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Do You Know Who Pays For An Injured Person’s No-Fault PIP Benefits?
Under most circumstances, there will be a source of No-Fault insurance available to provide benefits to a driver or passenger who has suffered a personal injury in an auto accident in Michigan.
There are two statutes MCL 500.3114 and MCL 500.3115 under the no fault law that set the “order of priority” for an auto insurance company to pay the injured persons claim for no fault benefits. MCL 500.3114 applies to occupants of motor vehicles and motorcycles. MCL 500.3115 applies to non-occupant claimants such as pedestrians.
Under §3114(1) the general rule is the same – injured claimant must look first to their own No-Fault insurer or the insurer of or their spouse or resident relative. The recent amendments have not altered this general rule.
Occupants of a vehicle as used in the general rule drivers and passengers. The statute provide as follows:
• A person injured while s(he) is an occupant of a motor vehicle should first make a claim for Michigan No-Fault benefits with the auto insurance company on whose policy s(he) is listed as a “named insured.” See MCL 500.3114(1)
• If the person injured in an auto accident is not a “named insured” on a motor vehicle insurance policy, then s(he) may claim No-Fault benefits from the insurance company of a spouse or a resident relative who lives in the same household. See MCL 500.3114(1).
• If the injured person does not have a No-Fault insurance policy of their own and no No-Fault coverage is available through a spouse or resident relative in the household, then s(he) would apply for benefits through the Michigan Assigned Claims Plan. MCL 500.3114(4). The Michigan Assigned Claims Plan is administered by the Michigan Automobile Insurance Placement Facility and is required to assign the injury person claiming PIP benefits to a participating Michigan No-Fault insurance company for prompt payment of no-fault benefits. See MCL 500.3171 to 500.3176.
Simple Cheat Sheet For No-Fault Insurance Order of Priority for Drivers and Passengers:
• First priority – No-Fault insurer of the injured occupant
• Second priority – No-Fault insurer of the injured occupant’s spouse
• Third priority – No-Fault insurer of the injured occupant’s resident relative
• Fourth-priority – Michigan Assigned Claims Plan
Keep in mind, however, the Michigan no-fault act created some important exceptions under certain circumstances.
Who Pays No-Fault PIP Benefits To Pedestrian or Non occupant of Vehicle?
Under MCLA 500.3115, the injured pedestrian accident victim must seek benefits from the Michigan Assigned Claims Plan.
Who Pays The Driver or Passenger of A Vehicle In The Business of Transporting Passengers?
As a generally rule, a driver or passenger of a motor vehicle in the business of transporting passengers will receive personal protection insurance benefits “from the insurer of the motor vehicle.” See MCL 500.3114(2).
However, MCL 500.3114(2) makes clear this section does not apply to a “passenger” under the following circumstances unless the passenger is not entitled to personal protection insurance benefits under any other policy:
a.school bus, as defined by the department of education, providing transportation not prohibited by law.
b.bus operated by a common carrier of passengers certified by the department of transportation.
c.bus operating under a government sponsored transportation program.
d.bus operated by or providing service to a nonprofit organization.
e.taxicab insured as prescribed in section 3101 or 3102.
f.bus operated by a canoe or other watercraft, bicycle, or horse livery used only to transport passengers to or from a destination point.
g.transportation network company vehicle.
h.motor vehicle insured under a policy for which the person named in the policy has elected to not maintain coverage for personal protection insurance benefits under section 3107d or as to which an exclusion under section 3109a(2) applies.
Who Pays PIP Benefits To Occupant of Employer Furnished Vehicles?
If you are involved in an injury accident while in a motor vehicle provided by your employer then another exception applies to the general rule:
An employee – as well as his or her spouse and/or a resident relative – who is injured in a car accident “while an occupant of a motor vehicle owned or registered by the employer” will receive No-Fault benefits to which he or she “is entitled from the insurer of the furnished vehicle.” See MCL 500.3114(3).
This means insurer of the employer furnished vehicle is responsible to pay PIP benefits. This exception does not require that you be in the course your employment. For example, if an auto accident occurs while an employee is using an employer furnished vehicle to run personal errands over the weekend, the employee, the employee’s spouse and/or the employees resident relatives (if they occupied the vehicle at the time of the crash) would file a claim for No-Fault benefits with the insurance company that covers the employer furnished vehicle.
Which Insurance Pays no-fault PIP benefits to Motorcycle Injured?
A special exception applies to motorcycle accidents, when a motorcycle and motor vehicle are involved in an accident in Michigan. The motorcyclist order of priority is as follows:
1st Priority-The insurer of the owner or registrant of the motor vehicle involved in the accident.
2nd Priority-The insurer of the operator of the motor vehicle involved in the accident.
3rd Priority-The motor vehicle insurer of the operator of the motorcycle involved in the accident.
4th Priority-The motor vehicle insurer of the owner or registrant of the motorcycle involved in the accident. See MCL 500.3114(5).
5th Priority-If no motorcycle insurance coverage is available through any of the above sources, then an injured motorcyclist will have to file a claim for No-Fault benefits with the Michigan Assigned Claims Facility (MACP). See MCL 500.3114(6). The MACP's pay limit is the $250,000 lifetime cap. See §3114(5) & (6).
Get Michigan No Fault Insurance Claim Help - Top No-Fault Michigan Auto Law Lawyers
The Michigan Auto Law attorneys at The Joseph Dedvukaj Firm have been specializing in automobile No-Fault litigation for about 30 years. If you have been injured in a car accident, truck accident or motorcycle accident and need help with your No-Fault insurance claim, please call one of our experienced lawyers for a free case evaluation at 248-352-2110 or toll free (866) 447-3563 or fill out our consultation form. There is no fee or obligation. We would be honored to help you in your Michigan no fault insurance claim.
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