FAQs
- What is Michigan’s statute of limitations?
- What do I need to know about automotive/trucking accidents?
- What is the Michigan Fund?
- What do I do if I have no medical coverage?
What is Michigan’s statute of limitations?
All cases have time limits within which a plaintiff must file a suit:
- Medical malpractice has a two year statute of limitations.
- Automobile no-fault accidents have a three year statute of limitations from the date of injury. - No-fault benefits require a notice to your own insurance company within 12 months.
- Contracts have a six year statute of limitations.
Some exceptions:
- Death requires that you apply statute of limitations from the date that a Probate Judge issues letters of authority to the personal representative. Example: The deceased’s estate is opened three years after the death. This is when the two year statute of limitations begins. In such an instance, you have five years from the date of the death to bring action, as it depends on the date the estate is opened.
- Severe brain damage and quadriplegia may extend the statute.
- Children have a longer time period within which to sue for damages.
- There also may be Notice to defendant requirements i.e. advising a tavern in writing that they may be responsible or Notice to the Michigan Department of Transportation right after the accident.
Call Mr. Kritselis for advice and direction in solving your problems.
What do I need to know about automotive/trucking accidents?
In the State of Michigan, everybody that is injured in a motor vehicle collision is entitled to benefits. These benefits are different than suing for personal injury damages.
Each medical bill incurred should be turned in to one’s own auto insurance company. If you live in a household where no one owns a car with insurance, you may still be covered if the car you were in has insurance.
What is the Michigan Fund?
If there is no coverage of auto insurance, you may be eligible to apply to the Michigan Fund. If you are employed or actively seeking employment, you are eligible to be paid for lost income up to 85 percent of your gross income for a maximum of three years, tax-free. The income may vary depending on your gross income and insurance coverage.
What do I do if I have no medical coverage?
If you have no medical coverage, all of your bills will be paid by no-fault. You have lifetime medical coverage for treatment related to your accident injuries.
If you have Medicare or Medicaid, all accident-related medical bills should be turned into no-fault claims.
Your automobile insurance company should pay for replacement services that include things you did around the household and services to maintain your previous life style.
If your policy is a “coordinated” policy, then your insurance shall pay the bills not paid by your health insurance carrier.
Your company must pay replacement services or household services that you would have performed but for the injuries you sustained in the accident. You are entitled to these benefits for up to three years. Anyone who performs these replacement services is entitled to receive a maximum of $20 a day. This is the maximum amount allowed regardless of how many people perform these services. If you need these services, you should secure a prescription from your treating doctor stating this fact and setting forth exactly what household chores with which you need help.
You must submit, in writing, all expenses to your insurance company immediately after incurring them, including:
- All medical expenses
- Claims for vocational and medical rehabilitation
- Mileage
- Proof of wage loss
- Claims for replacement services
Any bill or claim not paid within 30 days of submission to your company should be reported to this office so that we can intercede on your behalf. It is important that you keep an accurate record of all your medical bills, wage loss, and other expenses. If you run into difficulty collecting payment, contact William N. Kritselis & Associates, P.C. immediately.
In the event that the company refuses to pay expenses submitted to them, you have only one year from that date of denial to file a lawsuit against the company to recover payment.
If you are contacted by anyone other than a representative of my law firm or your own automobile insurance company, give them my name and telephone number. Say absolutely nothing about the accident or anything else.
It is important that you:
- Keep us advised of names and addresses of physicians who have given you treatment.
- Keep us advised if you are injured in any way after this accident.
- Advise us if you have changed your phone number or mailing address.
Please give us a copy of your own automobile policy including the white piece on the cover that tells you how much insurance coverage you have-including the cost.
Your insurance policy should show your monetary ability to recover from an uninsured driver. The next thing you look at is the underinsured coverage. If you have this coverage, your insurance policy may allow you to recover damages in excess of the amount that the defendant’s vehicle has as coverage.
