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Who Pays First After a Michigan Crash: Auto or Health Insurance?

Who Pays First After a Michigan Crash: Auto or Health Insurance?

Which insurer pays first depends on your auto policy and health plan. With coordinated personal injury protection (PIP) medical coverage, health insurance generally pays first, and PIP may cover eligible expenses that remain. With uncoordinated PIP medical coverage, the auto insurer generally pays covered crash-related medical expenses without requiring you to use health insurance first.

How do I check which coverage applies?

The first place to look is the declarations page and coordination endorsement for the auto policy in effect during the crash. If you can’t find the necessary information there, ask your insurer. You need to know whether your PIP medical coverage is coordinated or uncoordinated, the applicable deductible and your PIP medical limit.

The distinction between coordinated and uncoordinated coverage follows Michigan’s coordination statute and the Michigan Department of Insurance and Financial Services (DIFS) guidance on coordinating auto and health coverage.

Coordinated coverage is different from a valid PIP medical exclusion or opt-out. It allows for PIP medical coverage to remain available as secondary coverage, subject to its conditions.

A person validly excluded from PIP medical coverage under a policy may have no PIP medical backstop under that policy.

Qualified health coverage (QHC) is coverage that meets Michigan’s legal requirements for certain PIP medical coverage choices. Eligible people with QHC can elect an exclusion under the $250,000 PIP medical option. The separate option to opt out of PIP medical coverage requires the applicant or named insured to have Medicare Parts A and B, with additional coverage requirements for their spouse and resident relatives. A QHC letter does not, by itself, establish that health insurance pays first. DIFS explains the difference between coordination and QHC.

If the unresolved question is which auto insurer handles your PIP claim, the Michigan medical-bill priority rules address that separate issue.

What can change that payment order?

Medicare

PIP medical coverage normally pays before Medicare for accident-related services. If the responsible insurer does not pay right away, Medicare may make a conditional payment that can later be recovered.

Whether Medicare covers the service and whether PIP remains available still matter. Medicare’s payment-order guidance explains this distinction.

Medicaid

Medicaid generally pays after other coverage that is legally responsible for the bill, but it does not necessarily cover every remaining expense. Medicaid’s coordination guidance describes its role after other liable resources.

Employer health coverage

Some employers fund health benefits themselves, even when an insurance company administers the claims. For a qualifying self-funded plan governed by the federal Employee Retirement Income Security Act (ERISA), plan terms conflicting with the auto policy can change the usual payment order. The plan’s coordination terms receive full effect under the precedent set by Auto Owners Insurance Co. v. Thorn Apple Valley, Inc.

An employer plan is not automatically secondary just because ERISA applies. In Citizens Insurance Co. of America v. MidMichigan Health ConnectCare Network Plan, the court found the health plan primary where the relevant terms did not actually conflict.

What if health insurance leaves a bill unpaid?

PIP may pay for specific bills depending on why the health insurance didn’t pay them. The amount applied to a deductible is different from a service not covered by the plan.

PIP medical coverage only covers reasonable charges for necessary care, recovery or rehabilitation under MCL 500.3107(1)(a). Available coverage, the PIP medical limit and any applicable deductible still affect payment. A health denial does not automatically make the entire invoice payable by PIP.

If your PIP medical coverage is coordinated with a health maintenance organization (HMO), and the HMO can provide the necessary covered treatment, choosing an outside provider without required authorization may leave both the HMO and auto insurer able to deny payment for that treatment. The precedent for this issue is set in Tousignant v. Allstate Insurance Co. That ruling does not apply to every situation involving an emergency, unavailable services or a plan’s failure to provide care.

A preferred provider organization (PPO) may cover treatment outside its network at a different deductible or payment percentage. In Advance Therapy & Rehab, Inc. v. Auto-Owners Insurance Co., the PPO covered out-of-network treatment and applied the submitted bill to the patient’s deductible. The court rejected the PIP insurer’s argument that the patient had to choose an in-network provider to maximize health payment.

Before arranging for nonemergency treatment, ask the provider and health plan about network, referral and authorization requirements.

What to keep when the insurers disagree

Ask each insurer for its written reason for nonpayment and the policy or plan provision it relies on. Keep a file containing:

  • the auto policy, declarations page and coordination or PIP medical election documents in effect at the crash
  • the health plan’s coverage documents, including employer-plan amendments for the treatment period
  • the itemized bills, explanations of benefits (EOBs) and denial letters
  • copies of what you submitted, when you sent it and any responses

For employer health coverage, request the Summary Plan Description and claims procedures if you do not have them. A brief benefits summary or insurance card may not contain all the controlling terms.

What deadlines apply while insurers disagree?

For an initial denial under an ERISA-covered health plan, you generally have at least 180 days after receiving the denial to appeal. Follow the denial notice and applicable plan procedures.

The Department of Labor’s health-benefit claims guide explains these records and appeal steps for plans covered by ERISA. This does not mean every health appeal must finish before PIP can be pursued.

Keep the PIP claim moving too. Health plan processing does not automatically preserve the separate notice, lawsuit or recovery periods under MCL 500.3145.

A PIP lawsuit generally must begin within one year after the crash unless the auto insurer was given written notice of the injury within that year or previously paid PIP benefits for the injury. If either exception applies, the lawsuit generally can be filed within one year after the most recent covered expense or loss was incurred.

A separate rule generally prevents recovery of losses incurred more than one year before the lawsuit was filed. A specific claim for payment submitted to the PIP insurer can pause these latter lawsuit and recovery periods until the insurer formally denies the claim, provided the claimant pursues it with reasonable diligence. Sending bills only to health insurance does not preserve these PIP rights.

The Michigan no-fault claim deadline guide explains those timing rules and their conditions.

The Michigan Legal Center can compare the auto policy, health-plan documents, written denials and bill to identify the disputed coverage provision. The Michigan Legal Center attorneys can assess which insurer should respond and what steps are needed to protect the separate claims while payment responsibility is resolved.

If your crash medical bill is caught between auto and health insurers, contact The Michigan Legal Center to have the coverage dispute reviewed.

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