Car Accident Lawyer » Automobile Accidents

Understanding Michigan Auto Accident Claims and The Basics of Michigan’s No-Fault Laws

admin — Wed, 06 Jan 2010 16:03:01 +0000

The laws that govern Michigan automobile accidents are long and complex. Often, the terms used by car accident insurance agents and lawyers are confusing. Two important terms you should know:

First-Party Benefits Third-Party Benefits

Michigan is a No-Fault State. This means that your own Michigan car accident insurance company pays most of the economic losses you suffer in an automobile accident, regardless of who was at fault. These economic benefits are called First-Party Benefits.

Third-Party Benefits usually cover non-economic losses, including damages for pain and suffering. Both of these types of benefits are described in detail below.

Michigan First-Party Basics

The Michigan law defining First-Party Benefits states: 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.

The following analysis looks at:

Who has to pay your Michigan No-Fault Benefits? What are the specific benefits you may be entitled to receive after a Michigan auto accident?

Michigan First-Party Order of Priority

Although your own insurance is first in line to pay in a Michigan automobile accident, there are times when an uninsured individual is an innocent passenger in a motor vehicle. In these circumstances, determining who is responsible to pay Michigan No-Fault Benefits can be complex.

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 driver of the vehicle occupied, if none then… 5th priority is to the State of Michigan 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 driver of the motor vehicle involved in the accident, if none then… 5th priority is to the State of Michigan Assigned Claims Facility.

Motorcycle Order of Priority

A different order for receiving benefits exists if you were on a motorcycle when the accident happened, because motorcycles are not considered “motor vehicles” 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 State of Michigan Assigned Claims Facility.

The Michigan Assigned Claims Facility

The Michigan Assigned Claims Facility is a State Agency with the power to assign an auto accident insurance company to provide benefits, if an injured victim cannot obtain benefits from other sources. Remember that uninsured drivers, operating vehicle they own, do not qualify for Michigan Assigned Claim Facility assistance. To apply for Assigned Claims Benefits, call the Michigan Assigned Claim Facility directly at 517-322-1875.

Specific Michigan First-Party Benefits

The First-Party No-Fault Benefits that you claim from your own insurance company include:

Medical Bills for Life

Michigan motor vehicle accident law requires that medical coverage continue for life, or for as long as you need treatment for injuries suffered in the accident.

There are many complicated factors to getting your medical bills paid, if you are in a Michigan motor vehicle accident. We recommend that you contact our office about your rights.

To qualify for medical expense reimbursement, a bill must be reasonable (in cost and necessity) and the bill must be actually incurred. Michigan law does not provide for guaranteed pre-payment of bills due to a motor vehicle accident. Sometimes, an auto accident insurance company will try to escape its responsibility, by questioning the need to a medical test or procedure, which your physician ordered, or by disputing the amount of the medical bill.

Insurance companies in Michigan provide two types of medical coverage in the event of an automobile accident:

Uncoordinated benefits Coordinated benefits

Your insurance policy states which type of benefits you should receive. An uncoordinated policy pays benefits, regardless of the presence of other health insurance. A coordinated policy requires your other health insurance to pay first, and your automobile insurance to pay amounts that your primary insurer does not cover.

It is common for a primary health insurance policy and a motor vehicle insurance policy to contain contradictory language about which one has the first obligation to pay medical bills. Meanwhile, the motor vehicle insurance company may escape its obligation to pay a bill, if it did not receive it within one year of the date that you got the medical treatment.

Wage Loss

Michigan No-Fault Law allows an injured individual to receive 85% of his or her lost wages, if a doctor found the victim disabled from work due to injuries suffered in a car accident. This benefit cannot exceed a period of 3 years. The wage loss benefit is set at 85%, rather than 100%, of lost earnings because the benefit is tax-free. The law also sets a monthly cap on the amount of lost wages that the insurance company must reimburse.

