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Michigan No-Fault Law

The law in Michigan provides that an accident victim may recover pain and suffering damages if he or she suffered "serious impairment of body function, permanent serious disfigurement, or death."

Serious impairment of body function requires that the impairment be of an important body function, which impairs the ability to lead a normal life. However, an impairment need not be permanent to be serious. With regard to disfigurement, it must be both serious and permanent.

The no-fault law also provides that if you sustain accidental bodily injury arising out of the use, operation or maintenance of a motor vehicle, your insurance company may be responsible to pay the following types of benefits:

(a) Allowable expenses: These consist of all reasonable charges incurred for reasonably necessary attendant care, products, services and accommodations for your care, recovery or rehabilitation. They include medical expenses.

(b) Work Loss Benefits: This consists of 85% of your loss of income from work you would have performed during the first three (3) years after the date of the accident if you had not been injured.

(c) Replacement Services Expenses: These consist of expenses not exceeding $20.00 per day reasonably incurred in obtaining ordinary and necessary services in place of those you would have performed during the first three (3) years after the date of the accident, not for income but for the benefit of yourself or your dependents.

Benefits are overdue if not paid within thirty (30) days after you have provided to the insurance company reasonable proof of the fact and the amount of the loss.