|
Select a
topic:
The Basics on Michigan Auto Accidents
Cases arising
out of automobile accidents are by far the most common type of
personal injury case pending in our court system today. A
serious auto accident is a traumatic experience.
Often, for
thousands of Michigan auto accident victims, the actual
accident is only the beginning of emotional hardships that the
injured person and their family experience. Sadly, the time
for an adult or child to take action to preserve his or her
legal rights starts to run from the day of the collision.
If you are
concerned about your legal rights, contact an attorney before
you talk with the insurance company of the person at fault.
Signing the wrong papers could mean you've settled for less
than you deserve.
It is not unusual that while still dealing with the effects of
a debilitating injury an accident victim is unaware that time
is running out for him or her to take the necessary steps to
secure benefits. You should always seek to protect your legal
rights, and consult with our office immediately after an
automobile accident that causes serious personal injuries.
THE
STATISTICS OF AUTOMOBILE ACCIDENTS
Every 10 seconds, someone in the United States is involved in
a car accident, according to the National Highway Traffic
Safety Administration (NHTSA).
What Should I do if I'm in an
Auto Accident?
Here is a checklist while at the scene
to assist you or your loved ones in the unfortunate occurrence
of an auto accident in Michigan:
-
Stay calm and remain at the scene of
an accident unless absolute medical emergency. If another
driver is angry or aggressive, the NHTSA recommends the
following: (1) Get out of the way: first and foremost, make
every attempt to get out of his or her way. (2) Put your
pride aside: do not challenge the aggressive driver by
speeding up or attempting to hold-your-own in your travel
lane. (3) Avoid eye contact: eye contact can sometimes
enrage an aggressive driver. (4) Avoid gestures: ignore
gestures and refuse to return them. (5) Report serious
aggressive driving: you or a passenger may call the police,
but, if you use a cell phone, pull over to a safe location.
-
Contact the authorities, and if
injured, ask for emergency medical services.
-
Make a police report immediately
with the department where the accident occurred.
-
Seek medical attention immediately and
use the services of EMS as injuries are not always
immediately apparent.
-
Find out the information from the
other driver's involved in the accident - name, address,
phone number, drivers license number (including expiration
date), license plate number, registration, and insurance
information, including the insurance policy number.
-
If the driver of the vehicle is
different than the owner, you should also obtain the owner's
name, address, phone number and insurance information.
-
Identify all witnesses to the accident
and get their names, addresses and phone numbers, including
passengers in vehicles involved in the accident.
-
Contact your own insurance company
immediately to inform them you were in an accident. Create a
claim number and request forms to create a Personal Injury
Protection (PIP) file to be opened.
-
If a driver fled the scene of the
accident, obtain the best information possible, make, model
of car, license plate and description. Write down this
information to use in a police report.
CHECK LIST FOLLOWING AN Accident
If you were involved in a Michigan auto
accident, would you know what to do? The following "checklist"
is designed to help you take the necessary steps to protect
your legal rights in case of an accident.
Stay Calm:
Set flares if you carry them, and do not leave the scene of
the accident.
Exchange Documents:
Don't discuss the accident with anyone or blame anyone,
including you.
Driver Facts:
Take down the name, address, operator's license number, date
of birth, sex, state of license, and the phone number of the
other driver.
Ownership Facts:
Write down the name, address, and the insurance company of the
owner of the other car involved. The driver may not be the
owner of the car.
Injured Parties:
Seek immediate medical attention. Insurance companies often
use your failure to seek immediate medical attention as a sign
that you were not injured.
Witnesses:
Be sure to write down the names, addresses, and phone numbers
of any people who saw the accident but weren't involved in it.
Passengers in accident are not witnesses.
Damages:
Make note of the damage to the your vehicle and the other
vehicles involved in the accident.
Draw a Diagram:
Make a note below the diagram of the date and time of the
accident. Write down the location including the street,
intersection, or any landmarks.
Report the Accident . .
.
Contact your insurance broker or agent immediately. Obtain a
copy of the police report within 24 hours.
