Michigan No-Fault Insurance

LAWYERS FIGHTING FOR YOUR NO FAULT INSURANCE RIGHTS 

Who Is Disqualified from Receiving No-Fault PIP Benefits?

Michigan law requires that all people claiming PIP benefits to satisfy the entitlement requirements of  MCL 500.3105 and MCL 500.3106. MCL 500.3105 states,

“Under personal protection insurance, an insurer is liable to pay benefits for accidental bodily injury arising out of the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle, subject to the provisions of this chapter.”

MCL 500.3106 states set forth that the accidental bodily injury must arising out of ownership, operation, maintenance, or use of parked vehicle as motor vehicle.” You must show a physical or mental injury, or an aggravation of the pre-existing condition.

If you injured in a parked vehicle, MCL 500.3106 provides that a person sustaining accidental bodily injury arising out of a parked vehicle must show he falls in one of these categories:  

1. The parked vehicle in a way that caused unreasonable risk, e.g., illegally parked car.
2. Injured person was inured as a direct result of physical contact with either permanently mounted vehicle equipment, or during equipment being operated or used, or injured in the loading or unloading process.
3. Injury occurred while occupying, entering into, or alighting (getting out) from the parked vehicle; and
4. Injured while performing maintenance in the parked motor vehicle.

Under MCL 500.3113, you can be disqualified from receiving PIP insurance benefits, if one of the following circumstances exist:

1. Injured person was using a vehicle he or she had taken unlawfully.
2. Injured person was the owner or registrant of an uninsured vehicle involved in the accident.
3. Injured person was not a Michigan resident and was occupying a vehicle not registered in Michigan and not insured by an insurance authorized to sell insurance in Michigan.
4. Injured person was operating a motor vehicle or motorcycle and named as an excluded driver; or
5. Injured person was the owner or operator of a motor vehicle for which coverage was excluded under a policy exclusion, such as an exclusion if the person was using the vehicle for business purposes such as Uber driver or taxi purposes.

What If I Unlawfully Took The Vehicle?

The insurance company has the burden of proving the vehicle was unlawfully taken. If the insurance company proves the injured person had stolen the vehicle then the vehicle would be deemed taken unlawfully, and the injured person would be disqualified from receiving PIP benefits. In some instances, injured people have been disqualified when taking a vehicle without permission of the owner e.g., joyriding.

What If I Am The Owner Of Driving My Uninsured Car?

The No Fault Act does not allow uninsured owners of vehicles to collect PIP benefits if they are injured while driving their uninsured car. In fact, any person injured in a car accident while driving their own uninsured car or they injured driving an uninsured car they registered, they will be disqualified from recovering any no-fault PIP benefits.

What If I Am A Non-Resident Injured In A Car That Does Not Have A Michigan No-Fault Policy?

Under the Michigan No fault reform law, all out-of-state residents who are injured in motor vehicle accidents in Michigan are no longer entitled to Michigan PIP benefits. The Injured person would have to look at the policy language in the auto insurance policy or turn to their own states auto law for recovery of benefits. Since the auto of state driver is not entitled to Michigan PIP, the out-of-state driver may sue the at fault driver for their medical bills and damages.

What If I Intentionally Hurt Myself Using A Car?

Under the Michigan No-Fault Act , the injured person who intentionally hurts himself is specifically disqualified from receiving PIP benefits. MCL 500.3105(4) states,

“bodily injury is accidental as to a person claiming personal protection insurance benefits unless suffered intentionally by the injured person or caused intentionally by the claimant.”

Top Michigan No Fault Insurance Lawyers Fighting For PIP Benefits

If you believe you have a claim for personal insurance protection benefits, we can help you collect what you are owed. Call Our Expert Auto Insurance Accident Lawyers Now! Nearly 30 Years of Winning for Our Clients. Put our Experienced and Skilled Personal Injury Lawyers to Work for You.

Call us at 248-352-2110 or Toll Free at 866-HIRE-JOE. 100% Free Case Evaluation. You have no upfront out of pocket costs. The Joseph Dedvukaj Firm is Better Business Bureau A+ rated.