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Auto No-Fault Intentional Injuries Exclusion – You Don’t Have to Prove Innocence

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With limited exception, Michigan’s auto no-fault law generally provides every Michigan auto-accident victim with certain financial and medical insurance benefits that pay for accident-related medical care and other related expenses.  Generally, these benefits are payable regardless of whether the injured person claiming them was at fault for the accident. To use an extreme example, a person theoretically could crash their vehicle into a telephone pole while driving under the influence of marijuana or alcohol, with no sleep, while checking their Facebook account on their phone, and they will generally still receive no-fault benefits.  To be clear, we do not endorse or otherwise suggest...

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Steve Sinas Argues Out-of-State No-Fault Case at Michigan Supreme Court

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On November 19, 2018, Stephen Sinas argued an out-of-state no-fault case at Michigan Supreme Court. Sinas Dramis appellate attorney, Joel Finnell, took the leading role on the appellate briefing. The issue in the case was whether our clients, who are Michigan residents, could recover no-fault insurance benefits when they were injured in a motor vehicle crash that occurred in Florida. Furthermore, they occupied a vehicle purchased and used exclusively in Florida at the time of the accident. This vehicle was insured under a Florida insurance policy. However, our clients had no-fault insurance coverage that covered several vehicles they used in Michigan. Home-Owners Insurance Company...

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Extending Michigan’s “One-Year-Back Rule” Will Help Reduce No-Fault Litigation

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By Stephen H. Sinas As the Legislature debates revising the Auto No-Fault Insurance Act, there is one simple change that will vastly improve the no-fault system: extending Michigan's “one-year-back rule." If people have more time to resolve payment disputes with their auto insurance companies, it will help reduce unnecessary no-fault litigation. The one-year-back rule in MCL 500.3145 says that, for any medical expense unpaid by a no-fault insurance company, if a lawsuit is not filed against the insurance company within one year from the date the medical service was rendered, the insurance company will never have to pay the expense. This is...

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Can Victims Of Michigan Semi-Truck Crashes Get No-Fault Benefits?

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Michigan semi-truck accidents are some of the deadliest accidents on the roadways. Every year, there are often over 10,000 heavy trucks and buses involved in collisions on Michigan highways. Nationwide, studies show that 98 percent of semi-truck crashes result in at least one fatality — and about 86 percent of these deaths are not the semi-truck driver. To help reduce fatalities, the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration have proposed a “speed limiter” rule for new vehicles that weigh more than 26,000 pounds. Speed limiters would cap the speed of large vehicles at 60, 65 or 68...

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Coordinated No-Fault Benefits: No More Payment Delays For Medical Providers

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Michigan Court of Appeals decision makes it faster and easier for medical providers to claim PIP benefits under a coordinated no-fault policy.  In St. John Macomb Oakland Hospital v State Farm Mutual Automobile Ins Co (Docket No. 329056, issued 12/8/2016), the Court of Appeals held that medical providers are not required to appeal a health insurer’s denial of benefits before seeking payment of no-fault personal protection insurance (PIP) benefits for the services they've rendered. The St. John decision clarifies last year's ruling in Farm Bureau Ins Co v Blue Cross Blue Shield, 314 Mich App 12 (2015), where the Court said that,...

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What Is “Reasonable Proof” Under The Michigan No-Fault Act?

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Since being enacted more than 40 years ago, the Michigan No-Fault Act has been rather difficult to understand and apply. But despite the Act's overall complexities, there are some no-fault concepts that have retained their elegant simplicity -- and one of these is “reasonable proof." Under the Michigan No-Fault Act, an insurance company is required to pay personal protection insurance (PIP) claims within 30 days of receiving “reasonable proof of the fact and of the amount of loss sustained.” If an insurer fails to do this, it is liable for 12% annual penalty interest. Liability for penalty interest is strict and requires...

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Can You Get No-Fault Benefits & Damages In A Michigan Hit-And-Run Crash?

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No one ever anticipates being in a hit-and-run crash where the other driver flees the scene. If you're injured in a Michigan hit-and-run car accident, one crucial question is whether you're entitled to no-fault benefits to pay your medical bills, replacement services and any lost wages. Another important question is whether you can recover damages for your non-economic loss, like pain and suffering or loss of enjoyment, even though you don't know who hit your vehicle. No-Fault Benefits Under Michigan no-fault law, hit-and-run crash victims are treated like any other car accident victim. This means they are entitled to: allowable medical and rehabilitation...

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Sinas Dramis Attorneys Teach Students About Michigan Auto No-Fault Law

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Michigan auto no-fault law is tricky to understand, especially given the legislative changes in recent years and the numerous court decisions interpreting the No-Fault Act. That is why Lansing auto accident lawyers George Sinas, Bryan Waldman and Stephen Sinas take time out of their busy schedules to teach soon-to-be attorneys at Michigan State University College of Law about Michigan auto no-fault law. The three attorneys, who are partners at the Sinas Dramis Law Firm in Lansing and Grand Rapids, have been adjunct professors at Michigan State University College of Law for several years. [caption id="attachment_5490" align="alignright" width="150"] Stephen Sinas[/caption] With six decades of...

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Just how much are you paying for no-fault coverage, anyway? Check your declarations sheet

Compared to other coverages, the cost of no-fault coverage might not be as high as you think - how does this impact arguments that the cost of no-fault insurance in Michigan is out of control? The cost of no-fault insurance in Michigan has been a significant subject in debates to reform the system. Michigan SB 248, now with a substitute version awaiting a vote by the House, allegedly aims to decrease the cost of no-fault; however, what supporters of the bill fail to mention is that in exchange for cheaper auto insurance, people in this state, especially those who suffer severe,...

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The Truth About Unlimited Medical Coverage & Michigan No-Fault Law

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Contrary to popular belief, Michigan no-fault insurance does not provide unlimited medical coverage. It's important to remember this in the ongoing discussions about reforming the no-fault system. As efforts to revise the Michigan no-fault insurance system continue, it’s unfortunate that some information being provided to the public is inaccurate — particularly the assertion that no-fault insurance provides unlimited medical coverage to persons injured in an auto accident in Michigan. Certain media reports and statements from people involved in no-fault reform have incorrectly conveyed that one reason why Michigan has high auto insurance rates is that “unlimited lifetime medical benefits” are provided to those who...

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