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What are the Notice Provisions Under Your Policy/Other Limitation Periods?

The Michigan No-Fault Statute also contains very specific provisions addressing how no-fault benefits must be claimed and when they are payable. In this regard, there are two important rules to remember. First, an accident victim must give his or her no-fault insurance company written notice in order to be legally entitled to receive PIP benefits. This written notice must be provided within one year of the date of the accident and must set forth the name and address of the claimant and a summary of the time, place and nature of the injuries. Second, the statue also contains a one year enforcement rule. This means that if a particular expense has not been paid by the no-fault insurance company, legal action must be filed within one year of the date that particular expense was incurred or payment of that particular expense will not be enforceable. Therefore, it is very important for accident victims to process their PIP claims expeditiously and to seek legal advice if a benefit has not been fully paid within a few months after it has been submitted. There are exceptions to these one year time rules. For example, if an accident results in catastrophic injury which renders the victim incapable of fully appreciating his or her legal rights, then the one year rules may not apply. This is often the case with persons sustaining serious traumatic brain injury. In addition, the courts have ruled that the one year rule does not apply to children. You should contact an attorney and make sure your claims are processed correctly within the time periods, even with minors and incapacitated persons.

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