether there will be issues of subrogation or indemnification for medical expenses that are incurred.

HOW DO OUT-OF-STATE RESIDENTS QUALIFY FOR MICHIGAN NO-FAULT LAW BENEFITS?

If you are an out of state resident involved in an auto or truck accident within the State of Michigan, you can still qualify for Michigan No-Fault benefits if:

1. Your own non-Michigan registered motor vehicle is insured by an insurer that has a 3163 certificate on file with the State of Michigan (i.e. the insurance company has filed a special certificate to do business in Michigan and sell insurance within the State of Michigan).

OR

2. You were in a Michigan registered motor vehicle at the time of your car or truck accident,

If you have suffered injury from an accident and qualify under No. 1 only, then your total Michigan No-Fault benefits (i.e. Medical, Wage Loss, Replacement Services, etc.) will be  limited by Michigan statute to a maximum amount of $500,000.00.  However, if you have suffered injury from an accident and you qualify under No. 2, you will receive the same unlimited Michigan No-Fault benefits as any other Michigan resident who has suffered injuries from a Michigan car or truck accident.  If you are in a Michigan registered vehicle at the time of the accident, you still must follow the priorities for your particular factual situation.  However, if an insurance company at any priority level does not have a 3163 certificate on file with the State of Michigan, then you must continue down the priority list until an insurance company meets the priority requirements.

The information above is limited to receiving Michigan No Fault insurance PIP benefits.  It does not effect the rights or abilities of an out of state resident who has suffered personal injury or who was killed in a Michigan accident from filing a lawsuit against an at fault driver involved in a car or truck accident in Michigan.  If an out of state driver or passenger has been killed in a Michigan motor vehicle accident, an estate must first be opened by a Michigan attorney so a claim can be pursued on his or her behalf by the surviving members of the family.  In either situation, the third-party or tort provisions of the Michigan no fault law will then apply just as they would with any Michigan resident who suffers serious injury or wrongful death in a Michigan car accident or truck accident.   The law in Michigan governing a lawsuit filed for pain and suffering and excess economic damages from a motor vehicle accident is different, and more difficult, than in many other states.  This Michigan third-party tort law is also very specific and different from the Michigan first-party PIP, or the Michigan no fault insurance law from this section.  If you or someone you know was an out of state resident who was hurt in a car accident or truck accident while visiting Michigan, it is suggested you discuss the specifics of the motor vehicle accident with an experienced Michigan personal injury attorney who can offer advice on notice and filing deadlines and what is necessary to have a successful personal injury case for injuries from a Michigan accident.

CLAIMS AGAINST STATE OF MICHIGAN

(COURT OF CLAIMS)

If you are in an auto accident with a motor vehicle owned and operated by a Department of the State of Michigan, such as the Michigan State Police (MSP), the Michigan Department of Transportation (MDOT), the Michigan Department of Corrections (MDOT), etc., there are critical notice requirements that will apply. 

A Michigan attorney will still have three (3) years to file a complaint on your behalf against the wrongdoer Department and driver, just as an attorney would after any car accident or truck accident in Michigan.  But there is one important difference: the lawyer retained to represent you must also file a Notice of Intent to hold the State of Michigan liable for your personal injuries from the auto accident within six (6) months of the date of the car accident. 

This “Notice of Intent” must be filed with the Court of Claims in Lansing.  If a lawsuit is filed against the wrongdoer(s) within six (6) months of the accident, then an attorney does not need to file a separate “Notice of Intent.”  The Notice of Intent has no particular format that Michigan personal injury attorneys must follow, but it must factually describe which Department of the State of Michigan is being held liable, and if known, the wrongdoer driver’s name.  It must also list who was injured, when and where the car accident or truck accident occurred in Michigan, ie what city or county in Michigan, what road or highway the auto accident happened, and the injuries suffered (i.e. Traumatic brain injury, Neck, Back, Emotional, Other).  It is strongly suggested that any Michigan personal injury lawyer handling claims against the State of Michigan file his or her “Notice of Intent”  via Certified Mail Return Receipt Requested to the following address:

Court of Claims

Attn: Court Clerk

Veterans Memorial Courthouse

313 W. Kalamazoo

P.O. Box 40771

Lansing, MI  48909

**Any Michigan attorney handling a motor vehicle accident against the State of Michigan should also send a copy of the “Notice of Intent” to the specific Department of the State of Michigan that you intend to hold liable (i.e. Department of Corrections, Department of Transportation, Michigan State Police, etc.).

