Did a car accident leave you with life-changing injuries and losses? It’s your right under Michigan law to seek compensation for your damages if you were injured in a car or truck accident. We are here to help you get the money and justice you deserve.
Our car accident lawyers at the Lee Steinberg Law Firm are some of Michigan’s most recognized and distinguished auto accident attorneys in the state. We represent people injured in multi-vehicle accidents, rear-end crashes, drunk driving crashes, and wrongful death cases. We’ve represented car accident victims for more than 50 years, fighting and getting hundreds of millions for our clients all over Michigan.
If you were in a severe car accident and want to understand your legal options, please contact the Michigan car accident lawyers at the Lee Steinberg Law Firm. Call 1-800-LEE-FREE today for a free and confidential consultation.
Michigan Car Accident FAQs
After an auto accident in Michigan, your priority should be your health and the health of injured people around you. Call 911 for urgent assistance, even if you do not feel injured immediately after the crash. Then go and seek medical treatment from a doctor or hospital.
Often, traumatic injuries resulting from car accidents can manifest within a few hours or days of the crash. That’s why you need to seek medical treatment as soon as possible and establish an early baseline for your injuries.
While you’re still at the accident scene, make sure to exchange information with the other driver. This includes getting their full name, telephone number and insurance information. Work calmly with the police to provide the basic information they need.
Call The Police
So many things depend upon a police report following a crash, and without a report, so many things are infinitely more difficult to accomplish.
The Police Report Provides Important Information
First, a police report will list the names, addresses and general information of all the drivers involved in the wreck. This is important because sometimes it is difficult, it not impossible, to get the information of the other parties while at the scene. The police will do this for you, and people are less likely to lie or give false information to an officer.
Police reports will supply the names, age and address of all drivers. They should also include the names, ages and addresses of each passenger. Often, telephone numbers will be included. The report will also include the make and model of the vehicle, the license plate number, VIN, as well as the exact location of the crash.
These items can be very difficult to recreate later. Getting that information from law enforcement at the accident scene is vital.
Police Reports are Free Investigation Tools
A police officer will conduct an investigation into the cause of the auto accident following the crash. Police officers can take witness statements, talk to all the drivers, pull video from nearby locations, and sometimes conduct full accident reconstruction to evaluate the cause of a wreck.
Accident reconstruction can include evaluating the speed of the vehicles, tire marks, vehicle collision damage and impact to formalize an opinion as to the cause of the accident. This information may be invaluable down the road and can assist an injured person in proving the negligence of a driver in court.
Police Reports Will Assign Fault
Insurance companies use police reports to decide fault, or who caused the accident. This is found in the “hazard action” box within the police report, which is on the right side of the report beneath the location section. Although police reports are hearsay, and not admissible evidence under Michigan law, they are still the foundation of every insurance claim following a Michigan car accident. The insurance company will use the police report when deciding whether to pay a collision claim, a mini-tort claim, or in deciding whether to pay pain and suffering.
Without a police report, solidifying liability and getting the insurance company to accept responsibility is much more difficult. Without a police report, the insurance adjusters handling the claim may take extreme positions, even when independent witnesses and a detailed investigation clearly finds their own policyholder responsible for causing the crash.
Although the police report itself is hearsay, when a responding officer is asked to testify as a deposition, he or she can use the police report they prepared to refresh their memory. They can then use the report to offer opinions as to who caused the accident and why.
The police will typically look over the vehicles involved in the crash, interview witnesses and review the accident scene. If the accident is serious enough, the police will call in accident investigators to perform full accident reconstruction. Request a copy of their police report.
Take Photos
If you can, take photographs and video of the accident scene yourself. In addition to the vehicles, make sure you photograph any skid marks, debris, and property damage, as well as the damage to your vehicle. Make notes about the weather, road signs, and anything else that could relate to the crash. Also, take photos of the license plates off all the vehicles involved in the accident.
Next, you should contact an experienced and aggressive Michigan car accident lawyer to help file a claim or lawsuit. Insurance companies often send out their accident experts to investigate the crash scene and gather witness statements as quickly as possible. They’ll also pester you for a statement, but don’t give one without talking to your lawyer.
When you’re confused and stressed about what to do next after your accident, turn to a Michigan auto accident lawyer for advice. It’s the best way to avoid making mistakes and ensure the claim from your crash goes as smoothly as possible.
Michigan car accident cases can be complex. An experienced Michigan auto accident lawyer provides much-needed guidance on how the law works. We can explain the various benefits you are entitled to under the law. Our firm can also file a case against the at-fault driver.
