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Understanding Michigan's No-Fault Insurance: What You Need to Know

Michigan's unique no-fault insurance system and how investigations play a role in claims and litigation.

Michigan has one of the most unique auto insurance systems in the United States. Understanding how Michigan's no-fault insurance works — and how professional investigations factor into claims — is essential for anyone involved in an auto accident case in the state.

What Is Michigan's No-Fault Insurance System?

Michigan's no-fault auto insurance law, originally enacted in 1973 and significantly reformed in 2019, requires every vehicle owner to carry no-fault insurance coverage. Under this system:

  • Each driver's own insurance company pays for their medical expenses and lost wages, regardless of who caused the accident
  • Personal Injury Protection (PIP) benefits cover medical expenses, wage loss, replacement services, and mileage for medical treatment
  • Drivers are generally restricted from suing the at-fault driver unless specific injury thresholds are met
  • This system was designed to provide quick, guaranteed benefits to accident victims while reducing litigation. However, it has also created unique challenges — and opportunities — for investigations.

    The 2019 Reform: What Changed

    In June 2019, Michigan enacted significant reforms to the no-fault system that changed the landscape:

    PIP Coverage Options

    Before the reform, Michigan required unlimited lifetime PIP medical benefits — the most generous in the nation. The 2019 reform now allows drivers to choose from several coverage levels:

  • Unlimited coverage — The traditional full coverage
  • $500,000 coverage — Covers up to $500,000 in medical expenses
  • $250,000 coverage — Available to those with qualifying health insurance
  • $50,000 coverage — Available to Medicaid recipients
  • Opt-out — Available to those with Medicare
  • Fee Schedule Implementation

    The reform also imposed a fee schedule that caps the amount medical providers can charge for treating no-fault patients. This has led to reduced reimbursement rates and, in some cases, disputes about the reasonableness of medical charges.

    Impact on Investigations

    These reforms have made investigations more important than ever. With limited coverage amounts, insurance companies need to ensure benefits are being used appropriately. And with ongoing disputes about medical billing and treatment, investigations help verify the legitimacy and necessity of claims.

    How Investigations Factor Into No-Fault Claims

    Personal Injury Protection (PIP) Investigations

    PIP claims are the most common type of no-fault investigation in Michigan. Investigators are called upon to:

  • Verify the claimant's injuries are consistent with the accident
  • Conduct surveillance to determine if claimed disabilities match actual activity levels
  • Investigate treatment providers for patterns of over-billing or unnecessary treatment
  • Document claimant activities that may contradict reported limitations
  • Research prior claims history to identify potential patterns of fraud
  • Mini-Tort Investigations

    Michigan's no-fault system includes a mini-tort provision that allows limited recovery from the at-fault driver for vehicle damage up to $3,000. Investigations may be needed to:

  • Determine fault in disputed accidents
  • Document pre-existing vehicle damage
  • Verify the extent of claimed damage
  • Third-Party Liability Claims

    While no-fault insurance handles basic economic damages, injured parties can pursue third-party claims against the at-fault driver if they meet Michigan's serious injury threshold. This threshold requires proof of:

  • Death
  • Serious impairment of body function
  • Permanent serious disfigurement
  • Investigations are critical in third-party claims because the burden of proof for meeting the threshold is high. A PI can gather evidence to support or challenge whether the threshold has been met.

    The Role of Surveillance in No-Fault Cases

    Surveillance is the single most impactful investigation tool in Michigan no-fault cases. Here's why:

    Verifying Claimed Disabilities

    When a claimant reports that they cannot work, perform household tasks, or engage in normal activities due to their injuries, surveillance can reveal whether these claims are accurate. Common findings include:

  • Claimants performing physical activities inconsistent with reported injuries
  • Engaging in recreational activities while claiming inability to work
  • Traveling and attending events while reporting homebound status
  • Documenting Recovery Timelines

    Surveillance conducted over time can document a claimant's recovery trajectory. This information helps insurance adjusters and attorneys assess whether ongoing treatment and benefits are still warranted.

    Supporting IME Findings

    Independent Medical Examinations (IMEs) are frequently used in Michigan no-fault cases. Surveillance evidence that supports or contradicts IME findings provides powerful corroboration that strengthens the insurer's or claimant's position.

    Insurance Fraud in Michigan's No-Fault System

    Michigan's generous no-fault benefits have unfortunately attracted significant fraud. Common schemes include:

  • Staged accidents — Intentional collisions designed to generate false claims
  • Paper mills — Clinics that bill for treatments never provided
  • Runner schemes — Individuals who recruit accident victims for fraudulent treatment providers
  • Phantom passengers — People who weren't in the vehicle but file PIP claims
  • The Michigan Automobile Insurance Fraud Coalition estimates that insurance fraud costs Michigan drivers over $1 billion annually, contributing to the state's historically high insurance premiums.

    Professional investigations help combat this fraud through surveillance, background research, and detailed evidence gathering that exposes fraudulent claims.

    What Attorneys Need to Know

    If you're a Michigan attorney handling no-fault cases, here's how a private investigator can support your practice:

    For Plaintiff Attorneys

  • Document your client's limitations to support their claim for benefits
  • Investigate the accident scene to establish fault for third-party claims
  • Locate witnesses who can testify about the accident and your client's condition
  • Research the at-fault driver's history for evidence of negligence
  • For Defense Attorneys

  • Conduct surveillance to verify or challenge the claimant's reported injuries
  • Investigate treatment providers for fraud indicators
  • Research the claimant's background for prior claims or credibility issues
  • Document activity levels that contradict claimed disabilities
  • Working With Priority Investigation on No-Fault Cases

    At Priority Investigation, we have extensive experience with Michigan no-fault insurance cases. Since 2009, we have worked with insurers, attorneys, and self-insured entities throughout Michigan on:

  • PIP claim investigations
  • Third-party liability investigations
  • Surveillance operations
  • Provider fraud investigations
  • IME coordination support
  • Our investigators understand the nuances of Michigan's no-fault system and produce evidence that meets the standards required for Michigan insurance proceedings and courts.

    Contact us today for a free consultation about your no-fault investigation needs.

    Related Topics:

    Michigan no-fault insuranceno-fault investigation MichiganMichigan auto insurancePIP benefits MichiganMichigan insurance investigationno-fault threshold Michigan

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