Michigan
No-Fault Law
Michigan is a No-Fault State. The No-Fault
law that governs auto accidents in Michigan is extensive and
complex. The terms can be confusing to persons not actively
involved with auto accidents. The two General terms under the
No-Fault Act are First-Party Benefits and Third-Party
Benefits.
Most of the economic damages suffer in an
automobile accident will be paid by your own insurance company
regardless of whether or not you were at fault in the
accident. These economic benefits are called First-Party
Benefits.
Third-Party Benefits are typically
non-economic in nature and typically involve damages sought
for pain and suffering.
Michigan First-Party Law
The Michigan No-Fault Act defining First-Party benefits states
in part:
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.
WHO HAS TO PAY YOUR MICHIGAN NO-FAULT BENEFITS
Michigan First-Party Order of Priority
Usually your own insurance is first in line to pay in a
Michigan automobile accident; however, there are occasions
where the order of priorities can change.
Driver or Passenger Order of Priority
- 1st priority is your own insurance
policy, if none then...
- 2nd priority is to the insurance company
of a resident relative (i.e. spouse, parent or sibling), if
none then...
- 3rd priority is to the insurer of the
owner of the vehicle occupied, if none then...
- 4th priority is to the insurer of the
operator of the vehicle occupied, if none then...
- 5th priority is to the Assigned Claims
Facility.
Pedestrian Order of Priority
- 1st priority is to your own insurance, if
none then...
- 2nd priority is to the insurance company
of a resident relative (i.e. spouse, parent or sibling), if
none then...
- 3rd priority is to the insurer of the
owner of the motor vehicle involved in the accident, if none
then...
- 4th priority is to the insurer of the
operator of the motor vehicle involved in the accident, if
none then...
- 5th priority is to the Assigned Claims
Facility.
Motorcycle Order of Priority
A distinct order for receiving benefits exists if you are in a
Michigan motorcycle accident. Motorcycles are classified
differently under Michigan law. In a motorcycle/auto collision
the priority would be as follows:
- 1st priority is to the insurer of the
owner of the motor vehicle involved in the accident, if none
then...
- 2nd priority is to the insurer of the
operator of the motor vehicle involved in the accident, if
none then...
- 3rd priority is to the motor vehicle
insurer of the operator of the motorcycle involved in the
accident, if none then...
- 4th priority is to the motor vehicle
insurer of the owner of the motorcycle involved in the
accident, if none then...
- 5th priority is to the Assigned Claims
Facility.
The Michigan Assigned Claims Facility
If no insurance exists under any of the above mentioned
priorities, you still may have a claim under the Michigan
Assigned Claims Facility. This State Agency founded in 1973
and empowered to assign an insurance company to provide
benefits if the injured party could not obtain benefits from
other sources. However, an uninsured driver, operating a
vehicle they owned, does not qualify for Michigan Assigned
Claim Facility assistance.
To apply for benefits from the Michigan
Assigned Claims Facility call the Michigan Assigned Claim Fund
directly at 517-322-1875.
Specific Michigan First-Party
Benefits
Specific First-Party No-Fault Benefits
you are entitled to from your own insurance company include
the following:
Medical Bills for Life
To qualify for medical expense reimbursement, a bill must be
reasonable (in cost and necessity) and the bill must actually
be incurred. Consulting with our office is highly recommended.
Pre-payment of bills due to an automobile accident is not
required. Often an insurance company will claim a procedure to
be unnecessary, or may dispute the amount billed by the
doctor.
Medical coverage is provided for life as
long as the treatment received is related to the automobile
accident.
There are two types of medical coverage in
the event of an accident.
The first type is un-coordinated benefits
and the second type is coordinated benefits. The terms of your
policy dictate benefits you will receive. An uncoordinated
policy pays benefits regardless of the presence of other
health insurance. A coordinated policy requires secondary
health insurance to pay first, and provides remaining amounts
are paid by the auto insurance. Consulting with our office
is highly recommended to protect against these actions by
insurance companies.
