THE BASICS: I was in a Michigan automobile, car, truck or
bus accident. What
should I do?
1. Don’t sign anything given to you by an insurance
company without
consulting a Michigan automobile accident lawyer first. Insurance
companies
don't represent your interests. Your best decision is to
educate yourself
about your legal rights and speak to an attorney. You may
have to sue to obtain
the money to which your are entitled.
2. Document your injuries early, get competent medical treatment
and take
photographs in the hospital, or when you get home.
3. Don’t be fooled by insurance adjusters who pretend
to represent your
interest. They will often attempt to convince you to sign
papers and take
settlement offers which are well below the compensation to
which you are
entitled
Michigan is a 'no-fault' insurance state. The laws that
govern Michigan
automobile accidents are very complex but essentially involve
First-Party
Benefits and Third-Party Benefits.
FIRST PARTY CLAIMS:
First-Party benefits are payable to anyone who suffers an
injury arising out of
the ownership, operation, maintenance or use of a motor vehicle
as a motor
vehicle. Michigan auto accident first-party claims are made
to a claimant's own
no-fault insurer. The claimant's insurer, by thhe terms of
the insurance
contract and under the no-fault law, must pay no-fault benefits
for expenses
resulting from the automobile, truck, bus or motorcycle accident.
First-party
auto accident coverage inludes reimbursement for medical expenses,
wage loss,
replacement services, mileage, survivor's loss, funeral expenses,
and attendant
care.
THIRD PARTY CLAIMS:
The third-party claim compensates a person injured in an
auto accident for
damages, such as his or her past, present, and future non-economic
losses and
any excess economic losses if applicable. A third-party plaintiff
is not
entitled to sue the negligent driver for compensation for
any economic damages
which have already been paid or are owed by the plaintiff's
own first-party
insurance company.
Michigan auto accident third-party claims involve automobile
negligence claims.
In a third-party claim, a plaintiff sues the driver or owner
of a vehicle,
alleging negligence causing an auto accident injury. If the
driver or owner of
the vehicle has no-fault insurance, the person injured in
the auto accident may
sue him or her for certain damages such as pain and suffering,
as long as the
claimant's injuries meet the threshold requirement of death,
permanent serious
disfigurement, or serious impairment of body function. The
plaintiff may also
sue for any economic losses resulting from the auto accident
that exceed the
statutory no-fault maximum amount. Claims cannot be made for
loss of earning
capacity.
Since no-fault PIP benefits often do not fully compensate
auto accident victims
for all of the economic damages they sustain, the liability
claim is oftentimes
the only way a victim can recieve all of the economic damages
they have
suffered. If a person sustains a serious injury in a motor
vehicle accident
caused by the fault of another driver, the injured person
should contact an
attorney about pursuing a lawsuit for excess economic loss
and non-economic
losses and damages.
If you or someone you know has been in a car accident, you
should contact an
attorney to make sure you fully understand your rights.
