LAWYERS FIGHTING FOR YOUR NO FAULT INSURANCE RIGHTS
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:
Under MCL 500.3113, you can be disqualified from receiving PIP insurance benefits, if one of the following circumstances exist:
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.
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.
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.
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.”
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.
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