Metro Detroit Car Accident Attorney
Michigan divides the rights of those injured in a car accident into two types of claims: a first-party claim and a third-party claim (What’s the difference between a first-party auto accident claim and a third-party auto accident claim?). First-party benefits are commonly provided by your own auto insurance company and provide compensation for certain economic losses: typically hospital and medical expenses, wage loss and replacement services.
In order to receive the maximum first-party benefits, the claimant must provide notice to the responsible insurance company within one year of the accident (tweet this). Submitting an application for benefits constitutes proper notice. While most no-fault car insurance carriers have their own application for benefits, generally they will require a description of the accident, including where, when, and who was injured; a description of the injuries; and a claim for no-fault benefits.
If proper notice is not submitted to the insurer within one year of the date of the auto accident, the claim for benefits is barred. If there is a question or dispute as to who is the responsible no-fault insurer, a written application for benefits should be sent to each insurance company that may be responsible for paying benefits. This may include an application of benefits to the Michigan Assigned Claims Plan. For a sample application for benefits that can be used for the Michigan Assigned Claims Plan, click here.
It is important to list each and every injury that you are suffering from as a result of the accident. You are not required to list the precise diagnosis at the time you apply (in fact, you likely may not know the exact diagnosis) but should generally list each area injured: head injury, neck injury, shoulder injury, back injury, etc. Additionally, if additional injuries are discovered after your submit your application, you should send a written addendum to the insurance company.
If you need assistance with an application for no-fault benefits, you should consult an experienced Michigan car accident attorney to ensure your claim for benefits is protected.