No-Fault Task Force
The No-Fault Act is the central authority for motor vehicle accidents in Michigan. OWD established its No-Fault Task Force to zealously represent insurers, motor carriers, owners and operators and navigate our clients through the ever-evolving landscape of the Michigan No-Fault Act. From the initial claim submission to litigation and through the appeal process, OWD's No-Fault Task Force provides experienced attorneys who are dedicated to understanding how the intricacies of the No-Fault Act impact any type of accident involving a vehicle. Within the No Fault Task Force, our attorneys have carved out specialties, including:
- First-Party, Personal Injury Protection;
- Uninsured and Underinsured Motorist Coverage;
- Third-Party Automobile Negligence and Ownership Liability;
- Personal Property Protection and property damage;
Personal Injury Protection ("PIP")
The initial fact gathering and investigation for PIP claims is of paramount importance. As many insurance companies are aware, even minor oversights for a nominal PIP claim can result high costs and unnecessary litigation. OWD's No-Fault Task Force works closely with our clients consulting insurance companies on all types of pre-litigation issues involving PIP claims. OWD's services include, but are not limited to:
- Crafting claims forms, including Applications for Benefits, and Affidavits for replacement services and attendant care;
- Coordination and reporting with the Michigan Catastrophic Claims Association ("MCCA")
- Claims and fraud investigations;
- Wage loss determinations
- Recommendations for independent medical evaluations ("IMEs") or other experts;
- Taking Examinations Under Oath ("EUOs");
- Coverage and priority investigations; and
- Drafting written responses to claim submissions that satisfy the obligations under the Michigan No-Fault Act and the policy of insurance.
In addition to consultation, OWD's attorneys are also highly skilled in PIP litigation with respect to defending lawsuits filed by the insured, priority disputes, reimbursement claims, subrogation, Michigan Assigned Claims, Declaratory actions, Fraud/Material Misrepresentation and provider suits pursuant to assignment.
Uninsured | Underinsured Motorist Coverage ("UM/UIM")
While UM and UIM coverage are a matter of contract, it is critical to understand how the Michigan No-Fault Act impacts coverage determinations, liability determinations and subrogation rights. OWD's No Fault Task Force is well versed in all aspects of UM/UIM coverage, as well as defending lawsuits for UM/UIM benefits.
OWD's services include but are not limited to:
- Policy review and coverage opinions;
- Coverage obligations when other insurance is involved;
- Exposure analysis; and
- Litigation defense.
Third Party Negligence And Ownership Liability
OWD's No Fault Task Force is ready to defend your insureds in any Third-Party Negligence action throughout Michigan. Our attorneys are equipped to efficiently evaluate the experts and proofs required to structure an effective liability defenses based on the injuries and damages alleged. In addition to operator negligence and ownership liability, OWD's attorneys defend claims with respect to negligent entrustment, negligent supervision and respondeat superior. The No Fault Task Force also carefully monitors the Michigan No-Fault Act, Michigan Motor Vehicle Code and updates in case law to provide your insureds cutting-edge defense strategies.
OWD's No Fault Task Force works closely with insurance companies and their insureds to consult on coverage and damage determinations with respect to property damage claims, including but not limited to the following:
- Coverage obligations and exclusions for Property Protection Insurance benefits under the Michigan No-Fault Act;
- Mini-tort liability;
- Proper measure of damages and exposure analysis; and
- Litigation defense.