Wage loss
Michigan No-Fault law allows for an injured individual to
receive 85% of their salary if a doctor has disabled the
injured party from working due to the injuries suffered in the
automobile accident. This benefit cannot exceed a period of 3
years. The money received through no-fault wage loss
reimbursement is considered tax free; therefore, a fifteen
percent (15%) reduction is allowed which accounts for taxes.
There is a statutory cap on the maximum amount of wages an
insurance company is obligated to pay to an individual per
month. Consulting with our office is highly recommended.
Attendant Care
Attendant care benefits are sometimes called Nursing Services.
Severe Injuries often require the injured person to receive
supervision and assistance for prolonged periods of time.
There are no firm guidelines on the responsibilities of an
insurance company as to the amount of attendant care.
Therefore the quality of care may be dependent upon the
insurance carrier. You should contact our office to secure
premium attendant care benefits for yourself or a loved one.
Replacement Services
This term refers to reimbursement for services that you would
have performed on your own had you not been injured in an
accident. A physician needs to document that you are unable to
do these tasks on your own, and your insurance company usually
requires documentation of who performed the services, and when
they were performed. Currently, Michigan law limits the
reimbursement for replacement services to no more than $20
dollars per day. Also, Michigan law allows for only three
years of replacement service benefits.
Mileage Reimbursement
Michigan No-Fault Law provides for the reimbursement for
mileage traveled to and from doctor's appointments.
The Statute of Limitations or time a person has to file a
First Party lawsuit is 1 year. Minors are allowed until one
year past their 18th birthday and there are certain other
exceptions for military personnel and those judged mentally
incompetent. If you are hurt in an auto accident, it is
advisable to contact our office
immediately.
Third-Party Basics
While economic damages are recovered in a No-Fault state
through one's own insurance, damages for pain and suffering,
disfigurement, death, and wage loss in excess of 3 years
represent the components of a Third-Party Benefits.
A Third-Party claim is one made against the
at-fault driver in an automobile accident. In Michigan, to
prevail in a claim against the other driver for non-economic
damages, the injured party must demonstrate that the injury
suffered meets the legal threshold. This is term of art is
defined by statute as either:
A serious impairment of
an important body function or serious disfigurement/scarring,
or death.
Most insurance companies and their adjuster
classify an injury as not being a serious impairment of a body
function. However, if you have an independently documented
injury to an important part of your body, that affects your
general life, then you should contact
our office to pursue a claim for third party benefits.
Fault
To recover from under Third Party Benefits, a driver other
than you needs to be at fault. As with other types of
accidents, figuring out who is at fault in a traffic accident
is a matter of deciding who was negligent. In many cases, your
instincts will tell you that a driver, cyclist or pedestrian
acted carelessly. Fault issues can be complicated, and an
experienced attorney from Talab Nunley, P.C., will look to a
number of sources, such as police reports, state traffic laws,
and witnesses, to help you determine who was at fault for your
accident.
Courts look to a number of factors in
determining whether a driver was negligent. Some of these
factors include, but are not limited to, the following:
- disobeying traffic signs or signals;
- failing to signal while turning;
- driving above or below the posted speed
limit;
- disregarding weather or traffic
conditions;
- failing to drive on the right side of the
road; and
driving under the influence of drugs or alcohol
The Statute of Limitations or time a person
has to file a Third Party lawsuit is 3 years. Minors are
allowed until one year past their 18th birthday and there are
certain other exceptions for military personnel and those
judged mentally incompetent. If you are hurt in an auto
accident, it is advisable to contact our
office immediately.
Frequently
Asked Questions
Michigan Automobile Accidents
Question: Is there a limit to wage loss
benefits from my own insurance company per month?
Answer: Yes. Michigan law limits the
maximum monthly payout of No-Fault Wage Loss benefits. This
amount is adjusted every year for inflation.
Question: What is Uninsured and
Underinsured Motorist Coverage?
Answer: Uninsured Motorist Coverage
is an insurance coverage option which allows you possible
recovery from your insurance policy if the at-fault driver
does not have insurance coverage, or if the at-fault driver
can not be identified, for example a hit and run driver.
