Pedestrian Accidents – No-Fault Benefits

A lot of students and other residents Washtenaw County residents don’t own a car or carry no-fault insurance. Whether you are car-free or you don’t have a no-fault policy, you are still covered after pedestrian accidents.

Priority of who pays after a Pedestrian AccidentsThere is a lot of foot traffic in Ann Arbor, Ypsilanti, and other urban areas of Washtenaw County. More people walking means a higher risk of pedestrian accidents. Michigan no-fault law has you covered, even if you don’t own a car insurance policy yourself. After a pedestrian accident involving a motor vehicle, the law makes sure your medical expenses, lost wages, and other expenses are covered. The question isn’t whether you are covered, but by which insurance company.

Priority of No-Fault Insurance Providers in Pedestrian Accidents

Just like any other auto accident, your first stop should be your own no-fault auto insurance provider. Whether you were in a vehicle or hit by one, your no-fault insurance has you covered.

But especially in the many college towns in Washtenaw County, there are a lot of people who don’t have their own auto insurance policy. In that case there is a priority among the other insurance companies that might be involved:

  1. Resident Relative’s Policy: If your spouse or a member of your family in your household has an auto insurance policy, you may be able to collect your no-fault benefits under that policy. For college students, the question of “residence” can be tricky. Make sure you talk to your pedestrian accident attorneys about your particular situation to see if you qualify to use your parents’ insurance.
  2. Owner of the Vehicle: If no one in your household has a policy you can use, you should turn to the owner of the car that hit you. Everyone who owns a vehicle in Michigan is required to cover that vehicle with a no-fault insurance policy. But just because they are supposed to doesn’t mean that every car will be insured.
  3. Driver of the Vehicle: If the motor vehicle that hits you is uninsured, you can also file a claim against the driver’s insurance. It is illegal to drive a car in Michigan without a no-fault insurance policy. But just like with owners, some drivers take the risk and drive uninsured.
  4. Assigned Claims Facility: Even if you have exhausted all the other possibilities, Michigan law still makes sure your injuries are covered. Your case will be sent to the Michigan Assigned Claims Facility and then assigned to one of the insurance providers licensed to sell policies in the state. They pay for your expenses just like if you had a policy. However, assigned providers will often dig to find a policy of higher priority to get out of paying the bill.

The question of who pays your benefits after a pedestrian accident can be difficult if you don’t understand the law. The pedestrian accident attorneys at Christensen Law have been handling cases like this for over 20 years. They will help you file the right claim with the right company.