Can injured pedestrians receive Michigan PIP no-fault benefits?
Pedestrians who are injured in accidents involving motor vehicles may be entitled to receive personal injury protection (PIP) benefits under the Michigan No-Fault statute. In most cases, these accidents involve pedestrians who are actually struck by a car. However, physical contact isn’t necessarily a requirement. In some instances, the pedestrian may be entitled to benefits so long as the motor vehicle played a significant role in causing the pedestrian’s injuries.
Under the no-fault statute, PIP benefits are collectible regardless of fault in the accident. Therefore, in most instances, the injured pedestrian may collect such benefits so long as his or her injury stemmed from an accident involving a motor vehicle. The injured pedestrian doesn’t have to establish the motorist’s negligence in order to collect PIP benefits. When the pedestrian suffers injury as a result of the driver’s negligence, the pedestrian may be eligible to pursue certain damages against the at-fault driver.
Navigating the oftentimes confusing claims process can be complicated. It’s always best to seek advice from an experienced Michigan personal injury attorney. Call us today for an initial case review to see how we can help you at 866.758.0031.
Pedestrian No-Fault Benefits
Under the Michigan No-Fault statute, an injured pedestrian may be entitled to collect the following PIP benefits:
- Reasonably necessary medical expenses associated with the injury;
- Lost wages for up to three years;
- Replacement service expenses incurred in hiring someone else to perform domestic tasks the injured pedestrian would otherwise have performed him or herself; and
- Survivor’s loss benefits, which are collectible by the estate in the unfortunate event of death.
Determining Who Pays Your Benefits as an Injured Pedestrian
The general rule under the Michigan no-fault statute is that anyone injured in an accident involving a motor vehicle must first look to their own auto no-fault insurer for PIP benefits. This rule is applicable for injured pedestrians, meaning that an injured pedestrian who is struck by a car will look to their own no-fault policy, even though their own motor vehicle may not have been involved in the accident.
However, in many cases, pedestrians don’t have auto no-fault coverage. Many times, people who choose to walk or ride their bike commute don’t own a car and therefore don’t have a no-fault policy. If a pedestrian doesn’t have their own no-fault policy, the injured person must submit his or her claim for no-fault benefits to the Michigan Department of State, Assigned Claims Facility. This is a governmental office that has been established as the “place of last resort” for auto accident victims. When a claim is submitted to the Facility, it is randomly assigned to one of the many auto insurance companies authorized to do business in the State of Michigan.
Important: Under the Michigan no-fault reforms of 2019, any person claiming benefits through the Assigned Claims Plan is limited to only $250,000 of medical expense coverage for their injuries.