I currently have a uninsured claim for an auto accident 4 months ago. Is my husband allowed to file a second uninsured claim?

Your wage loss is a No-Fault (PIP) benefit, which is being paid pursuant to the No-Fault statute. PIP wage loss is capped at 85 percent of your gross wage, for up to three years from the date of the accident. Any wage loss over and above the cap for the first three years (which as of October 1, 2009 is $4,898 per month) and all wage loss beyond three years is considered “excess economic” loss and can be recovered from the wrongdoer. As the wrongdoer had no insurance, your Uninsured Motorist coverage should cover the excess economic loss up to your Uninsured Motorist policy limit. Uninsured Motorist coverage falls outside the No-Fault statute, as it is non-mandatory. Actual coverage will be subject to the terms and conditions of your policy.

With regard to your husband, a loss of consortium claim is derivative to your own bodily injury claim and cannot exist separately. His consortium claim must be a part of your Uninsured Motorist claim or lawsuit (http://www.michiganautolaw.com/caraccidents/uni...). You should be able to amend your claim or lawsuit to include it, if it is not already included. If your injuries do not meet the injury threshold (i.e. serious impairment of body function, permanent serious disfigurement, death), your claim cannot continue, and as a result, neither can the loss of consortium claim. However, your excess economic claim can survive regardless.