Car accidents – 248-588-3333
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Auto Accidents
Auto accidents are some of the most common and costly accidents that people experience. Not only will you have to pay for the damages and injuries you sustain, but you may also end up losing the use of your car for a certain period of time. This can cause great inconvenience and can even impact your ability to make a living. Therefore it is important that , when the accident was the fault of another person, that you make sure that the appropriate party is paying you an appropriate reward for the damage you or your vehicle have sustained.
How is liability for automobile accidents determined in Michigan?
Automobile accidents in Michigan are governed by the Michigan No-fault insurance statute. This law creates a rather specific and detailed regime of rules and standards. The statute sets out rules about how severe the injury must be in order to sue, and how much and what kind of damages can be awarded. The statute also requires that anyone who files a lawsuit for automobile injuries must have had car insurance at the time of the incident. No matter how severe the injuries, or how reckless or negligent the other driver was, an uninsured person may not file an automobile lawsuit.
The purpose of this requirement is to have car insurance providers cover at least part of the costs and damages of a car accident. The only time you’re are allowed to sue the driver who caused the accident is if you suffer an injury that causes a “serious impairment”. “Serious impairment” is defined as an obvious impairment of a serious bodily function which hinders the victim’s ability to lead a normal life.
However there are three exceptions to this requirement. Closed head injuries, serious disfigurement, or other permanent scarring, then the court must still allow your law suit to go through. Under Michigan No-fault law, you can only sue for pain and suffering, the cost to replace your vehicle, and excess damages. Also, if your injury causes lost wages for more than three years. Than you can sue for the entirety of any wages lost after the third year. The No-fault statute will reimburse you for up to 85 percent of lost wages for the first three years. “Excess damages” include both the lost wages after the third year, as well as any (pre-third year) as well as the portion of the 85 percent of your wage losses that exceeds the statutory limit. The statutory limit is currently $5700. In other words, if 85% of your total wage losses is greater than $5700, than the portion of that sum which exceeds $5700 is excess damages. All excess damages are paid for by the insurance company of the driver at fault. All other available damages (pain and suffering, and vehicle replacement) can be taken from either the driver at fault or their insurance company. A lawsuit against another driver for injuries arising out of a car accident is often referred to as a “third-party auto negligence lawsuit”.
Is it possible to get any damages from a lawsuit that are not “excess damages”?
Yes, Michigan also allows something called a “mini tort” lawsuit. If the damage to your vehicle is not covered by your car insurance, then you can sue for up to $500 of that damage. However, if you were more than Fifty percent at fault for the accident, then you may not file such a lawsuit. Mini-tort lawsuits are not available for motorcycle accidents.
What can I do to help prove that my injuries cause me a “severe impairment”?
The very first thing you should do is see a doctor immediately. This is not only important for your own health, but it is a valuable first step in your case. The documents that are arise from this meeting with a physician will provide the basis for a claim that your injuries are a severe impairment. When this appointment occurs, it is important that you tell your doctor that you are worried that you were injured in a car accident. Getting this done quickly is important because any delay in seeking a medical evaluation or treatment might be used as evidence that your injuries/impairment are not as severe as you are claiming.
Another step you should take making sure you obtain and save any documents relating to any personal injury claims you made with your insurance company in the wake of the accident. The absence of such documentation as well as a failure to seek replacement services are also methods by which the defendant can undermine your claims of severe impairment. Therefore is essential that you make these claims, seek theses services, and keep the documents for them on hand.
Follow any advice given to you by your doctor regarding your injury. If your doctor tells you not to do something, do not do it. If that something is a common life activity, then this is textbook evidence of a severe impairment. That being said, explicit doctor’s orders are not necessary. If you personally believe that you cannot perform certain tasks, and actively refrain from doing them, than that can also be evidence if it is persuasive enough.
It should be noted that you injuries do not have to be long-lasting in order to be a severe impairment. What really counts is the extent your basic life activities are hindered, not the duration of that hindrance. Do not allow the other driver or their insurer to rob you of damages by hiding behind your relatively short lived injuries.
If there were any witnesses to the accident, make sure you get their contact information and give it to your attorney.
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