First Party Claims

Question 1

1st Party claims covered persons

Answer 1

the insured, their spouse, relative domiciled in household
operator of insured vehicle
passengers in insured vehicle
nonoccupants hit by the insured vehicle
operators or passengers of vehicle used to transport passengers
employee, his spouse, or household relative injured while occupying a vehicle owned or registered by employer

Question 2

Motor vehicle operated in business of transporting passengers

Answer 2

passengers collect from the insurer of motor vehicle only if primary function or purpose is for transportation of passengers

Question 3

Persons excluded from coverage

Answer 3

unlawfully taken vehicle- unless reasonable belief they are entitled to use vehicle
uninsured
nonresident drivers and occupants- sue in tort; 50% fault bar
injury in course of employment

Question 4

Vehicles excluded from coverage

Answer 4

Act only applies to motor vehicles

parked vehicles, motorcycles, off-road or all terrain, farm tractors not covered

Question 5

First party claim for pain and suffering?

Answer 5

No

Question 6

Economic loss recoverable under Act

Answer 6

medical expenses
incidental expenses arising out of medical treatment for first 3 years
expenses for rehabilitation
funeral expenses- 1750-5k
wage loss up to 5719
replacement services up to 20/day
survivors loss

Question 7

Full Benefits v Coordinated Benefits

Answer 7

Full- payments from policy regardless of any payments received elsewhere
Coordinated- pay only amount not covered by other plans

Question 8

1st Party Claim SOL

Answer 8

1 year unless notice provided or benefit payments made within one year after accident, claim can be filed as long as within 1 year of most recent losses or expenses

Cannot recover any benefits or losses incurred more than 1 year after the date the suit commenced

Question 9

1st Party claims atty fees

Answer 9

recoverable if insurer unreasonably refuses to pay benefits or delays