No-Fault PIP Benefits for a Drunk Driving Accident
Drunk-driving accidents have the potential to destroy lives and tear families apart. The tragic aftermath of a drunk-driving accident will often leave all of those involved searching for answers. If you or a loved one has been injured in a drunken driving accident, you are legally entitled to obtain Michigan no-fault insurance benefits. However, you should understand that your initial benefits, which will pay for many of your medical expenses and your lost wages, will be collected from your own no-fault insurer, regardless of who was at fault in the accident.
The information below provides a brief summary of no-fault PIP benefits available to persons injured in drunk driving automobile accidents. For a comprehensive review of these benefits, visit our PIP Benefits page.
Entitlement to Benefits for a Drunk Driving Accident in Michigan
As a general rule, any person injured in a motor vehicle accident in Michigan is entitled to personal insurance protection (PIP) benefits, which are provided by the individual’s own no-fault carrier, regardless of fault in the accident. Because PIP benefits are not allocated based on fault, both the drunk driver and the innocent party are typically entitled to benefits. These benefits include:
- A right to recover all of the expenses incurred in the care, recovery, and rehabilitation of the injured person;
- Up to three years of wages which were lost by the individual as a result of being unable to work due to his or her injuries; and
- Replacement services, which allow the injured person to hire someone to perform necessary domestic services that they would have performed themselves if not for the injury.
Michigan Fatal Drunk Driving Accidents
If your loved one has been killed in a drunk driving accident in Michigan, you may also be entitled to make a claim for certain “survivor’s loss benefits” from your no-fault insurer. Provided that you are a legal dependent of the deceased, which will typically include spouses and children, you may be legally entitled to collect certain benefits that attempt to compensate for your loss. These benefits may include:
- The value of after-tax income which would otherwise have been provided to you,
- The value of certain benefits and replacement services, and
- Funeral and burial expenses.
Learn more about Wrongful Death Claims in Michigan.
Special Time Considerations
You should understand that there are very important time restrictions on collecting no-fault benefits. The “one year notice” rule requires an injured person to provide his or her no-fault insurer with notice of the accident and all known injuries within one year from the date of the accident. Additionally, the “one year back rule” holds that an injured person may only recover unpaid medical expenses and other PIP benefits which were incurred within the calendar year immediately preceding the filing of the lawsuit to obtain such recovery. MCL 500.3145.
Any individual who has been injured in an automobile accident is encourage to immediately contact an attorney and work diligently with that attorney to ensure that you receive the full slate of PIP benefits to which you are entitled.