What Is A Personal Injury Protection Lawsuit?
In Michigan, a personal protection insurance lawsuit can be filed against the insurance company responsible to pay no fault benefits. The complaint is how the lawsuit is started. You must allege a breach of the statutory duty or contractual duty, if there is an auto insurance policy providing coverage in force. You must allege the auto insurance company failed to pay or delayed in paying no fault insurance benefits. In other words, something must be due and owed by the car insurance company.
What Does A Personal Protection Insurance Benefits Lawsuit Look Like?
The complaint should set forth the necessary facts to put the insurance company on notice of your claims. You cannot surprise the insurance company later in the case if you have not included all of your claims. The basic Michigan PIP lawsuit that the injured person would file looks like this in form and substance:
STATE OF MICHIGAN
IN THE WAYNE COUNTY CIRCUIT COURT
JOHN DOE,
Plaintiff, Case#21- -NF Hon.
Vs.
AYX AUTO INSURANCE COMPANY.,
Defendant.
_______________________________________________________/
THE JOSPEH DEDVUKAJ FIRM, P.C.
By: JOSEPH DEDVUKAJ (P51335)
Attorney for Plaintiff
1277 West Square Lake Road
Bloomfield Hills, Michigan 48302(248) 352-2110
_______________________________________________________________________________________________/
There is no known prior civil action arising out of the same transaction or occurrence.
COMPLAINT
Now Comes the Plaintiff, JOHN DOE, through his attorneys The Joseph Dedvukaj Firm, P.C., by Joseph Dedvukaj, and for his complaint against the Defendant, states:
1. Plaintiff is a resident of the State of Michigan.
2. Defendant, XYZ AUTO INSURANCE COMPANY., conducts a regular and systematic part of its business in Wayne County, State Of Michigan.
3. The amount in controversy exceeds $25,000.
COUNT I - BREACH OF STATUTORY/CONTRACTUAL DUTY
4. Plaintiff incorporates by reference paragraphs 1 through 3.
5. On or about November 24, 2020, Plaintiff was insured with Defendant XYZ AUTO INSURANCE COMPANY., for personal injury protection benefits for which applicable premiums were paid, claim# YOUR-RIGHTS and policy#123-5555.
7. Under the terms and conditions of the no fault act and/or the insurance policy, the Defendant became obligated to pay to, or on behalf of, the Plaintiff certain expenses or losses if Plaintiff sustained bodily injury or death in an accident arising out of the ownership, operation, maintenance, or use of a motor vehicle.
8. On November 24, 2020, in Michigan, the Plaintiff was involved in a motor vehicle accident in which Plaintiff sustained accidental bodily injuries within the meaning of no-fault.
9. As a result of the collision, Plaintiff has incurred:
a. Reasonable and necessary expenses for care, recovery, or rehabilitation.
b. Wage Loss.
c. Household Replacement services; and
d. Other personal protection benefits in accordance with applicable no-fault provisions.
10. Defendant has refused or is expected to refuse to pay all of the Plaintiff’s personal protection insurance benefits in accordance with the applicable no-fault and contract provisions.
11. Plaintiff submitted reasonable proof for payment of all personal protection insurance benefits and will continue to be supplied, but Defendant has refused to pay or is expected to refuse to pay in the future.
12. Defendant has unreasonably refused to pay or has unreasonably delayed making proper payments to the Plaintiffs’ contrary to MCLA 500.3142, MCLA 500.3148, and continues to do so.
13. Plaintiff is also seeking attorney fees incurred pursuant to the no-fault act for delay more than thirty days (30) and unreasonable denial of benefits.
COUNT II DECLARATORY RELIEF
14. Plaintiff incorporates paragraphs 1 through 13.
15. Pursuant to MCR 2.605, an actual controversy exists between the Plaintiff and Defendant XYZ AUTO INSURANCE COMPANY.
16. Under MCR 2.605, Plaintiff is requesting that the court must determine the following:
a. The applicability of the No-Fault Act to Plaintiff’s claims.
b. The amount of medical expenses, no-fault interest, actual attorney fees, or other benefits owed to Plaintiffs; and
e. Other determinations, orders, and judgments necessary to fully adjudicate the rights of the parties.
Wherefore, the Plaintiff, JOHN DOE, prays this Honorable Court will enter judgment in favor of the plaintiff and against the Defendant, XYZ AUTO INSURANCE COMPANIES, for an amount in excess of $25,000, deemed fair and just, and award attorney fees, costs, and interest so wrongfully incurred.
Respectfully submitted,
THE JOSEPH DEDVUKAJ FIRM, P.C.
By: __________________________
Joseph Dedvukaj (P51335)
Attorney for Plaintiff
1277 West Square Lake Road
Bloomfield Hills, Michigan 48302
(248) 352-2110
Why Is A Personal Injury Protection Lawsuit Filed?
Usually, the PIP lawsuit is filed when the no fault insurance company has vio,ated the law and owes you benefits. The lawsuit is a legal tool that brings the affending auto insurance company to court to answer to the allegations and if found responsible, pay the benefits owed. Notice, the complaint states the facts and bases surrounding the no fault insurance claim and the types of the benefits being claimed as owed by the insurance company, under the insurance policy or no-fault act for Michigan PIP benefits. You have a right to a jury trial in PIP claims and their can make a demand for trial by jury. The no-fault benefits lawsuit can be based on the no fault act as a statutory claim and/or the no fault auto insurance policy if the injured person suing was insured under the policy. If you are not a lawyer, you cannot file a lawsuit nor represent anyone in any legal capacity. Michigan law makes the unauthorized practice of law illegal. See MCLA 600.169.
Like in any other civil lawsuit, you will be required to participate in discovery such as answer interrogatories, request for production, request to admit, deposition, and submit to defense medical examination(s) so that the insurance company and their lawyer can understand your injuries and claims. See MCR 2.302 and 2.311. The civil lawsuit can be complicated and involve complex legal issues. You are best served if you hire a knowledgable and experienced personal protection insurance lawyer to represent your interests.
EXPERT NO FAULT AUTO INSURANCE LAWYERS
if YOU OR ANYONE YOU KNOW has BEEN INJURED IN A CAR, truck, pedestrian OR MOTORCYCLE ACCIDENT? ONCE YOU HAVE made a police report AND RECEIVED MEDICAL TREATMENT, CALL the Joseph Dedvukaj Firm AT 248-352-2110 or TOLL-FREE at 866-447-3563 FOR HELP WITH YOUR NO FAULT CAR INSURANCE CLAIM.
YOU CAN ALSO REQUEST MORE INFORMATION AND SCHEDULE A FREE CASE EVALUATION TODAY.
