Hi. My name is Larry Gursten, and I’m going to try to explain to you the no-fault law in your action against the insurance company for your benefits and I’m going to give you knowledge and understanding to help you in collecting these benefits.
You really have a contract with your insurance company and what it allows you to do is collect five different benefits.
The first no-fault benefit is medical bills, and I know that is a concern because everybody wants to get their doctors bills paid, their hospital bills paid. The doctors are pressing you to be paid. And fortunately in Michigan, that is an excellent coverage. If you have medical insurance first in your household you have to go to that medical insurance, and if they pay if it’s an automobile accident, because that you’ll also have to check on, then the medical insurance will be first. If you do not have medical insurance in the household or they say to you, We don’t pay if it’s an automobile accident, that is not a problem because then your auto insurance or the auto insurance of a relative in your household is going to pay all of your medical bills for life. That is a great coverage.
You always want to check if it’s your policy, do you have what’s called coordinated or excess coverage, and you have to check your relatives in your household if you’re collecting from them if they have coordinated or excess that says you must go to your medical insurance first, and then your auto insurance will pay. The reason that’s so important is if you have a book of doctors or your relative has a book of doctors and you’re covered under that auto insurance, you must go to the doctors in that book. Be very careful. If you go to other doctors outside of that book, your auto insurance company may deny your coverage for those doctors. So the medicals for life, it is a great coverage.
Your fourth benefit is called mileage, and you are entitled to mileage every time you go to a doctor or hospital. So please track your mileage. There are mileage forms — the insurance companies have them, we have them — you fill them out and you’re entitled to mileage.
I would also like to explain to you the initial procedure when you have an automobile accident. Obviously you’ve contacted your auto insurance company, and if you have no auto insurance, then your relative in your household, and if there’s no auto insurance in your household, then you can go to what is called the Assigned Claim Fund of the State of Michigan. There’s an application for benefits form. It’s a notice form, but it must be filled out as soon after the accident as you can, and you must have that in within one year of the date of the accident or you lose entirely your right to collect all no-fault benefits. So please, make sure you do that.
You only have one year from the date you have gone and incurred a bill to have the auto insurance pay that bill or you lose the right to collect that bill. So whether they say it’s under investigation or they need more information, that does not do it. You have to have a lawsuit started within one year of the date you have gone to a hospital, a doctor, have incurred lost wages, incurred attendant care. Anything you have done as a no-fault benefit must be paid within one year or a lawsuit must be started.
Please understand that every factor can change an answer and it is extremely important that you call an attorney and talk to him about these benefits as to any questions because this is a technical, complex law. And I hope this has given you knowledge and advice.
And if there are any questions, please feel free to call us. We’re here to help you and make sure things go well for you. Thank you.