Under Michigan law, a person involved in a motor vehicle accidents are entitled to Michigan no-fault benefits. These include things like wage loss benefits, payment of medical bills, reimbursement for prescriptions and payment to family members for completing household chores and taking care of the car accident victim.
But what if you are a pedestrian? Are you still entitled to these benefits? The short answer is yes. So long as a person sustains an accidental bodily injury “arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle”, the accident victim is entitled to benefits. This is true even if a person is crossing the street, riding a bike or simply walking.
But what does “arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle” mean for purposes of obtaining Michigan no-fault benefits? Simply stated, all persons injured due a motor vehicle’s involvement in causing injury are probably entitled to benefits. Though there are certain exceptions – in particular with parked vehicles – a person injured because a motor vehicle caused an accident to happen will most likely be eligible for benefits.
Entitlement to Michigan no-fault benefits are also available to pedestrians who don’t have car insurance or have any car insurance policies in their household. Typically in these situations, the car insurance for the owner of the vehicle involved in the accident will be responsible for the payment of no-fault benefits.
Pedestrians are also eligible for benefits even if they are at-fault for causing the accident. Under the law, personal protection insurance benefits (no-fault benefits) are due to claimants without regard to fault. MCL 500.3105(2).
So just because you are a pedestrian does not mean you can’t get Michigan no-fault benefits. In fact, it’s just the opposite.
Should have any questions, please give us a call at 1-800-LEE-FREE or 1-800-533-3733 and answer any questions you may have. We have been helping people obtain their Michigan no-fault benefits for over 40 years.
