Michigan's complicated No Fault Law severely restricts recovery for pain and suffering to only the most severe auto injuries or scars. Recently the Supreme Court has limited them even further. However, all injured auto accident victims are entitled to medical and wage-loss benefits regardless of fault in the accident. The wage-loss benefit is 85% of your gross pay for up to three years from the time of the accident. Medical benefits, including Attendant Care and Replacement Services are also payable. Usually, your own car insurance has priority to pay these benefits. You have 1 year from the accident to make a claim for these losses.
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What To Do After An Accident
If you are involved in an accident involving injury, or substantial damage to property, stay at the accident scene until the police tell you that you can leave.
Information to Obtain
In any accident, you should obtain the following:
Be aware that if litigation results from the accident, you may have to share your notes with somebody that you are suing, or somebody who is suing you.
Do not make statements to anybody at the accident scene, except for the police. When you speak to the police, tell them only the facts of what happened. Let the officers draw their own conclusion from the facts.
Get Medical Treatment
See a doctor. Michigan's no fault insurance law covers medical treatment necessitated by a car accident. If you don't seek medical attention, you may find that you are unable to obtain "no fault" benefits for your injuries -- your insurance company may argue that your injuries arose from something that happened after the accident. If you sue the other driver for injuries you suffered, you may similarly find that the other driver argues that your injuries were not related to the accident. Also, the "adrenaline rush" from the accident can mask your symptoms -- a physical examination may reveal an injury that you do not yet feel.
Your No Fault Rights
If you are injured in a car accident, please be sure to learn your rights under Michigan's "No Fault" law, including your right to medical care, lost wages, and rehabilitative services under "First Party" No Fault law, and your right to sue for damages under "Third Party" No Fault law.