Frequently Asked No-Fault Benefit Questions

When you've been involved in a motor vehicle accident, you may have a lot of questions.  You may be facing large medical and vehicle repair bills.  It can be overwhelming.  At McCroskey Law, our experienced No-Fault and personal injury attorneys are ready to answer your questions. 

Please note that while these FAQ's may be helpful, they only provide general information.  For legal advice that is specifically tailored to your claim, contact McCroskey Law to speak with one of our No-Fault and personal injury attorneys directly.

Q:
Who provides no-fault coverage for a passenger in a vehicle?

A:  No-fault coverage may be available to passengers, or even pedestrians or bicyclists, through their own no-fault insurance, from the no-fault insurance of a family member, or through other means.  Contact an attorney to determine the correct insurance company, as the correct insurance company must have notice of the accident within one year from the date of the accident.

Q: What if I do not have any no-fault insurance coverage?

A: If you are not the driver of a vehicle involved in a crash, no-fault benefits may be available to you through a family member, a driver or vehicle owner, or through the Michigan Assigned Claims Plan.  Contact an attorney to determine the no-fault coverage available to you.

Uninsured drivers may not collect no-fault benefits, may be banned from pursuing a claim against a negligent driver who caused the accident, and may further have to repay another injured person’s no-fault benefits to the insurance company. Always make sure your no-fault insurance is valid and up to date. Never drive a car without no-fault insurance coverage.

Q: My no-fault insurance wants to send me to another doctor for a second opinion or an Independent Medical Evaluation.  Do I have to go?

A:  Many times an insurance company will send you to another doctor for a second opinion or an Independent Medical Evaluation.  These doctors usually do not treat the injured person – instead they write a report about a brief physical exam and review of previous medical records. This report may be used against an injured person in a lawsuit, but most insurance companies require an insured to comply with such a request – or it may deny benefits.  If you have been asked to attend an Independent Medical Evaluation, contact an attorney right away.

Q: I have been offered to settle my no-fault case. Should I accept? Should I waive my right to future medical benefits?

A: When settling a case, it is most important to understand exactly which rights you may be giving up. Therefore, you should consider contacting an attorney before agreeing to settle any claim.

Q:  What are coordinated benefits?

A:  An insurance sales person may ask you if you have your own health insurance or other wage-loss insurance.  He or she may offer you a lower no-fault insurance premium if you agree to use your other insurance benefits first and your no-fault benefits second.  MCL 500.3109. It is important to understand how your other insurance benefits or contracts may coordinate or conflict with no-fault coverage. In some cases, it may not be worth the slightly less expensive premiums for coordinated benefits.

Q: I was injured while riding on a public bus, in a taxi cab, or another form of public transportation.  Who provides my no-fault coverage?

A: No-fault coverage may be available from the transportation company.  Contact an attorney to clarify your no-fault coverage.

Q: What is the Michigan Assigned Claims Plan?

A: If no other no-fault coverage is available to you, through a family member, vehicle owner, or driver, you may receive coverage from the Michigan Assigned Claims Plan (MCAP). This plan will assign your claim to a Michigan no-fault insurer.  See the MCAP website for more information as well as submitting a claim. http://www.michacp.org/