Michigan Car Accident Law: What you need to know
Though we never expect, we may encounter a car accident. There are some steps you need to follow when you undergo a car accident, even if you do not get injured. Stay at the accident place till the police advise you that you may leave if you get injury by a car accident or experience major damage to property. If someone is injured, and you have the training in providing first aid, make an effort to help the injured. Do not relocate an injured person. Get someone to call the police to report the accident.
If you encounter a car accident, try to collect some information, such as information about the other driver (name, address, driver’s license number and license plate number), information about witnesses of the accident (name, address and phone numbers), “incident number” from the police officers investigating the accident so that you can collect accident report, information about the place where the accident occurred etc.
Michigan’s no fault insurance law covers medical treatment expenses caused by a car accident; therefore, consult a doctor. If you don’t get medical treatment, you may not be able to receive “no fault” benefits for your injuries. Your insurance company may claim that your injuries happened after the accident. Similarly, other driver may argue that your injuries were not connected with the accident if you sue the other driver for the injuries you experienced.
After a car accident, it will be useful for you to consult with an experienced
Michigan car accident attorney. An experienced Michigan personal injury lawyer can assist you to defend your rights. Michigan “no fault” law requires that drivers of most motor vehicles secure “first party” insurance, to cover the cost of rehabilitation and medical treatment for persons injured as drivers or passengers of their own vehicles. If a person gets injured in an accident, he/she will normally file a claim for first party benefits with their own no fault insurance company. A person would file a claim with the insurance company that insures the vehicle in which he/she was traveling If he/she isn’t covered by his/her own policy. Under Michigan’s No Fault Act, people travelling by the vehicle are insured for losses.
Michigan’s “No Fault” statute shifts the risk of some losses from automobile accidents to the vehicle’s owner. For instance, you hold the responsibility to insure your own vehicle and its contents for damage in an accident. If you opt not to insure your vehicle against crash damage, even if you are fully innocent of guilt in an accident, if the other driver is appropriately insured your competence to recover from the other driver for property damage is limited to a small amount under the law. The statute is called a “No Fault” statute because you are liable for some costs irrespective of who is at fault. Similarly, the cost of your rehabilitation, lost wages and medical care will generally be paid by your own no fault policy, or that of the owner of the car in which you were riding. Consult Detroit car accident attorneys for details about the no-fault benefits.
For pain and suffering (non-economic losses) and excess economic loss (beyond the amount of “first party” economic coverage), you may file a lawsuit against the driver who caused the accident. However, the chances are that you may not be able to file a lawsuit against the other driver if (a) You are at fault for the accident, and your fault is more than fifty percent; (b) You were the owner of the vehicle in which you were riding, and did not carry a valid policy of insurance when the accident occurred. However, to check lawsuits over injuries caused by automobile accidents, recovery for pain and suffering or non-economic damages for accident-related injuries are applicable for cases where the person who makes the claim suffered permanent serious disfigurement, serious impairment of an important body function, or death. Consult car accident attorneys in Michigan for additional information.
For your convenience, each car accident attorney in Michigan offers a free phone consultation. Contact us today by calling (248) 588-3333 or (877) 737-8800 toll-free. An experienced Michigan car accident lawyer is waiting to speak with you about your legal matters.