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Medical insuarnce not paying/Michigan no fault?

My husband was in an accident in Michigan, we live in Illinois. He was not the at fault driver. Our private medical insurance or our auto carrier, both major large companies are not paying the medical bills. They say the other is supposed to pay. We've contacted a lawyer, and he said we needed to sue the medical carrier. His fee is 25% of ther medical recovered. He also said we would be liable for the 25% not paid. that would be over $100,000.00. Under Michigan no fault I'm not supposed to be liable for any out of pocket expenses. How can this happen and what do I need to do. My husband is still recovering from his injuries and surgery from over a year ago. This will ruin us. How can our medical insuarnce not pay, when that's what we have it for. We have a great policy and they would of paid if the accident happened in Illinois, and we could sue the other driver. The other driver had little insurance, 22 years old.

Public Comments

1. This is the bane of no-fault laws. Under Michigan no-fault (which is the governing law since the accident occured in Michigan) it doesn't matter which driver was at fault. The insurance company has to pay. This is a very straight-forward case; the lawyer shouldn't be chargin you 25%. In fact, in Michigan, it is against the Bar Association ethical guidelines for an attorney to take a cut of medical expenses. You need to find another attorney. White it may be logistically difficult, you may be better off with a Michigan attorney. The lawyer will get paid out of attorney fees collected in the suit. You can contact the Michigan Bar Association's referral service. They will help you find a lawyer in Michigan. www.michbar.org