Rear-end collisions can be particularly dangerous for Michigan drivers. If hit while stopped the injuries can be devastating. How many times have you been stopped at a light and and see the driver behind you coming up at a high rate of speed with his or her head in their phone?
If you are involved in a Michigan auto accident, you are entitled to receive personal injury protection (PIP) benefits from the responsible no-fault insurer (usually this is your own insurance company). However, you should be aware that your auto insurance policy may have a high deductible that applies when you submit a claim for PIP benefits.
Under the Michigan No-Fault Act, personal injury protection (PIP) benefits are available to anyone who sustains an injury “arising out of the ownership, operation, maintenance or use of a motor vehicle.” MCL 500.3105. In most situations, the injured person receives no-fault benefits from his or her own insurance company. However, even if you do not have a car, you can still be injured in an auto accident. A passenger or pedestrian is still entitled to no-fault benefits regardless of whether he or she was the owner, driver or even an occupant of the motor vehicle involved in the accident.
Aside from putting you at risk for serious injuries if involved in a car accident, failing to wear your seat belt could make your responsible for a civil infraction. It could also constitute negligence and reduce your tort recovery in a subsequent motor vehicle negligence case against the at-fault driver.
The Statute of Limitations sets forth the maximum time after an event in which legal proceedings can be initiated. After the statute of limitations expires, unless a legal exception applies, the injured party loses the right to file a lawsuit. Don't wait until the time period for filing your claim expires to get compensation for your injuries.
If you have been injured by a third-party while on the job, you may be entitled to bring a negligence case against the responsible party in addition to receiving worker's compensation benefits. However, your employer/worker's compensation carrier may have a lien on your third-party case for benefits it paid.
The Michigan No-Fault Act allows your insurance carrier to sell two types of no-fault coverage: full medical coverage and coordinated or excess coverage.
First-party benefits are commonly provided by your own auto insurance company and provide compensation for certain economic losses: typically hospital and medical expenses, wage loss and replacement services. In order to receive the maximum first-party benefits, the claimant must provide notice to the responsible insurance company within one year of the accident.
Michigan legislators and the Insurance Coalition have proposed changes to Michigan's No-Fault Auto Insurance system that would harm seriously injured accident victims, while benefiting insurance companies. The proposed changes, would significantly reduce benefits for catastrophic claims without any guarantee that Michigan drivers would see a reduction in their rates. Contact your state representative or senator today to have your voice heard.
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists when a officer, agent, or employee of a governmental agency negligently operates a motor vehicle for which the governmental agency owns.
The Zebra, a national quote comparison website for car insurance, released their 2016 report titled "The State of Auto Insurance" and it revealed bad news for Michigan residents. Michigan led the country with the highest average annual auto insurance premium. The report found that the average Michigan driver spends $2,087 per year on auto insurance.
A common confusion among many clients injured in a Michigan car accident is the difference between these first-party No-Fault benefits that sound similar, but which in reality are distinct.
The state of Michigan hosts millions of visitors each year. With so many out-of-state drivers on Michigan roads, car accidents involving non-Michigan residents are bound to occur. But how does Michigan's no-fault law apply to non-Michigan residents?