What Happens When No One is At Fault?

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Michigan requires every driver to carry no-fault auto insurance. That means that your insurance pays for your injuries if you’re in a car crash. But what happens to that claim when no one is at fault?

Isn’t Someone Always at Fault?

It may seem that the police write a ticket for every traffic accident. But even when the officer writes the ticket, that doesn’t mean someone will necessarily be found at fault. The acts of a third person, like another driver, or an unexpected medical emergency could excuse the person who hit you. And sometimes, there is no other vehicle. Sometimes you hit a deer or other sudden traffic obstruction.

At Fault or No-fault?

Michigan’s no-fault insurance pays for your medical expenses no matter who is at fault in your accident. So even if you accidentally run a red light or hit a guard rail, you’ll be covered up to a point. But no-fault insurance has its limits, especially when it comes to lost wages and replacement service coverage. Those benefits are capped at 3 years. If your injuries are more severe that could leave your recovery short.

The Third Party Claim

Where fault really comes into play in Michigan is in your third party claim. Where there is death or serious injury, your claim against your own provider can be supplemented by suing the other driver or his or her insurance for damages over and above your no-fault insurance. But you can only collect when you can show the other driver was negligent – had done something wrong. When no one is at fault, there is no one from whom to collect those additional damages.

If you’re in an accident without a negligent party, Michigan’s no-fault insurance law keeps you from having to cover all the costs yourself. Your first-party benefits will make sure your medical needs are taken care of. But you may have trouble collecting additional expenses under a third party claim. That’s why it is so important to hire the best no-fault lawyers. The experts at Christensen Law in Southfield, Michigan, will help you refute claims of medical emergency and track down third parties to make sure all your recovery is covered. If you have been in an accident, contact David Christensen and his team for a free consultation today.