Due to Michigan’s “no-fault” auto insurance laws, most people believe that they cannot file for personal injury claims in the event of a car accident; therefore, a car accident lawyer is not needed. The “no-fault” provision means that in most accidents, each party’s auto insurance covers the cost of medical bills and some other losses regardless of who caused the accident. Therefore, many believe that Michigan law prohibits you from filing a suit after a car accident. This is definitely not the case. A knowledgeable car accident lawyer like Marc J. Shefman can explain the details of Michigan law and how they apply to your case.
Can I File a Suit Against Another Driver for Personal Injuries?
While the Michigan “no-fault” law does restrict lawsuits after car accidents, you may still file a lawsuit for personal injuries in cases causing death, serious disfigurement, or serious impairment. The burden of proof is always on the accuser; therefore, you must marshal wholly adequate documentation of your injuries and their level of disablement as well as overwhelming proof of the other driver’s liability.
The severity of your injury or injuries must be validated by a qualified physician and include diagnostic test records. Moreover, the injury or injuries must impact your life in a significant manner. Your work abilities and daily activities must be substantially altered in order for the courts to agree to award compensation in a suit. A competent car accident lawyer can evaluate whether or not you have an injury serious enough to qualify.
What Do I need to Know in Order to File a Suit?
Under Michigan law, victims of car accidents have one year to file with their own insurance company for no-fault insurance benefits. In addition, you have three years to file a lawsuit against the offending driver for pain and suffering compensation. There are other deadlines that your car accident lawyer will know about that may pertain to your unique case. Always consult an accident lawyer for specific information concerning the law.
Knowing what to do after the accident has occurred is vital. Taking the wrong actions, or no action, can severely limit your case. Insurance companies are a business, and their business is not necessarily putting your best interests first. They will seek to limit their liability for claims at every turn. You should consult with an experienced car accident lawyer immediately after the accident in order to begin preserving the chain of evidence necessary for your claim.
Michigan’s Comparative Negligence Rule
Michigan law includes a “modified comparative fault” rule concerning personal injury cases in which the claimant is found to be partly responsible for the accident. Under this statute, damage compensation is reduced by the court if the injured person shares any amount of fault. No compensation will be awarded if the injured claimant is determined to be responsible for 50% or more of the accident.
Marc J. Shefman – Michigan Car Accident Lawyer
Laws governing car accidents in Michigan can be complicated, which is why many attorneys do not handle those cases. Marc J. Shefman is an experienced Michigan car accident lawyer who faithfully serves Metro Detroit, including Oakland, Lapeer, Livingston, St. Clair, Macomb, and Wayne, Genesee, and Washtenaw Counties. Call (248) 298-3003 or contact us online to arrange your free consultation to learn more about Michigan car accident laws and if you can file a claim.