Pedestrians’ Entitlement to Benefits
Pedestrians who are injured in accidents involving motor vehicles may be entitled to receive personal injury protection (PIP) benefits under the Michigan No-Fault statute. In most cases, these accidents involve pedestrians who are actually struck by a car, but physical contact is not necessarily required. The pedestrian may be entitled to benefits so long as the motor vehicle played a significant role in causing the pedestrian’s injuries.
Under the no-fault statute, PIP benefits are collectible regardless of fault in the accident. This means that, in most cases, the injured pedestrian will be entitled to collect such benefits so long as his or her injury stemmed from an accident involving a motor vehicle. The injured pedestrian need not establish the motorist’s negligence to collect PIP benefits.
Types of Benefits the Pedestrian May Recover
Under MCL 500.3107 of the Michigan No-Fault statute, an injured pedestrian may be entitled to collect the following PIP benefits:
- Reasonably necessary medical expenses associated with the injury;
- Lost wages for up to three years;
- Replacement service expenses incurred in hiring someone else to perform domestic tasks the injured pedestrian would otherwise have performed him or herself; and
- Survivor’s loss benefits, which are collectible by the estate of the pedestrian if the pedestrian dies as a result of his or her injuries.
Learn more about PIP benefits under the Michigan no-fault statute.
Determining Who Will Pay Your Benefits
The general rule under the Michigan no-fault statute is that anyone injured in an accident involving a motor vehicle must first look to his or her own no-fault insurer to provide PIP benefits. This rule is applicable for injured pedestrians, meaning that an injured pedestrian who is struck by a car will look to their own no-fault policy, even though their own motor vehicle may not have been involved in the accident. MCL 500.3114
If coverage is unattainable through the pedestrian’s own no-fault policy, the law allows the injured person to look elsewhere for coverage, but also instructs that the injured person must follow a particular priority order in seeking such coverage.
Determining the priority of multiple insurers may be complicated. If you find yourself in such a situation, you are encouraged to contact an attorney who can help you determine the appropriate insurer and assist you with obtaining the benefits to which you are entitled.
Learn more about the priority of insurers.