Key Points of This Article:
- Michigan is a no-fault insurance state, which means you always must make a claim for an accident to your own car insurer for the payment of medical bills and lost wages.
- If your damages from an auto accident exceed your insurance limits, you will need to make a third-party claim against the other person’s insurance.
- The at-fault driver and the owner of the at-fault vehicle is responsible for paying pain and suffering compensation for injuries suffered by the injured person.
- Michigan does allow you to go to small claims court for a mini tort case where you can seek compensation up to $3,000 for car damage.
You Need to Consult a Michigan Car Accident Attorney
A car accident can occur at any time. Even if you are the most careful driver on the road, you could end up a victim to another bad driver.
If you find yourself in a crash that someone else caused, you need to seek legal help right away. A Detroit car accident attorney can help you navigate the complex Michigan liability laws and ensure you get the proper compensation for your damages.
After an auto accident, it may seem like you can handle the situation on your own, but the insurance companies involved will have their own attorneys working against you. The average person is no match for seasoned professionals who have experience in personal injury law.
To ensure you get the proper compensation and do not lose out on a car crash you didn’t cause, you need to secure proper legal help from a personal injury lawyer.
Michigan Insurance Laws Work Against You
One of the biggest reasons why you need legal counsel after a car accident is due to how Michigan law works. The state operates under a no-fault law. According to the Department of Insurance and Financial Services, no fault means an injured person can obtain certain benefits – such as the payment of medical bills and lost wages – from an auto insurance company, regardless of who caused the crash.. https://www.michigan.gov/documents/cis_ofis_ip202_25083_7.pdf
You should keep in mind that how much and what your insurance will cover depends on your car insurance policy terms and conditions. If you have PLPD coverage only, your insurer will not cover the cost to repair your vehicle. In addition, the other vehicle is only responsible for paying up to $3,000 in vehicle damage, even if they caused the crash.
Because the state requires no-fault insurance, your policy will cover:
- Property Protection (PPI) – Damage you do to another person’s property (but not car damage)
- Personal Injury Protection (PIP) – Your medical expenses, lost wages, out-of-pocket costs and other benefits
- Bodily Injury (BI) – The coverage that pays for injuries caused by you from a car accident.
Michigan law also requires you to make your insurance claims within one year from the date of the accident. If you fail to make your claim within this time frame, you lose all rights to recover certain benefits, such as PIP benefits.
How a Detroit Personal Injury Lawyer Can Help
Since your insurance may not cover vehicle damage and your policy limits may not cover all the expenses you incur due to the accident, you do have the right to seek compensation from the responsible party for anything above what your insurer Is obligated to pay.
Under Michigan law, once you use up all of your PIP coverage, then you can turn to the at-fault driver’s insurance company for the payment of medical expenses. This is in addition to the pain and suffering the at-faut driver is already responsible for paying following a Detroit car collision.
Bodily injury and pain and suffering claims may include:
- Payment for scars
- Recovery time and rehabilitation
- Future medical care needs
- Negative effects on your life due to the accident
- Loss of use due to paralysis or brain damage
You will first need to make a claim against the other party’s insurance, which is called a third-party claim. Insurance must pay in such situations, and companies do not like to pay claims, so they will fight hard against giving you a settlement.
You need legal assistance to help you get a fair settlement from the insurer responsible for paying your expenses and losses. In addition, your lawyer will be able to understand the complex legal requirements and rules you must follow to make such a claim.
You also need someone to work on your behalf to prove the accident was the other party’s fault. If you cannot prove your case, it is unlikely you will be able to get a settlement. A personal injury attorney has experience in such cases and will know exactly what to do to get the proper evidence required.
You may also want to bring a mini-tort law case against the other driver, which allows you to sue for up to $3,000 for damage to your vehicle. The case occurs in small claims court, and an attorney cannot represent you in the courtroom, but he or she can help you put your case together.
Choosing the Right Attorney is Crucial
You must choose the right lawyer to assist you with your auto accident case. You must look for a legal representative who knows and understands Michigan car accident law.
Not every lawyer will have experience in this area of law, but because laws change often and they are complex, you should always choose a professional based on the area of law in which he or she specializes. This ensures the attorney knows the specific rules involving your case.
As you begin looking for an attorney, you should look for someone with experience taking cases to court and who has skills in dealing with insurance companies. You want a legal professional who has a solid reputation and has a strong background in winning cases.
Choosing the right attorney can mean a huge difference when it comes to the settlement you get. If he or she does not have good skills in this area of law, you may not get the money rightfully owed to you.
Furthermore, when you use someone with a recognized reputation in personal injury, the reputation alone can greatly increase your chances of settling the case quickly with a resolution you will be quite happy with. Your attorney choice could mean you end up with a bigger payout than you expect.
Ideally, you want to choose someone who is not afraid to fight for his or her clients. You need to find a lawyer who is compassionate and willing to work hard for you. Finally, you want someone you can trust completely with your case and who will put his or her focus into ensuring you walk away satisfied with the results.
Have You or a Loved One Been Involved in a Car Accident in Michigan?
The law is confusing, the stakes are high, and every case is different, so it does not hurt to call a Michigan car accident injury lawyer immediately after a crash. And when it comes to obtaining uninsured motorist benefits, the Lee Steinberg Law Firm has helped motorists, passengers, and pedestrians all over Michigan collect millions.
Please call to speak to an experienced Michigan accident attorney at 1-800-LEE-FREE (1-800-533-3733) as soon as you are ready. And remember, you pay nothing until we win your case.