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.
After Monday's tragic story detailing the death of a 39-year-old Oceola Township man who was killed while riding his bike, we thought it prudent to dedicate a blog post on the Michigan Motor Vehicle Code as it pertains to bicyclists in an effort to spread awareness of the rights and duties of both motor vehicle drivers and bicyclists and in hopes of preventing future tragedies.
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?
Motor vehicle accidents can cause injuries to nearly every body part depending on the circumstances of the accident such as the speed at impact, location of impact, size and weight of the vehicles involved, and whether the occupants were wearing their seat belts. However, there are some injuries that seem to be more prevalent.
Michigan law limits the ability of a person injured in a car accident to bring a third-party claim for non-economic damages. Unlike first-party benefits, which are available to a person injured in a car accident regardless of fault, a person cannot bring a third-party claim if he or she was more than 50 percent at fault for the accident. MCL 500.3135(2)(b). Furthermore, the injured party must demonstrate that he or she suffered an injury that meets the no-fault damages threshold. This requires that the injury suffered in the car accident be one of the following:
Each year, the Michigan State Police Criminal Justice Information Center and the Office of Highway Safety Planning compiles and publishes the annual Michigan Traffic Crash Facts. The statistics are often surprising. For example, did you know that in 2014, single-vehicle accidents caused more fatalities (434) than multi-vehicle accidents (397)? Click below for more details from the 2014 report.
Did you know that in the state of Michigan, you can be held liable for an automobile accident without being behind the wheel, or even present at the scene? Under the owner liability act, MCL 257.410 et seq., the owner of a motor vehicle is liable for any injuries caused by any person driving the vehicle with the owner’s express or implied consent or knowledge.
As a prerequisite for obtaining vehicle registration, Michigan residents are required to purchase certain insurance coverage. MCL 257.518, 500.3009, .3131. The law requires that each driver carry minimum liability insurance of $20,000 for injuries to one person, $40,000 for each accident if multiple people are injured, and $10,000 for property damage. MCL 257.520. These minimum coverage limits are commonly referred to as 20/40/10 coverage.
But what happens if the injuries you sustain in a car accident exceed the $20,000 minimum policy of the driver who hit you? Even worse, what happens if the driver who hit you does not have insurance?
Odds are that you have or will be involved in a car accident in your lifetime. Even a minor car accident is an unnerving experience. While you will likely be shaken up, remembering these steps will save you a lot of anxiety and hassle in the unfortunate event that you are involved in a car accident.
Your questions are very important. Call today and have them answered.
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