Our state’s unusual no-fault system is often confusing for people who have never made a claim. Insurance companies may try to limit your case from the beginning or wiggle their way out of covering the case all together. When you add this to the stress and trauma of a car accident, things can spiral out of control very quickly.
This is a situation where you need a skilled, experienced Detroit car accident lawyer that is near you. We make sure things are handled correctly so you can get the maximum compensation possible.
Call the Lee Steinberg Law Firm about Michigan’s no-fault benefits, getting help filing a car accident claim, and seeking the full and fair compensation you deserve under the law. No matter how difficult your case is, we’ll work aggressively to get the best results.
At the Lee Steinberg Law Firm, we take no fees until we win your case. The costs of your legal representation will come out of your award after your case settles. This means we never charge a thing upfront or during the case.
This makes choosing us an affordable way to get the legal help you need, without worrying about making a payment. Don’t avoid making a legal claim because you’re concerned about costs. We are here to improve your financial situation and leave you in the best place possible after your case concludes.
Depending on what types of injuries or damages you have suffered, your total compensation could be huge. Generally speaking, your total damages will include a total of your economic and non-economic damages.
Economic damages refer to the monetary value of the costs you incurred from the accident. Go through your medical bills and carefully calculate the value of economic damages with the help of your car accident lawyer.
Economic damages may include things like:
- Medical bills
- Therapy bills
- Other property damage
- Lost wages
- Lost earning capacity
Non-economic damages exist beyond the dollars and cents of your accident. While these damages can be harder to calculate, they are often a large portion of your case. It is important to give great thought and care to developing non-economic damages.
Non-economic damages can include:
- Emotional distress
- Loss of enjoyment and quality of life
- Loss of companionship
- Anxiety
- Depression
- Mental suffering
One of the biggest mistakes people make after Michigan car accidents is failing to place a value on their deep suffering that’s a direct result of the crash. A Michigan car accident law firm can you do this. Although terms like “pain and suffering” and “emotional distress” can be difficult to understand in a legal sense, it is essential to discuss it with your lawyer and give it the attention it deserves.
A car accident is a life-changing experience. You can secure high-value compensation for a variety of losses, which helps you heal and move forward with your life.
Generally speaking, a settlement made directly through the insurance company takes less time than a case that goes through the litigation process in court. Michigan’s PIP benefits can also take some time to arrange. Your Michigan no-fault lawyer will walk you through the steps. It is important to be patient because the payout can be substantial in the end.
In terms of a timeframe, every case is different. Some can take only a few months while others can take more than a year. If your injuries are extensive or are taking a long time to heal, the timeframe may be longer. To get a better idea of the timeframe, call 1-800-LEE-FREE to talk about your situation in a confidential and free discussion.
From a legal perspective, we urge you not to wait to move forward with your case. Your doctor can assess your healthcare situation, but they can’t give you an accurate assessment of a legal situation. Some doctors may have other motives in mind.
Doctors are trained to focus on your health, and while we respect this enormously, our job is to protect your legal rights. Plus, doctors sometimes have competing motivations like preserving their reputations or avoiding consequences with their hospital. You shouldn’t miss your window of time to take legal action based on a doctor’s preferences.
In Michigan, in most situations there is a three-year statute of limitations – or time limit – on claiming bodily injury and other damages for a car accident. However, medical bills and lost wages need to be claimed within just one year. If you miss the relevant deadline, and you may be forever barred from getting compensation.
In almost all situations, a person injured from a car or truck accident in Michigan is entitled to Michigan no-fault benefits. This is true even if you don’t have car insurance of your own. Because Michigan is a no-fault state, even if you caused the accident you can still obtain no-fault PIP benefits.
The only exception to this rule is if your were in a crash involving your own uninsured motor vehicle. Under MCL 500.3113(b), a person can’t obtain PIP benefits if they did not have insurance on their own motor vehicle involved in the accident. Under MCL 500.3135, an uninsured driver operating their own car also cannot obtain pain and suffering.
However, in most situations a person is eligible for compensation for pain suffering if another person was at-fault for causing the crash. This applies not only to drivers, but to pedestrians, bicyclists and passengers.
Drivers are sometimes afraid of pursuing claims, particularly after accidents that involve pedestrians, but you shouldn’t give up. Although a pedestrian, for example, has the right of way in a marked crosswalk, they aren’t automatically free of fault in all situations.
A Michigan car accident lawyer understands the intricacies of the law and can evaluate your situation on an individual basis to gauge your best chances at success. Call 1-800-LEE-FREE for a free discussion about your options.
