Car accidents – 248-588-3333
Auto Accidents
Auto accidents happen often and can be expensive. You might have to pay for damages and injuries, and you could lose the use of your car for a while. This can make life harder and might affect your ability to work. If the accident was someone else’s fault, it’s important to make sure they pay for the damage to you or your car.
How Is Liability for Auto Accidents Determined in Michigan?
Michigan uses the No-Fault insurance law for auto accidents. This law sets specific rules about suing for injuries and the damages you can get.
You Must Have Insurance. The law also says you must have car insurance to file a lawsuit. Even if the other driver was at fault and your injuries are severe, you cannot sue if you didn’t have insurance at the time of the accident. This rule helps ensure insurance covers most costs of the accident. You can sue the driver only if you have a “serious impairment.” This means you have an obvious injury that keeps you from doing normal daily activities.
The Exception Rule. There are three exceptions to this rule. You can still sue if you have a closed head injury, serious disfigurement, or permanent scarring. Under the No-Fault law, you can sue for pain and suffering, vehicle replacement costs, and any damages beyond what insurance covers. If your injury causes you to lose wages for more than three years, you can also sue for the lost wages after that time.
Reimbursement for Lost Wages. The law reimburses up to 85% of lost wages for the first three years. If 85% of your wages is more than the legal limit, which is currently $5,700, the extra amount is called “excess damages.” The at-fault driver’s insurance will cover these damages. Any other damages, like pain and suffering or car replacement, can be taken from the driver or their insurance. A lawsuit for injuries from a car accident is called a “third-party auto negligence lawsuit.”
Can You Get Other Damages Besides Excess Damages?
Yes. Michigan allows “mini tort” lawsuits. If your insurance doesn’t cover all the damage to your car, you can sue for up to $500. But, if you were more than 50% at fault, you cannot file this lawsuit. Mini-tort lawsuits don’t apply to motorcycle accidents.
What Can I Do to Show My Injuries Caused a “Severe Impairment”?
See a Doctor. First, see a doctor right away. This helps both your health and your case. The doctor’s report will support your claim of severe impairment. Tell the doctor you were hurt in a car accident. It’s important to see a doctor quickly. Waiting can make it look like your injuries aren’t as serious as you say.
Preserve Documents for Injury Claims. You should also save all documents related to any injury claims you make with your insurance company. Without this paperwork, the other driver might argue that your injuries aren’t severe. Make sure to file claims and keep the documents.
Follow Your Doctor’s Advice. If your doctor tells you to avoid certain activities, don’t do them. If the activity is something you do often, this can help prove your impairment. You don’t always need doctor’s orders. If you feel you can’t do something, and you stop doing it, that can also help your case.
Don’t Downplay the Severity of Injuries. Your injuries don’t need to last a long time to count as a severe impairment. What matters is how much your daily life is affected, not how long the injury lasts. Don’t let the other driver or their insurance company downplay your injuries because they were short-lived.
If there were witnesses to the accident, get their contact information and give it to your lawyer.
Click link to schedule a free case evaluation:
https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=13607154
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