CLAIMS AGAINST FEDERAL AGENCIES

If you are in an auto accident with a motor vehicle owned and operated by a Federal Agency, such as a U.S. Postal Service car or truck,  these types of automobile accidents are governed by the Federal Tort Claims Act, even though they occur in Michigan.  Therefore, in order to properly file a claim against a particular federal agency, an SF95 Form (see Forms section) must be completed within two (2) years of the auto accident.   It is mandatory that when a personal injury attorney completes this form he also includes an estimate of the monetary damages of your personal injuries – or how much the attorney believes your case is worth - or your form will not be accepted and will be considered improper notice.  It is suggested that any Michigan personal injury lawyer handling your case errs on the higher side when making this estimate of how much your case is worth – so ask your lawyer to be generous. 

Once your form is received and accepted, you must wait six (6) months before filing a lawsuit.  Any lawsuit against a Federal Agency (i.e. U.S. Postal Service), must be filed in U.S. District Court (Federal Court).  Because a Michigan attorney has only three (3) years to file a lawsuit against a wrongdoer after any motor vehicle accident, it would be wise to complete and return the SF95 form well before the two (2) year deadline. 

NOTICE TO GOVERNMENTAL AGENCIES REGARDING DEFECTIVE ROADS

If your auto accident is related to a Defective Road, a Michigan attorney must file on your behalf a notice with the responsible Michigan governmental entity within 120 days.  If you are unfamiliar with which government entity would be responsible (i.e. State of Michigan-MDOT, County Road Commission, City, Village, Township, etc.) it is recommended that your lawyer file a notice with all possible entities.  This notice to the State of Michigan should be in the form of a “Notice of Intent” to the Court of Claims and should also be sent to the Michigan Department of Transportation (MDOT).  Court of Claims procedures are mentioned under the Claims Against State Agencies section.

OUT OF STATE AUTO ACCIDENTS

If you are a Michigan resident and are injured in an auto accident in another state, you are still entitled to Michigan No-Fault Benefits, with some exceptions.  You would still follow the same priorities as to which no fault insurance company is responsible for your Michigan no fault PIP benefits that has already been discussed in the priorities section.  This will likely be your own Michigan No Fault policy or the policy of a Resident Relative.  In the event you had no other option but to go through the owner of the car or truc you were in at the tiem of the motor vehicle accident, that owner must be covered by a Michigan no fault insurance policy in order to recover Michigan no fault insurance benefits. .  Unfortunately, you would not have the option of applying through the Assigned Claim Facility as the Assigned Claims Facility does not cover out-of-state accidents.    This discussion on Michigan no fault benefits does not effect your ability to bring a lawsuit in tort for your injuries, pain and suffering, and economic losses if you have suffered personal injury from an out of state motor vehicle accident.  Every state has different laws that apply and different statute of limitations so it is strongly encouraged that you discuss the factual circumstances of your auto case with an experienced personal injury attorney.

FORMS

1. Application for No-Fault Benefits (Generic Form which can be sent to any insurer)

2. Application for the Assigned Claims Facility (Application for ONLY the Assigned Claims Facility)

3. Bus Notice Form (Needed if a Transportation Authority is involved)

4. Replacement Services Disability Certificate (Doctor to complete so that you can receive Replacement Services)

5. Replacement Services Provider Affidavit (Form to chart replacement services for each service provider and to be sent to No-Fault insurer each month so that Replacement Services can be verified and calculated)

6. Attendant Care Disability Certificate (Doctor to Complete so that you can receive Attendant Care)

7. Attendant Care Provider Affidavit (Form for service provider to complete)

8. Attending Physician Report (Doctor to complete so that you can receive Wage Loss Benefits)

9. Employer Wage Verification (Employer to complete so that your No-Fault insurer can verify and calculate Wage Loss Benefits)

10.  SF95 Form – Federal Tort Claims Act (To be completed and sent within 2 years of the accident if a Federal Agency is being held liable)

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