Michigan’s no-fault law was amended in 2019. Each time the state updates how the law works, it publishes the new information in a PDF at Michigan.gov. But we’ll warn you, it makes for some long and difficult reading!
If you need help understanding Michigan’s ever-changing auto accident and no-fault laws, it’s best to talk to a car accident lawyer. Your attorney’s job is to stay current on the laws. We can provide insight that helps you make decisions using the right information.
The law for suing for pain and suffering from a car accident is complicated. Car accidents in Michigan fall under the Michigan no-fault law, which is actually a series of laws that address the types benefits claimants are entitled to, which insurance carrier is responsible for paying no-fault benefits and how long a claimant can receive certain benefits.
However, the Michigan no-fault law also addresses when an injured car accident victim can receive pain and suffering compensation for his or her injuries.
Under the law, to receive pain and suffering compensation, the accident victim must prove four basic elements:
First, the victim has to prove another motorist was at least 50% at-fault for causing the accident. If the other motorist was at least 50% at-fault for causing the accident, the victim can proceed with a claim. However, if the victim is more than 50% at-fault for causing an accident, the victim cannot obtain pain and suffering compensation.
Deciding the percentage of fault for a car accident is a question of fact and almost always decided by a jury.
Second, the accident victim must demonstrate he or she was injured in the car accident. Without injuries that are clearly documented by hospital and doctors notes, it is extremely difficult to prove why the victim is entitled to pain and suffering compensation.
Third, the accident victim must show the injuries he or she sustained are from the car accident and not something else. Insurance companies love to try and related injuries to pre-accident medical conditions. It is important treating doctors relate the underlying injuries and limitations to the car accident and they are clearly stated in the medical records.
Last, under Michigan law, the accident victim must have sustained a certain type of injury. Section 500.3135(1) of the no-fault law says an injured person can only receive non-economic compensation “if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.” Death, serious impairment of body function and permanent serious disfigurement are known as “threshold injuries.” Under Michigan law, if you do not have a “threshold injury” you cannot receive pain and suffering compensation.
The most common threshold injury is “serious impairment of body function.” This type of case involves all car accidents that do not involve death or permanent serious disfigurement (loss of limbs, horrible scarring).
Serious impairment of body function is actually defined in the Michigan no-fault law as “an objectively manifested impairment of an important body function that affects the person’s general ability to lead a normal life.” To receive pain and suffering compensation for the car accident, you must prove that you meet this definition.
Proving you have a serious impairment of body function, and therefore a threshold injury, is not easy. There is no specific guideline on when a person meets the standard and when he or she does not. Judges, juries and insurance companies look at a host of different things when evaluating whether or not the injured person has sustained a serious impairment of body function from the car accident. These factors include (1) how much work loss occurred due to the car accident, (2) the types of restrictions the injured person is under, (3) what recreational activities can the injured person not take part in anymore, (4) what household chores does the injured person need help with or cannot do at all since the car accident, and (5) what permanent limitations or restrictions will the injured person have in the future.
The Most Common Causes of Michigan Car Accidents
Nationwide, the major contributors to car accidents have remained relatively consistent over the past 50 years. According to statistics from the National Highway Traffic Safety Administration (NHTSA), driver error is a factor in 94% of all road crashes.
The top contributors to Michigan car accidents include:
- Excessive speed
- Drunk driving and driving while high
- Driving while tired, also known as drowsy driving
- Distracted driving
- Aggressive driving
- Texting and driving
- Bad weather
- Slick roads
- Potholes and cracked road surfaces
- Vehicle component failures and defects
Distracted driving has become a much more prominent cause of accidents. The increase in cell phones and technology has given us more distractions than ever before. Two decades ago, the biggest in-car distractions were radios, passengers, and eating while driving. Distracted driving was a problem, but it didn’t seem to be getting worse.
Then came cell phones, smartphones and other handheld devices. Drivers can talk, text, search, and play at the touch of a button. Plus, cars are increasingly loaded with tech-enabled features like GPS location tracking, audible travel directions, backup monitors, and more.
Today it’s quite difficult for the average driver to handle everything that’s vying for their attention in addition to the road ahead of them. As a result, distracted driving accidents have increased substantially, especially among new drivers and teenagers.
The Centers for Disease Control (CDC) has been tracking distracted driving accidents for decades. According to its statistics, distracted driving deaths were consistently under 2,000 per year until the early 2000s when the use of handheld tech devices became widespread.
Since 2010, there have been 2,800 to 3,500 deaths per year, which is more than double the previous level. Plus, there are now a staggering 400,000 injuries per year due to distracted driving. Every day in the U.S. today, 8 people die of distracted driving – including pedestrians, cyclists, and other non-vehicle users who are hit by cars.