Attendant Care

Michigan auto accident law requires the no-fault insurance company to pay for attendant care (also known as nursing services) for an injured victim who needs supervision or assistance while recovering at home. Sometimes, a physician determines that a person with severe injury needs around-the-clock supervision. A caregiver who is a member of the victim’s family is entitled to attendant care reimbursement. Although the law does not set a specific hourly rate for the caregiver, the reimbursement should reflect the type and complexity of the services that the injured person receives. Frequently, insurance companies unreasonably and unlawfully refuse to pay for adequate attendant care.

Replacement Services

This term refers to reimbursement for services that you would have performed on your own, if you were not injured in an accident. If you paid or promised to pay for household services, chores, errands, etc., which you usually accomplished on your own, then you may be entitled to reimbursement for these expenses. A physician needs to provide a written statement that you are unable to do these tasks on your own. In addition, your insurance company may require documentation of who performed which services. Michigan law states that an auto accident insurance company is obligated to reimburse up to $20 per day for replacement services and that these benefits last for up to three years.

Mileage Reimbursement

Often, proper medical treatment, tests, and physical therapy require an injured person to travel long distances. Michigan No-Fault Law provides for the reimbursement for mileage traveled to and from this medical care.

Third-Party Auto No-Fault Law Basics

Under Michigan auto law, while First-Party Benefits cover most economic losses, Third-Party Benefits provide damages for pain and suffering, scarring or disfigurement, death, and wage loss in excess of 3 years. In Michigan, a Third-Party legal claim is filed against the at-fault driver in the motor vehicle accident. With the exception of excess wage loss, the damages sought in a Third-Party case are non-economic in nature. To prevail in a claim against a careless driver for non-economic damages in Michigan, the injured auto accident victim must show that he or she suffered a “threshold injury.” Michigan law defines this as:

A serious impairment of an important body function, serious disfigurement or scarring, or death.

It is very common for insurance company adjusters to assert that an injury is not a “serious impairment of a body function.” However, if you have an objectively documented injury to an important part of your body, and this affects your life, then you should talk with an experienced Michigan auto accident lawyer dedicated to helping Michigan auto injury victims.

By: Marya Sieminski

South Florida Accident Lawyers Solve the Cases With Authority

admin — Tue, 15 Dec 2009 16:43:59 +0000

Dealing with the life people may experience numbers of incidents. All of them do not carry rejoice. Personal injuries are like this type of the incident. With the personal injuries people get overwhelmed and search for the good South Florida accident lawyers to suggest him the way of filing the lawsuit.

A Florida personal injury Attorney is usually experienced in a wide variety of personal injury topics, ranging from automobile accidents and medical malpractice to drug litigation and defective products.

Florida Car Accident Attorney often works on a contingent basis, acquiring no fees unless a recovery is made in a case. Personal injury lawsuits are filed by the victim of a personal injury against the liable party in order to seek compensation for damages. Personal injury lawsuits can be brought against a party for negligence, strict liability or intentional wrongs.

A party can be charged in personal injury lawsuits for negligence if they failed to Personal injury lawsuits can be brought under a variety of circumstances with the suggestion of the Florida Injury Lawyers. Personal injury lawsuits can be filed for car accidents, work injury, drug injury, medical malpractice, nursing home abuse, slip and fall injury, exposure to toxic materials, dog bite injury, and in cases of wrongful death prevent injury.

In personal injury lawsuits, a victim seeks compensation for the injuries they have suffered. Compensation can include medical expenses, disability or deformity, loss of income and pain and suffering. Most personal injury lawsuits can be settled out of the court system through negotiations with an adjuster from the defendant &apposes insurance company. If negotiations cannot be reached in this manner, a complaint of Law can be filed in the appropriate civil court.

The laws regarding personal injury lawsuits in each state are different. All states have a statute of limitations which places a time restriction on when personal injury lawsuits can be filed.

