What can be seen as a new change to the Michigan’s No-fault Law may make it more difficult for people to obtain their no-fault benefits. In many instances a person involved in an automobile accident is severely injured. They are taken to the hospital where they might spend days or weeks becoming stabilized. Due to the injured person’s incapacity, Hospitals often take it upon themselves to file claims to the injured person’s insurance company so that the bills get paid and the insurance company becomes aware of incident. This practice However, is now threated by a new case, Perkovic v. Zurich American Insurance Company, __ Mich App___ (2015),that was decided on September 10, 2015.
The Court of Appeals ruled that bills sent to the insurance company which included the date of the accident, the type and severity of injures, and the way the accident occurred was not adequate to put the insurance company on notice of the potential claim for no-fault benefits. This has very wide implications, because under the No-Fault Law, if your insurance company is not put on notice of the claim within one year of the accident, they do not have to pay any no-fault benefits. Consequently, insurance companies can deny legitimate claims for medical bills, wage loss, attendant care, and replacement services, even if the hospital attempted to give notice of injury and circumstances to the insurance company. This has just put the most venerable victims of accidents at high risk. The person with the most serious injuries are the ones that often times rely on the Hospital to help make their claim. Now all their rightful benefits under the law are at risk.
So, now more than ever, it is crucial to make sure that your rights are protected and that your insurance company is properly put on notice of the accident, your injuries and your claim following and automobile accident. It is easy to think that your doctors took care of it for you when in fact your insurance company is waiting for a year to pass so that they can deny you the proper benefits. At the Clark Law Office, we have been helping automobile accident victims get their proper benefits for over 30 years. It is very important to make sure that you get the benefits you deserve and consult a lawyer so that your insurance company doesn’t try to bar you from receiving the benefits you paid for.