When drivers are distracted, they’re less likely to notice changing road conditions. NHTSA statistics show that 41% of all vehicle crashes involve driver recognition errors, where a driver fails to recognize something that’s happening on the road. One-third of all accidents involve decision-making errors, and 11% involve performance errors where someone fails to operate their vehicle correctly.
Michigan’s No-Fault Law
Regardless of the cause, people injured in car accidents are entitled to protections known as first-party benefits under the Michigan No-Fault Law. No-fault insurance coverage is required under Michigan law. Every car owner must purchase a certain level of coverage to obtain license plates.
After an accident, a no-fault insurance claim can cover medical costs, lost wages, and replacement or repair to property that was damaged – all regardless of fault. However, no-fault insurance doesn’t generally cover car repairs.
In Michigan, any basic no-fault insurance policy consists of three parts: personal injury protection (PIP), personal property protection (PPI), and residual liability insurance, which refers to bodily injury and property damage. Let’s look at each of these in greater detail.
PIP protection pays for all reasonably necessary medical expenses. Think of it as health insurance. PIP coverage used to be unlimited, but now people can choose from different coverage levels. Certain eligible individuals can opt-out of PIP coverage all together. However, we strongly recommend against doing this. If you lose wages due to a wreck, PIP covers 85% of that income for up to three years. It also provides reimbursement for household chores you can no longer do, reimbursement of out-pocket-costs and other benefits.
PPI pays up to $1 million in damage a vehicle causes to another person’s property. This includes buildings and surroundings like fences and landscaping. It also covers damage to parked vehicles, but not other car damage.
Residual liability insurance protects the driver if they caused the crash. This is the insurance protection in case you injured someone in an accident. The minimum coverage covers up to $50,000 for a person who is hurt or killed and $100,000 for multiple victims in the same accident.
When someone is killed in a car accident, surviving family members can file a wrongful death lawsuit. The compensation received from a wrongful death suit can include costs for funeral and burial, medical bills, lost wages, loss of companionship for the survivors, and pain and suffering.
Common Michigan Car Accident Injuries
Car accident injuries can range from minor scratches and bruises to broken bones or even permanent brain damage. The most common injuries tend to include bodily damage that isn’t permanent, but takes significant time to heal and may leave the person with persistent pain.
Don’t forget about the possibility of intense emotional and psychological damage. Car accidents are among the leading causes of post-traumatic stress disorder (PTSD) in the United States and the effects on your mental well-being can last for years or even decades. You may need mental health treatment to cope with the effects, and the cost of this therapy could be covered by an accident claim.
The severity and duration of car accident injuries can vary, with some resolving fairly quickly and others becoming permanent and lifelong. The accident lawyers at the Lee Steinberg Law Firm are experts in explaining to the insurance company, the judge, and the jury exactly how car accident injuries can impact a person’s lifestyle and family.
Helpful Michigan Car Accident Resources:
- Michigan No-Fault Insurance Information
- How to Start Your No-Fault Claim
- ASK LEE: Request Free Consultation Free case evaluation by phone: 1-800-LEE-FREE
Important Questions to Ask a Michigan Car Accident Lawyer
A Michigan car accident case can be hard to handle without the help of an experienced lawyer. But it’s sometimes hard to know whether a lawyer has what it takes to take on your case. Do a Google search for car accident lawyers in Michigan, and you’ll see enough names to make your head spin.
As you decide which lawyer is the right fit for you, ask the candidates questions that are relevant to your case. Any good lawyer should welcome the opportunity to explain how their firm works and what you can expect during the process.
Ask a lawyer questions like:
- How long have you been a lawyer in Michigan?
- How will you help me with a no-fault/PIP claim?
- Can you help me find evidence that backs up my case?
- How will you help me investigate what happened in my car accident?
- Do you have a good reputation with Michigan judges and courts?
- What kinds of results have you gotten for clients in the past?
At the Lee Steinberg Law Firm, we have excellent credentials in representing our clients in a wide variety of Detroit car accident cases. We have helped our clients obtain hundreds of millions for their injuries. We’ve been leaders in Michigan car accident law for decades. We understand how challenging it is to be in your situation. We’ll be by your side, helping you plan for a better future.
Please contact the Lee Steinberg Law Firm today at 1-800-LEE-FREE. Or use our free online consultation form to get in touch with a qualified, experienced car accident lawyer nearest to you in Michigan. You will receive an evaluation of your case entirely free of charge.