In personal injury lawsuits, finding a suitable Florida Accident Lawyer is an important question. It is a good idea to get referrals from your friends and acquaintances; asking doctors involved in medical malpractice cases are also good options. Another good way of finding a competent attorney is to refer to the internet lawyer directory. If you suffered an injury unnecessarily, seek the help of a personal injury lawyer. No matter what type of personal injury case, such as automobile accident, medical malpractice, drug litigation or defective products, a personal injury lawyer will work for you on a contingent basis, never demanding fees unless the case is won and compensation due.

By: Markus Skupeika

How to Choose the Right Automobile Accident Lawyer in California

admin — Thu, 03 Dec 2009 20:49:37 +0000

Car accidents, almost anywhere, happen frequently. This does not come as a surprise since we see different types of automobiles in various sizes everyday on the road. From passenger cars to SUVs, to buses and trucks, these vehicles are virtually everywhere.

In spite of taking caution, millions of people still experience car accidents. In fact, over 6 million car wrecks occur every year in America. Even minor car accidents are inevitable.

Since people can never tell if they will encounter a car accident on the road, it would help to be aware of the proper things to do after a crash. It does not hurt to be prepared for unexpected situations like these. People should be vigilant about this matter.

When you get involved in an accident, it is important to determine who the party at fault was. The other party may not be willing to admit that he is liable. He or she may turn the accident against you. Thus, it is necessary that you understand your legal rights and options.

Nonetheless, there is no need to worry. There are a lot of persons you can turn to when you come upon an automobile accident. Among these people are automobile accident lawyers. They won’t be difficult to locate.

In California alone, you can find numerous car crash lawyers. With just a couple of clicks on the internet, you will see various law firms that offer services for car accidents. As simple as that, you can acquire the information you need.

All you have to do is key-in “California automobile accident lawyer”. A number of law firms will appear, together with the names of lawyers, their location, contact numbers, and other useful information. These are free of charge. If you don’t really need to hire an attorney and you just need to look up some information, you can also make these inquiries through the web.

Finding an automobile accident attorney doesn’t have to be strenuous for you. You just need to know how to find the right car crash attorney. Below are guidelines in choosing an automobile accident attorney:

• Choose a lawyer who has fine experience of handling car accident cases

• Choose a lawyer who has expertise on car accident laws

• Choose a lawyer who gives prime importance to collection of evidence

• Choose a lawyer who has successful record of winnings

• Choose a lawyer who has established his reputation and has earned positive feedbacks from previous clients

• Choose a lawyer who has the time and resources to defend your claims

• Choose an aggressive lawyer who can represent your case effectively

• Choose a lawyer who charges for a reasonable amount

Do not settle for mediocre lawyers. Be smart and consult a very proficient one. Taking time to find the right lawyer will pay off afterwards.

An experienced and skilled attorney can help you collect the damages you deserve. If you find yourself a victim of a car accident, contact an automobile accident attorney right away.

By: Jinky Belle Abelardo

Florida Car Accident Lawyers – Common Causes of Car Accidents

admin — Fri, 20 Nov 2009 21:49:13 +0000

Among all the personal injury cases, road accidents that involve motorcycles or cars are the most frightening. It can affect the passengers, drivers and the passers by as well.

People involved in car accident can suffer different types of injuries – minor to serious. Severe car accidents may result in fatalities even.

With the increased amount of road traffic, chances of automobile accident are also higher nowadays. Life after car accident is sometimes more painful than the incident itself. Job loss, unemployment, reduced income, disability, injuries and top of all the feeling of being sufferer due to some one else’s negligence make life miserable.

You will be shocked to know that in America one person die in car accident in every 13 minutes! Then just think how scary the figure will be if you calculate road accident casualty of a year!

Not all the victims are aware of their legal rights and they fail to claim what they deserve. Even if we subtract the number of people who cannot make it to court, hundreds of thousands car accident compensation claim cases are filed in the court of the states every year. Hundreds of automobile accidents take place in Florida and consult Florida car accident attorney to get their claim filed.

