People often want to know what to do after an auto accident, what personal injury protection is available to the victim after an auto accident under the state laws of Michigan. People generally believe that if a person encounters an auto accident, he/she needs to sue the person who causes the car accident or the wrongdoer driver. But in Michigan, you, as a matter of fact, have three personal injury protections after an auto accident – these are benefits under mini tort law, no fault or first party insurance benefits, and suing the wrongdoer. After an auto accident, it will be useful for you to consult an experienced Michigan auto accident attorney. An experienced Michigan car accident lawyer can assist you to defend your rights. Auto accident attorneys in Michigan can also explain the relevant laws to you.
No fault insurance benefit
No fault system was established in Michigan in 1973. Irrespective of fault, your own insurance company will pay you some undeniable no fault insurance benefits. In fact, there are actually five benefits available under the no fault system, and the first is, you can obtain medical treatment expenses for life if you undergo a very catastrophic or serious personal injury. You will be able to recover the medical care for the rest of your life no matter how expensive the medical care which you need. The second benefit that people injured by auto accident get is what is known as no fault wage loss. You will be paid 85% of what you would have earned from your work place, and it will be for the first three years after an auto accident; however, on condition that you had been working before the accident. It is known as wage loss because you are being compensated for your lost wages caused by your injuries from the accident. The third benefit is known as replacement services. It is replacing things or services around your home which would have been performed by you, but someone is replacing these services for you for your injuries, and such payment may be up to $20 for a day. You will be reimbursed for your medical mileage, every time you go to any doctor or hospital. Finally, if you undergo serious or catastrophic injuries, you can be entitled for another benefit called attendant care. It means that you need an attendant to provide you care since you are severely injured.
Mini tort
Michigan mini tort attorneys often hear queries from car and truck accident victims about compensation for their vehicle damage. Michigan’s mini tort law enables the victims of auto accidents to recover a maximum of $1,000 (the amount may be changed time to time) for vehicle damage from the driver who caused the accident. It is known as a mini tort claim. You may recover a portion of your out-of-pocket costs for repairing the vehicle under the mini tort law if you do not have accident coverage of your vehicle. The mini tort is also applicable in situations where your coverage is limited or you have a crash deductible, and you are less than fifty percent at fault for the accident. Only vehicle damage is covered by the Mini tort.
Law suit against the wrongdoer
You are entitled to file a lawsuit against the driver who caused the accident for pain and suffering (non-economic losses) and excess economic loss (not covered by the “first party” no fault insurance coverage). However, recovery through this type of lawsuit is allowed in situations where a person suffers permanent serious disfigurement, serious impairment of an important body function, or death by an auto accident. The threshold test is a serious impairment of body function; the threshold test that a person will have to meet in order to recoup money damages for his/her pain and suffering and for their excess economic losses, which is not covered by the first party insurance coverage. To recover money damages for your pain and suffering in Michigan, you have to show how your injuries seriously impair your normal life.