First Party Insurance Issues after Michigan Auto Accident

**OuCollegeChic85** · 05-02-2006, 03:45 AM

The same thing happened to me in October of 2004. I was rear ended on the expressway and I was going approx. 10 mph because it was stop go traffice and the ppl who rearended me were going at least 55-65 mph...They stopped and then took off, their car stalled a mile up the road. The cops never really did anything except mailed them a letter...I dont get that but they may have been illegal immigrants, not sure but they only spoke spanish so I knew what they were saying at least. But before they hit me I seen it in my rearview mirror that they were going to hit me so I turned my by back to look to see if I was going to have time to swereve in the median and of course I didnt...I really have messed my back up I have MAJOR pain for a while now...Of course I did end up paying for some things and lost money, I feel your pain I DIDNT do anything wrong and I pay a monthly fee to have insurence its flipping ridicolous and it pisses me off...But Im going to the chiropractor now, my health insurence doesnt cover it for sure its HMO HAP, but AAA says they will look into it but my case is old only 1 1/2 dont you have 7 years to claim in Michigan? I thought at least, and please going to the chiro involves alot of commitment in going 3 times a week, I havent had time...Right now my mum has paid everything and we are waiting for AAA to re-imburst us but im leary and I hope they do, if they dont is their anything I can do to fight it? Alls I want is not to be in pain anymore...

**expertlaw** · 05-02-2006, 06:53 AM

(I split that into a new thread as it wasn't a Michigan mini-tort issue.)

Have you ever claimed benefits for your accident from your own auto insurance company? Did you report the injuries to your auto insurance company within the first year after the accident?

**OuCollegeChic85** · 05-02-2006, 06:58 AM

Thanks sorry, didnt realize i posted it wrong...Yes I reported everything with them and they paid for my car to be fixed and a urgent care visit and a couple of dr appts. but after time my back is getting worse and worse and now its just horrible, I was to the point where when I was at work I couldnt pick the kids up. Although now after I have been goin to the chiroprator I feel great, I have gone a long way with a pinched nerve. Still bothers me of course but its at a level of pain that I have excepted.

**expertlaw** · 05-02-2006, 07:25 AM

You should review this article on Michigan First Party No Fault benefits.

It sounds like, as is the case with most Michigan drivers, your insurance policy provides for "coordinated benefits", with benefits coming first from your own health insurance company and secondarily from your auto insurance company. From what you have said, as long as you are properly submitting your claims, your auto insurance company should already be picking up certain uninsured costs and deductibles.

In simple terms, for first party benefits in Michigan you must report your injury to your insurer within one year of the accident (this apparently isn't an issue, as you state that a report was made), and you must submit your claim for reimbursement of medically necessary expenses within one year of the date you incurred the cost.

If your insurance company refuses to pay for benefits your doctor deems medically necessary to the treatment of accident-related injuries, you should consider consulting a lawyer who handles Michigan First Party litigation.