Car accident lawyers help victims and their families get compensated for all their damages and injuries. But compensation is the solution once the accident has happened already; the question is how the instances of car accidents can be reduced if not stopped completely?

Let’s review the most common reasons of car crashes. Once we know the reason, we can take proper measures to avoid it.

Driver’s inefficiency:

Drivers often forget their responsibilities and get tempted to break road rules and traffic laws desperately. Crossing speed limits, tailgating, disobeying traffic signals are the common causes of car accident. Such acts during rainy or stormy nights can lead to disasters.

Driving under the influence of alcohol or any other toxins:

Drunk driving could be dangerous. People lose control over themselves when they are drunk or under influence of toxins. There is an allowance although; a certain quantity of alcohol is considered ok for drivers, any amount higher than that should not be taken when you are going to drive.

Lack of concentration:

While driving full concentration should be given towards it, no active participation in any other activities is desired. Drivers often forget their duties and engage themselves in active discussion with co-passengers, talking over cell phones or listening to music while driving.

The above mentioned factors can be controlled. Several laws have been introduced at state level too to control such activities. However, mass awareness is required to prevent road accidents due to driver’s negligence.

Below are some points where, not the driver but another party is responsible for the accidents. Whoever is responsible for the accident, Florida residents should always contact Florida personal injury lawyers for further legal help. Let’s proceed with rest of the reasons:

Defective vehicle or sudden break downs:

Cars and motorcycles are nothing but machines and machines can be defective or can crash any time. However, drivers and motorcycle riders should give their vehicles a check periodically to see if all the parts are working properly or not. Also, not a single mechanical problem should be left unattended.

Defective roads:

Local administrative body is responsible to ensure the roads and highways are safe for driving. If they fail to perform their duty, legal action can be taken against them.

Bad weather:

Heavy rain, stormy weather, snowfall, sustained wind and other natural calamities often lead to road accidents. Drivers, motorists and pedestrians should be extra careful on road during bad weather.

By: Markus Skupeika

Car Accident Cases Necessitates a Competent Lawyer

admin — Wed, 11 Nov 2009 13:43:22 +0000

There is no doubt that most people in the United States love cars. This is also true in Los Angeles County in California where cars have been great necessity in every household. However, the increase in population of car users has also created a tremendous growth in the figures of injuries due to road catastrophes not only in California but also across the country.

In 2005, approximately 6,420,000 automobile accidents have occurred that caused a total of above $230 billion of losses. More importantly, 42,636 individuals died while at least 2.9 million victims suffered from various types of injuries because of these untoward incidents. This would mean one fatality in every thirteen minutes.

These accidents may also happen to you and your loved ones regardless of how much care you put in driving your cars. Yet, in case of an accident, you can always rely on the capability of a car accident lawyer to help you in filing the necessary charges against the liable party. This is aside from what you can acquire from your insurance company.

The law entitles anyone who was injured due other party’s neglect or wrongful act to file their lawsuits and to recover suitable damages. These includes payments for pain and suffering, emotional distress, hospital bills, lost wages, damage to property and other expenses brought about by the injury. Still, the victims should prove these factors:

the defendant has been neglectful or careless in driving such neglect was the cause of your injury you have indeed sustained an injury

In defending your rights, it is vital for you to hire a car accident lawyer who is known for his competence and effectiveness. This will ensure that you will be properly guided and represented in the whole process of your legal undertaking. Thus, you should be more cautious in choosing the right advocate if you want to have a successful case result.

Searching for the best legal counsel should not be that hard as you imagine. All you need to do is to have an extensive look on his background in resolving his handled cases. It would also be better if you know how he treats his past client’s cases. Being aware of these things before formally appointing his services may definitely increase your chances of winning.

Our Car Accidents Lawyer Los Angeles County is highly experienced in dealing with insurance companies regarding car accident claims.

By: Rainier Policarpio