Michigan Pedestrian Accident Laws

What you need to know to protect your legal rights

No one wants to be a victim of a motor vehicle accident. Conceivably, the most alarming situation is the chance of being a pedestrian hit by an automobile or by a hit and run. After an automobile accident, a victim pedestrian may experience tremendously severe injuries, which may necessitate admission to a hospital, surgery and medical treatment for long time. Frequently, victims do not recover their capability completely to go back to school or work or to continue with previous personal activities. If you or any of your family members encounter an automobile accident as a pedestrian, you should protect your legal rights. Contact an experienced Michigan pedestrian accident attorney before you talk with the insurance company of the person who is at fault for the accident. If you sign incorrect documents, chances are that you will miss all your legal claims or settle for far less than you actually deserve. Therefore, seek advice from an experienced Michigan pedestrian accident lawyer to protect your legal rights. Michigan pedestrian accident attorneys can also clarify the relevant laws to you. If you were involved in a hit and run, you must contact an attorney to learn what your legal rights are.

Pedestrian Accident Claims: Michigan No-Fault Law

Michigan is a No-Fault State. This signifies that your own insurance company will recompense most of the financial damages you suffer in a Michigan pedestrian or auto accident; it doesn’t matter whether or not you were at fault in the accident. These monetary benefits are termed as First-Party Benefits. After a Michigan pedestrian/auto accident, the First-Party No-Fault Benefits which you claim from your own insurance company include:

Medical Bills for Life

As per the provisions of Michigan pedestrian / auto accident law, the medical coverage will have to continue for life, or until you require treatment for injuries suffered in the Michigan pedestrian/auto accident. To be eligible for medical expense reimbursement, a bill will have to be realistic and it will have to be really incurred. In the event of an accident, insurance companies in Michigan provide two types of medical coverage: Coordinated benefits and uncoordinated benefits. Your insurance policy mentions what type of benefits you will obtain. A coordinated policy requires your other health insurance to reimburse initially, and your automobile insurance company will pay amounts which your primary insurance company does not cover. An uncoordinated policy pays benefits, in any case of the existence of other health insurance.

Wage Loss
Under the Michigan No-Fault Law, an injured individual is allowed to obtain 85% of his or her lost wages, if a doctor found the victim disabled from work due to injuries suffered in a motor vehicle accident. This benefit will not exceed a period of three years.

Attendant Care
As per the provision of Michigan law, the no-fault insurance company will have to pay for attendant care for an injured victim who needs assistance or supervision while recovering at home.

Replacement Services
This term refers to repayment for services which you would have done on your own, if you were not injured in an accident. If you paid or promised to pay for household services, chores, errands, etc., which you typically performed on your own, then you can be entitled to reimbursement for these expenses. A physician will have to provide a written statement that you are not able to do these works on your own.

Mileage Reimbursement
Time and again, medical treatment, tests, and therapy require an injured person to travel long distances from his/her residence. Michigan No-Fault Law makes the provisions for the reimbursement for mileage travelled to and from this medical care.

Pedestrian Order of Priority

First priority will be to the victim’s own insurance company. If none, second priority will be to the insurance company of a resident relative of the victim (i.e. parent, sibling or spouse). If none, third priority will be to the insurance company of the owner of the vehicle involved in the accident. If none, fourth priority will be to the insurance company of the operator of the vehicle involved in the accident. If none, fifth priority will be to the State of Michigan Assigned Claims Facility.

Third-Party Claims

Whereas First-Party Benefits cover most economic losses, Third-Party Benefits give damages for pain and suffering, scarring or disfigurement, death, and wage loss in excess of three years. A Third-Party legal claim is filed against the at-fault driver in the motor vehicle accident. In Michigan, to succeed in a claim against a careless driver for non-economic damages, the injured victim must demonstrate that he/she suffered a serious impairment of an important body function, serious disfigurement or scarring, or death.

Contact Goldman & Associates for a Free Consultation

For your convenience, each pedestrian 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 pedestrian accident lawyer is waiting to speak with you about your legal matters.

Disclaimer: The information presented on this website by our Michigan pedestrian accident lawyers is not considered legal advice and for informational purposes only. We do not guarantee that the validity of the material presented here and that the content is error-free. Utilizing our website does not in any way create an attorney-client relationship. For legal advice, please contact our experienced Michigan Pedestrian accident attorneys at (877) 737-8800.

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