Car accidents are traumatic and often life changing events. The financial impact can be catastrophic, with lost wages, medical bills piling up and collision damage to the vehicle. When injuries occur, the physical pain and suffering can take away the life the victim once knew.
Figuring out the legal process following an auto accident can be confusing and overwhelming. It is important consult with a dedicated and knowledge group of Warren car accident lawyers who have battled insurance companies for decades.
The dedicated team of Warren auto accident lawyers at the Law Offices of Lee Steinberg, P.C. have an extensive track record of settlements and victories. Our legal team specializes in representing car and truck accident injury victims, helping them obtain no-fault benefits and money for pain and suffering. Our office is ready to handle your Warren car accident lawsuit.
What Compensation Can I Get From a Warren Car Accident?
Michigan is a no-fault state. This means you can obtain benefits from a car insurance company for injuries caused by an accident, even if you are at-fault. These benefits are also available to those not injured while in a car, such as pedestrians, bicyclists, and motorcycle riders.
The no-fault benefits available to persons injured in a car or truck accident include:
- Medical Expenses – this includes hospital bills, doctor’s bills, rehabilitation expenses, surgical bills, prescriptions, out-of-pocket costs as well as other medical expenses that health insurance is not responsible for paying.
- Lost Wages – 85% of lost wages for up to 3 years from the date of the crash. This includes self-employed individuals or those who are paid under the table.
- Replacement Services – Family members or friends who are completed household chores, such as laundry, cooking, and other household chores
If another person caused the accident, such as by running a red light or making an illegal turn, then the injured person can make a claim for pain and suffering compensation too. This is a negligence claim, also known as a third-party claim. Both the driver and the owner of the at-fault vehicle are liable for paying these “non-economic damages.” They can include:
- Pain and suffering;
- Emotional distress;
- Loss of society and loss of companionship;
- Depression and anxiety;
- Loss of quality of life; and
- Mental suffering.
With the change in the Michigan no-fault law, which now has caps on PIP (personal injury protection) coverage, at-fault drivers and owners can also be responsible for medical bills, lost wages and other benefits not covered by the PIP no-fault carrier. The Warren personal injury attorneys at the Law Offices of Lee Steinberg, P.C. can help you determine which company is responsible for these payments.
Which Insurance Company Pays No-Fault Benefits Following a Warren Crash?
Figuring out which car insurance company is responsible for paying a no-fault claim is determined by Michigan law. This is known as the “order of priority.” The order of priority for a motor vehicle accident case in Michigan in general is the following:
- The auto insurance for the owner or registrant of the motor vehicle involved in the crash.
- The auto insurance of a resident relative of the individual involved in the crash.
- The Michigan Assigned Claims Plan
The order of priority for a car accident case has changed with the passage of the new Michigan no-fault law. Now if you do not have insurance on your own vehicle, or if there is no insurance in the household through a resident relative, the claim automatically goes to the Michigan Assigned Claims Plan (MACP).
The MACP is an organization administered by the state but really controlled by the insurance industry. Under Michigan law, the MACP must assign an insurance carrier, such as Allstate or Farm Bureau, to pay no-fault benefits.
There are different exceptions to this rule. For example, in situations involving an accident while on a SMART bus or school bus, the insurance company for the bus may be responsible for paying no-fault benefits. If you are injured while in an Uber or Lyft ride, then the insurance company for that vehicle may have to pay the claim.
What Are Common Causes of Warren Car Accidents?
Car accidents and truck accidents in Warren can occur for any number of reasons. Macomb County and surrounding areas have a number of busy freeways, highways, country roads and city roads that creates an opportunity for serious crashes. The most common causes for these accidents include:
- Drunk driving;
- Rear-end accidents;
- Head-on collisions;
- Failure to yield;
- Running a red light;
- Hit-and-run accidents;
- T-bone collisions;
- Wrong-way collisions;
Warren Car Accident and Wrongful Death Lawyers
Cases involving a wrongful death from a car accident are specific and demand the attention of a Warren car accident attorney who specializes in these cases. Under the Michigan wrongful death act, the family can file a wrongful death lawsuit against the negligent driver, owner and any other responsible parties. These cases include compensation for the pain and suffering preceding the death, loss of companionship, loss of society and another damages.
Depending on the facts and circumstances of the case, the family can also obtain lost wages and other benefits from the negligent parties.
In these cases, it is required that an individual act as a personal representative for the Estate of the deceased person. This is done by filing paperwork with the proper probate court. The person who is appointed as the personal representative for the Estate controls the case and is the decision maker on behalf of the Estate.
