There are some exceptions to the priority rules: If you’ve been injured in an accident in Michigan, your focus should be on recovering from your injuries, not spending time trying to understand Michigan’s complex no-fault insurance laws.
The Court of Appeals held that, applying the plain language of both Progressive's named driver exclusion and MCL 500.3009(2), at the time of Pillars' accident, all liability coverage was void because an excluded driver was operating the vehicle.
Pillars' act of driving the insured vehicle rendered the vehicle uninsured, and there was no personal liability or property damage "security" as required by MCL 500.3101 in effect at the time of the accident.
Lastly, some insurance policies specifically exclude family members suing each other for damages.
If you were injured as a passenger as a result of a family member's negligence behind the wheel, then contact Muth Law immediately to discuss your claim.
The no-fault law establishes these priorities: The injured person must first make a claim for no-fault (PIP) benefits with his or her own insurance company, which is the company that issued a policy in which he or she is named as an insured.
If the injured person is not named on an auto insurance policy, he or she may claim no-fault benefits from the insurance company of a spouse.In most circumstances, you have three years to file a third-party claim against the at-fault driver. In Michigan, there is a specific order in which the passenger can make an insurance claim.You should always get healthy and focus on your recovery. It applies no matter who is at fault in the accident.We know how to get compensation for injured passengers due to the negligence of family members.As with any Michigan vehicle accident, the first order of business is to get well. For a passenger injured in an accident that was the fault of the person driving the car in which the injured person was riding, no-fault benefits are usually available.Pillars was injured while driving the subject auto, and plaintiff Bronson Methodist Hospital treated Pillars for her injuries.When Progressive denied PIP benefits to Pillars, Bronson brought separate suits against Progressive and the Michigan Assigned Claims Facility ("MACF") (in case Progressive was found not liable to Bronson).Sometimes it's a close friend, an acquaintance, or a even family member: They agree to drive, but through their own fault, injure the passengers.They may collide with another vehicle, loose control on an icy road, or strike a tree.If neither the injured person nor his or her spouse have no-fault insurance, the injured person may claim benefits from the insurance company of a relative of either the passenger or his/her spouse who lives in the same household (“resident relative”).If the injured person does not have either a no-fault policy or a spouse or resident relative with a no-fault policy, the injured individual may recover no-fault benefits from the insurance company of either the of the car in which the injured person was riding.