Michigan No-Fault Out of State Driver
Depending on the state you live in, Michigan’s no-fault automobile laws may seem somewhat familiar to you as many other states have their own version of this system. Michigan’s no-fault system requires every driver to purchase no-fault automobile insurance if they own a motor vehicle as defined by statute. For example, motorcycles are not automobiles for purposes of the state, so no-fault laws do not apply to people riding on a motorcycle. In general, as long as a vehicle involved in a car accident is properly insured, its owner and occupants are entitled to no-fault benefits. However, some people are excluded from no-fault benefits. Among them are out-of-state motorists in out-of-state motor vehicles insured by companies that have not filed a certificate of compliance pursuant to MCL 500.3163.
Michigan’s No-Fault Law As Applied To Out-Of-State Drivers
Can I Sue A Michigan Resident?
Accidents In Other States
Out-of-state residents may sue Michigan residents for damages caused by accidents which occur outside the state of Michigan in either that state or in Michigan.
Accidents in Michigan and Out of State Insurance
So, what about accidents that occur in Michigan? As alluded to in the above paragraph, drivers are excluded if their out-of-state vehicle is not insured by a company that has filed a certificate of compliance. So, in these situations, an out-of-state driver could sue a Michigan resident for damages. However, if their insurer has filed that certificate with the state of Michigan, the out-of-state resident is entitled to no-fault benefits for accidents which occur in Michigan. In these situations, an out-of-state driver would have to make a first-party personal injury claim to their own insurer. They do not have the ability to sue other drivers involved in the accident unless they can show that they have suffered death, permanent serious disfigurement or a serious impairment of a body function.
Can I Be Sued By A Michigan Resident?
If you are involved in an accident with a Michigan resident, regardless of whether that accident occurs in Michigan or some other state, that resident does not have the ability to sue you unless they can prove death, permanent serious disfigurement or a serious impairment of a body function.
Michigan’s no-fault auto insurance law is arguably one of the most complex in the country, and its nuances can be confusing even to people who spend their whole lives in the state. Everyone registering a vehicle in the state of Michigan is required to have no-fault insurance which includes personal injury protection (or PIP) benefits, and the proper insurance policy to claim against is one’s own policy, which may seem strange to people from other state’s. This raises a question as to what happens when someone from out of state is injured in an auto accident in Michigan. Michigan’s law covers these situations, and someone from outside the state of Michigan who is injured in an auto accident in Michigan may qualify for benefits, but that determination is going to depend on certain facts of the situation. If you are from out of state and injured in an auto accident in Michigan, you will want to speak with an attorney familiar with the Michigan’s no fault law to help you determine if you qualify, and to help ensure you get the benefits you deserve.
In the event that a family member has been killed, and Michigan’s no-fault law applies to you, survivor benefits are appropriate. These benefits cover financial support that the dependents would have received, plus $20.00 a day for replacement services. In these situations, a plaintiff must submit proof of lost support that would have been received had the decedent not died. There are two kinds of survivor’s loss benefits which are recoverable: the replacement of “contributions of tangible things of economic value” (wages, pensions, etc.) and expenses for replacement services (shoveling snow, mowing the lawn, walking the dog).
Statute of Limitations
In Michigan, first-party claims (suing an insurance company) must be filed, or written notice must be given to the insurer, within one year of the accident. Third-party claims against other drivers involved in an accident must be sued, as long as it is appropriate to do so under the circumstances, within three years of the accident.
Contact a Michigan No-Fault Out of State Driver Attorney
If you have been involved in a car accident in Michigan, it is important to contact an attorney right away. Michigan no-fault law is complex, and only an attorney can provide accurate advice on whether a lawsuit is appropriate, or how best to defend one in the event that you have been sued. Call our office today at (248) 588-3333. If you require additional information, please visit Michigan No-Fault Out of State Auto Accident Attorney.