Michigan NO FAULT – Personal Injury Protection

michigan-no-fault-lawADVOCACY:

I feel it is imperative that I voice my strong and unequivocal support for the NO FAULT system and voice that I speak about this system from personal experience….not just opinion from a desk somewhere trying to increase our financial “bottom line” (like insurance companies want to do) without knowing or understanding the ripple affect of taking this much needed program away or altering it for the patients whose lives literally depend on this system being in place.

No Medical Limits For Life (no Financial Caps on  reasonable and necessary Care for injuries related to wreck):

I just want to say that here we are almost 3 years later and we are still discovering injuries acquired from the wreck.  These would not have been found and treated if it were not for the current No Fault System and my disabilities would have been much more extensive.

I never would have been able to get out of the wheelchair, or have the majority of the use back in my right arm without the lifesaving reconstructive surgeries in MN by Dr. Peter Cole. I wouldn’t have gotten the life saving Rib Surgery here locally by an Orthopedic Surgeon to plate ribs 5,6,7,8,9,and 10.  I wouldn’t have had access to all the Specialists I have see or been referred to.

I wouldn’t have received the extensive and ongoing Physical Therapy, Occupational Therapy, Speech Therapy and Counseling needed to help me Rehabilitate.progress

I would not have been given the majority of the radiology (Xrays, CT Scan, MRI’s, etc), EMG’s, EEG, and other testing; the Dental Repairs, the Vision Therapy, the Audiology Testing and Follow-Up Care, Case Management, etc.

I would not have been given Recreational Therapy and Vocational Therapy to help me return to some form of a quality of life.

Household Services (Replacement Services) and Attendant Care:

Without these things in place I would not have been able to come home to a hospital bed to be near my children and my family after NeuroRehab.  I was able to be cared for in my home where there was less chance for infection, higher rate of healing ability in a real world environment, by my family or caregiver of my choice.  I was more and more appreciative as time went on and it allowed me to be near my husband and my children and them near me.  A cap on Attendant Care would be Catastrophic for any Survivor.  There were some weeks that I needed 24 hour care 7 days a week.  Other weeks 16 hours of care then 14 then 10 then 6 then 4 hours per day seven days per week.  This continually varied based on what was going on with me.  I often used several hours a day 7 days per week after each major surgery.

Without this system in place.  I know for a fact, without a doubt, I would be dead 2.5 years ago now due to the Polytruma I sustained which included multiple orthopedic injuries and multi-system involvement.

There are a lot of  things that have been resolved.  There are some injuries I will have for life (like my back injuries, hardware in my body that may need replaced later in life, and various other injuries being cared for, etc.  I wake up every day….grateful for my life.  Grateful for the NO FAULT system here in Michigan.

I am the poster child of sorts about how the success of the NO FAULT system can work when given the care needed.  I will also add that if the insurance company did not fight this benefit so much, it would have cost less over time as I would have received recommended treatments in a more timely manner and not have had to suffer the debilitating chronic pain of unhealed fractures, nerve damage due to delayed treatment,  and exacerbation of other disabilities for the duration of time that I did.

I will also say that there needs to be an educational process in place for families and patients from the beginning on what is available and how to fill out paperwork properly etc.  This would eliminate a lot of challenges that present themselves by learning things the hard way.

I can say that I didn’t even know what NO FAULT insurance was until falling victim to this catastrophy and needing what NO FAULT provides to either live or die.

So What is Auto NO FAULT?  There are several states that have it….Michigan is the most comprehensive.

A Michigan no-fault policy provides unlimited medical  and rehabilitation benefits. It provides wage loss benefits for up to three years, and $20 per day for replacement services if you are injured in an auto accident, regardless of fault. In exchange for these benefits, Michigan motorists gave up the right to sue in auto accidents except when someone is killed
or very seriously injured. Because of this, disputes over who was at-fault in an accident will not hold up payment of medical bills. Michigan is unique in that damage to vehicles also falls under the no-fault system. This, too, saves time and money in claims payment. Michigan drivers must buy collision and/or comprehensive insurance to cover damage to
their own car.

The Michigan Catastrophic Claim Association (MCCA) was established in 1978. The MCCA
pays for claims paid by an insurer that exceed a certain amount. All insurers that sell auto insurance in Michigan must pay the MCCA an annual fee for each vehicle insured. That fee is known as the MCCA assessment, and is passed on in whole or in part to the policyholders.

The Basic No-Fault Policy Has Three Parts:

Personal Injury Protection (PIP) -If you are hurt in an auto accident, this part of your no-fault policy will pay all of your medical costs. It will also pay up to 85% of the income
you would have earned if you had not been hurt, for up to three years.

Property Protection (PPI) No-fault will pay up to $1 million for damage your car does in Michigan to other people’s property, such as buildings and fences. It will also pay for damage your car does to another person’s properly parked vehicle. It does not pay for any other damage to cars.

Residual Bodily Injury and Property Damage Liability Insurance (BI/PD)

What is an Assigned Claim?

The State of Michigan established the Michigan Assigned Claims program in 1973 to provide assistance to people injured in an accident involving a motor vehicle, when there is no automobile insurance available.

The Secretary of State managed the Assigned Claims program until December 17, 2012, when it transitioned to the Michigan Automobile Insurance Placement Facility.

The state of Michigan provides a safety net of insurance coverage for no-fault (PIP) benefits in situations where a person is involved in a car accident, but there is no insurance company available to provide no-fault benefits.

The name of the safety net is an organization called the Michigan Automobile Insurance Placement Facility (MAIPF), formerly known as the Michigan Assigned Claims Facility. The Michigan Automobile Insurance Placement Facility (MAIPF) is considered the insurance company of last resort.

The Michigan Automobile Insurance Placement Facility (MAIPF) administers the Michigan Assigned Claims Plan, which sets out the procedures for ensuring that Michigan No Fault benefits are provided to uninsured auto accident victims.

The Michigan Automobile Insurance Placement Facility (MAIPF) does not apply to a person driving an uninsured car that is owned. However, if an individual who doesn’t have auto no-fault insurance is injured in a car accident in a non-owned vehicle, and if there is no other insurance company of higher priority, then the Michigan Automobile Insurance Placement Facility (MAIPF) would provide payment of benefits.michigan-no-fault-law

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