Legal Question in Criminal Law in Michigan

You posted this in the Criminal Law section of LawGuru.com. But your question spans both criminal law (restitution as part of a criminal conviction) and civil law (tort law ... No-Fault Act ... personal injury compensation). So you might want to also post your question on one or more other civil law sections here so attorneys who specialize there can add to the topic. Criminal restitution would cover the medical bills your wife has, but the rear-ender driver who hit your neighbor's van would have to be charged and convicted of a misdemeanor or felony 'bad driving crime' first, and then you have to wait for the defendant to pay the court and the court splits that money 50/50 between victim debts and court fees. It's a slow process. If this rear-ender crash was ticketed for a civil infraction (failure to stop an assured clear distance; basic speed; improper lane use; failure to yield right of way; careless driving; etc), then restitution would not be ordered. Restitution is tied to misdemeanor and felony criminal convictions under the crime victims' rights act, code of criminal procedure, etc.. and those laws don't include civil infraction motor vehicle code violations. But if that driver was convicted of reckless driving, OWI or other crimes whose acts directly cause the crash and injuries, then the judge would have to order restitution for property damage and the cost of medical treatment of victims. You should talk to the police agency that investigated the crash to find out what prosecuting office is handling it (likely the county prosecuting attorney, but might be a city attorney office) and then talk to that prosecuting office. As for civil liability (of which I do not say I am an expert, thus my recommendation that you talk to other attorneys), that falls under the No-Fault Act. Medical bills of passengers are covered by the insurance company of the vehicle you wife was in under a "1st party claim". Medical bills are not paid by the "at-fault driver", they are paid by their vehicle's insurer. This liability is part of the mandatory 'basic' insurance required by law on all vehicles. I don't know if the innocent vehicle's insurance company gets paid back by the at-fault vehicle's insurance company, but that's not your issue. You want your medical bills paid. So you should talk to your neighbor to get her vehicle insurance information and submit a claim under that policy. Another option is if you have home owner's insurance that might cover these bills, or even an "umbrella insurance policy". Another option is to consult with an attorney in private practice who handles personal injury cases so that attorney can do this leg work for you and figure out the best, fastest, etc. deep pocket to get your bills paid through. But it won't be free. You might have to pay an hourly rate, or the attorney gets paid a percentage of the recovery and then the rest of the bills come from your own pocket. Best of luck, and I hope your wife has a speedy and complete recovery.