Underinsured Motorist Coverage is an insurance coverage option
which allows you possible recovery from your insurance policy
if the at-fault driver does not have enough insurance coverage
to adequately compensate you for your injuries. It is
recommended that all drivers carry this coverage, if
available.
Question: What if the car I was driving was
uninsured at the time of an accident?
Answer: If the car you were driving is uninsured and you
were the registered owner of the vehicle, you are legally
barred from bringing suit against an at-fault driver and there
is no claim for First-Party benefits; however, if you were not
the owner of the vehicle and unaware you should contact our
office as you may be able to overcome this obstacle.
Question: Are my wage loss benefits taxable?
Answer: Wage Loss Benefits received from an automobile
insurance company, as a result of an auto accident are not
currently taxable under Michigan and Federal law.
Question: What if the Police Report states I was at fault in
the accident?
Answer: Under Michigan Comparative Law, if you are more
than 50% at fault in an auto accident, then you do not have a
Third Party Benefits claim. However, it is strongly
recommended that you check allow our office to make an
independent evaluation of your responsibility and likely
percentage of fault.
Question: What if the person who hit me had been drinking?
Answer: You may be entitled to assert a Dramshop Claim.
This is the term used to refer to lawsuits against a business
or person who inappropriately sold alcohol to a person
involved in an automobile accident. The most common Dramshop
Claims involve alcohol being served to someone who is visibly
intoxicated. A valid Dramshop Claim also exists if alcohol was
served to a minor.
Dramshop Claims are complex, and that the period to assert
such a claim is 120 days from the retention of an attorney.
This is a special statute of limitations. If alcohol was
involved in your accident, you should contact our office
immediately.
Automobile Accident Statistics
Automobile accidents are serious and often
result in serious injury. Despite characterizations by the
insurance industry, the truth about automobile accidents is
very troubling:
- There are approximately 12 million
automobile accidents every year according to the National
Safety Counsel (NSA)
- Approximately 2 million disabling,
non-fatal injuries occur in automobile accidents every year.
- Approximately 10% of all automobile
accident victims become disabled.
- Collisions occurring at just 5 miles an
hour can lead to significant cervical injury. This is true
even though there may be little to no damage to the victim's
auto in this low speed collision.
- Even so called soft tissue injuries can
last for months, and sometimes years. A study conducted in
the European Spine Journal indicated that 10% of accident
victims actually experience degenerative conditions during
the first year post accident.
- Rollover accidents are among the most
catastrophic types of vehicular accidents. Sometimes
rollovers occur as the result of a collision between two or
more vehicles, and sometimes a rollover happens in a single
vehicle accident.
- There were an estimated 70,000 SUV
rollovers in 2002, in which an estimated 2,000 will die.
When a single vehicle rollover accident occurs, often the
driver fails to realize that someone's negligence may have
contributed to what are often devastating injuries. For this
reason that you should contact our office if you have
questions regarding possible legal rights.
- Rollovers account for 19% of all deaths
in standard automobiles, 36% percent of all deaths in
pick-up trucks, and 51% percent of all deaths from sports
utility accidents.
Why Anyone involved in an accident
needs an attorney
Put a Fighter In Your Corner
It is always the case that insurance company has an attorney
and an adjuster who forcefully fights against paying damages
to an injured victim. We will passionately represent your
interests in these proceedings and counsel you as your claim
progresses. Our firm will do everything possible to ensure
your family's emotional well being during the pursuit of your
claim.
In all of the above cases, it is essential that accident
victims take prompt measures to preserve evidence, investigate
the accident in question, and have physicians or other expert
witnesses thoroughly evaluate any injuries, lawyers from
Talab Nunley, P.C., are skilled and experienced attorneys
in motor vehicle accident cases, and ready to assess your
situation and determine the best methods for you to obtain any
compensation available for the damages you suffered.
Professional Evaluation of
Your Claim
Our office will thoroughly gather all of the documentation,
make a determination, and file the appropriate claims on your
behalf. Evidence exists that show injured parties represented
by an attorney obtain greater recoveries than those
individuals who attempt to represent their own interests.
|
Consultation Request Form: |
|
|
x
|