In addition, if the deceased person had a dependent, such as a spouse or a child under the age of 18 years-old, the surviving family members may file a claim for Survivors’ loss benefits from the no-fault car insurance company responsible for paying PIP benefits. The benefits from these claims include 3 years of lost wages, replacement services for 3 years, and other potential income losses.
Wrongful death cases from a car or truck crash in Warren usually a involve a thorough investigation by local enforcement, such as the Macomb County Sheriff’s Department and the Warren Police Department. The investigating officers will analyze the accident scene, take necessary measurements, conduct field sobriety tests and blood tests, interview witnesses, take photographs and bring in accident reconstruction experts to evaluate why and how the crash occurred.
Macomb County Car Accident Statistics
Macomb County is one of the busiest counties in Michigan for vehicular travel. As on the most populous counties in the state, it has home to very busy streets and roadways. Some of the busiest thoroughfares include I94, 696, M59, Gratiot Ave., Van Dyke, Garfield Rd., Groesbeck Hwy., Metro Parkway and many others.
With busy intersections comes car accidents. In 2018 Macomb County had 25,784 vehicular crashes. Out of those accidents, 7,360 resulted in injury with 53 fatalities. Other statistics include:
- 737 collisions due to alcohol, resulting in 391 injuries.
- 138 bicyclist accidents, resulting in 116 injuries.
- 208 crashes due to drugs, with 144 injuries and 15 fatalities.
- 134 accidents with a school bus, resulting in 31 injuries.
- 204 motorcycle crashes, with 170 injuries and 9 fatalities.
- 176 pedestrian accidents, with 164 injuries and 15 fatalities.
- 1,284 truck or bus accidents, with 280 injuries and 5 fatalities.
What is the Statute of Limitations for a Warren Car Accident Case?
For a standard negligence case, the statute of limitations for a car accident is 3 years. This means you have three years from the date of the crash to file a lawsuit against any potential defendant. If more than 3 years has gone by, you forever lose your right to file a lawsuit.
There are special rules for minors and cases for wrongful death which can extend the normal three-year rule.
The statute of limitations for Michigan no-fault PIP benefits that arise from a Warren car crash is different. Under the law, you have one-year from the date a benefit is incurred to file a lawsuit. If the benefit, such as lost wages or a medical bill is incurred, and more than one-year passes, you can lose your ability to recoup that benefit. However, the law in Michigan has changed and it is now possible to obtain benefits that are older than a year.
The statute of limitations for car accident cases in Macomb County is especially important. Talk to an experienced car wreck lawyer so you can find out your rights and to see if you still have time.
What Does a Macomb Car Accident Lawyer Do To Help My Case?
An experienced and tough auto accident law firm takes the necessary step to ensure the insurance company properly pays for your injuries. Whether it entails meeting with treating doctors, employing the help of experts, such as doctors or an accident reconstruction expert that can help prove why the other driver caused the crash, it is important to have a law firm that is diligent and proactive.
A good law firm will also review the medical records, ask you questions and keep you appraised of your case from beginning to end. Meetings with your lawyers are important and should be done to ensure all updated information is provided to your counsel.
The Warren car accident lawyers at the Law Offices of Lee Steinberg, P.C. have the knowledge and compassion to assist you every step of the way. We have obtained hundreds of millions for our clients because we approach each case like it is special.
Warren Area Medical Facilities:
St. John Macomb Oakland Hospital
11900 Twelve Mile Rd.
Warren, MI 48093
Insight Surgical Hospital
21230 Dequindre Rd.
Warren, MI 48091
Henry Ford Medical Center
8600 Chicago Rd.
Warren, MI 48093
Ascension Macomb-Oakland Hospital
27351 Dequindre Rd.
Madison Heights, MI 48071
Important Warren Car Accident Contacts and Emergency Information:
Warren Police Department
29900 S Civic Center Blvd.
Warren, MI 48093
Macomb County Sheriff’s Department
43565 Elizabeth Rd.
Mt. Clemens, MI 48043
Macomb County Circuit Court
40 N. Main St.
Mt. Clemens, MI 48043
37th District Court
8300 Common Rd
Warren, MI 48093
Warren Car Accident Lawyers You Can Trust
The Law Offices of Lee Steinberg, P.C. have passionately represented clients involved in car accidents and personal injury cases for over 40 years. Our compassionate and skillful team of Warren car accident attorneys and legal professionals work hand-in-hand with our clients to achieve the most favorable results for them.
It is our commitment to our clients that sets us apart. Please call us toll free at 1-800-LEE-FREE (1-800-533-3733) for a free consultation. And as part of our Lee Free Guarantee, we never charge a fee until we win your case.