The Clark         Law Office

Practice Areas

• Personal Injury
  • Auto Accidents
  • No–Fault Insurance
  • Truck Accidents
  • Motorcycle Accidents
  • Dog Bites
  • Slip and Fall
  • Wrongful Death
  • Construction Accidents
  • Nursing Home Injuries
  • Boating & Jet–Ski Accidents
  • Bus Accidents
  • Birth Injuries
  • Defective Products
  • Motor Vehicle Defects
  • Medical Malpractice
  • Burn Injuries
  • Brain Injuries
  • Spinal Injuries
  • Pedestrian Accidents
  • Dangerous Drugs
  • Police Misconduct
• Criminal Law
  • Drunk Driving
  • Drug Charges
  • Drug Possession
  • Drug Possession with Intent
  • Drug Conspiracy
  • Drugged Driving
  • Medical Marijuana
  • Child Abuse
  • White Collar Crimes
  • Expungement
  • Felonies
  • Arson
  • Firearm & Gun Charges
  • Theft
  • Domestic Violence
  • Traffic Violations
  • Assault and Battery
  • Criminal Sexual Conduct
  • Misdemeanors
• Family Law
  • Divorce
  • Custody
  • Child Support
• Worker's Comp
  • Independent Contractor
  • Maximum Improvement
• Social Security
  • Applying for Benefits
  • How Social Security Works

Michigan No-Fault Insurance Law

The state of Michigan carries auto no-fault insurance laws. The premise behind this law is to make sure that injured victims get the insurance benefits that they require following a car accident. The term no-fault means that it doesn't matter who was at fault for the accident. Regardless of the guilty party, both drivers will receive insurance benefits if the injuries are related to the accident. In exchange for the right of both drivers regardless of who is at fault for the accident to be protected, the no-fault law also limits your ability to bring about tort liability claims. To further understand this concept, it's important to realize that an auto accident will have two different claims. The first claim relates to personal protection insurance also referred to as first party benefits and the second claim relates to a tort liability claim which is referred to as third party benefits.

A first party claim describes the situation where you are recovering auto insurance benefits from your own insurance company and is the most common type of claim. Under Michigan no-fault law, these economic benefits are called personal injury protection benefits or PIP benefits. The law breaks down these benefits into 5 categories including allowable expenses benefits, wage loss benefits, replacement service expenses, attendant care expenses, and medical mileage expenses.

A third party claim is the situation where you are attempting to recover for your injuries by suing the negligent party or driver. As I mentioned previously, since we have no-fault law in Michigan, we give up the right for every driver to sue the party responsible for the accident. Instead, there are strict and confusing thresholds that must be met in order to qualify for a third party claim. There are three situations which qualify and meet this particular threshold. If you can prove that you have sustained a serious impairment of an important bodily function, sustained permanent disfigurement, or the accident resulted in death, then you will qualify for a third party claim against the other driver. The definitions of these three rules are highly contested and have become difficult to prove.

No-fault law is intended to simplify legal issues regarding auto accidents, but unfortunately it seems to add in many regulations and thresholds that must be met. David M. Clark and Matthew R. Clark have tons of experience dealing with the complexities of Michigan no-fault law and know the best way to handle your case. The laws are constantly changing so it's important to hire an attorney with a great deal of knowledge about current insurance laws. We have over 30 years of experience litigating auto accident cases and winning in trial. Regardless of the situation of your injury, we can help you get the maximum compensation you deserve.