How to Ensure the At-Fault Party’s Insurer Accepts Liability for Medical Expenses
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Michigan’s no-fault insurance law, Personal Protection Insurance (PIP) covers your medical expenses regardless of fault. However, when injuries exceed PIP limits or you qualify to file a third-party claim, you must persuade the at-fault party’s liability insurer to accept responsibility. Follow these key steps to strengthen your position:
1. Report the Accident Promptly
File a police report within 10 days of the crash (MCL 257.505). A certified copy of the report bolsters your claim and documents fault.
2. Seek Immediate Medical Treatment
Get prompt medical care and keep all records. Detailed treatment notes, imaging scans, and physician reports create an unbroken chain of evidence tying your injuries to the crash.
3. Preserve Evidence of Fault and Damages
Collect photographs of the scene, vehicle damage, and visible injuries. Obtain witness contact information. Secure all medical bills, receipts, and records to establish your expenses.
4. Submit a Formal Demand Package
Draft a demand letter outlining:
- Summary of the accident facts and police report citation
- Medical chronology and itemized bills
- Documentation of lost wages, if applicable
- Copies of supporting evidence
Send this package to the at-fault insurer by certified mail. Michigan Court Rule 2.305(B) recommends clear demands and deadlines.
5. Use Letters of Protection if Needed
If providers demand upfront payment, issue a Letter of Protection. This agreement ensures your doctor or therapist will be paid from your settlement, allowing continued care without out-of-pocket costs.
6. Consider Alternative Dispute Resolution
If the insurer disputes liability or the value of your claim, request appraisal or mediation under MCL 500.3142. Neutral evaluation can prompt a fair offer without full litigation.
7. File a Lawsuit if Liability Remains Denied
If negotiations fail and you meet the “serious impairment of body function” threshold (MCL 500.3116), file suit in district or circuit court. Serve the at-fault party under MCL 600.2946 and proceed with discovery to compel insurer cooperation.
Helpful Hints
- Keep a detailed accident journal: note symptoms, treatment dates, and out-of-pocket costs.
- Photograph injuries over time to document healing or lingering pain.
- Follow your medical provider’s advice exactly to avoid insurer challenges.
- Track all correspondence with insurers: dates, times, and representatives’ names.
- Respond to insurer requests promptly to maintain momentum on your claim.
- Consult an attorney if the insurer undervalues your claim or denies liability without basis.