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No-Fault Benefit Examples
September 20th, 2010 at 11:38 am   starstarstarstarstar      

Here are a few examples of situations where No-Fault benefits must be paid, although the circumstances of the injury wouldn't normally make someone think they would be.

First let's look at the law which makes no fault benefits payable in a Michigan incident: the Michigan no-fault law states that

No Fault Benefits are payable to anyone who suffers an injury "arising out of* the ownership*, operation*, maintenance* or use* of a motor vehicle* as a motor vehicle*".

I have placed asterisks next to important words or phrases that have special meaning under Michigan's no-fault law. If the injury "arises out of" the "use" of a motor vehicle then no-fault benefits must be paid. An example of this is if you are getting out of your car, put 1 foot on the pavement, attempting to standup but your foot slips, you fall to the ground breaking your hip--- the analysis is your injury arose out of the use of your motor vehicle. Case law that has developed over the years has shown that getting in or out of your vehicle, as long as you're in very close proximity to it, justifies no-fault benefits being paid. This includes all of the medical bills for the injury.

Posted in Legal, News by Jason Waechter, Esq.
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