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Thompson,
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What Rights Do Victims of an Auto Accident have in Michigan?
Traverse City Record-Eagle Forum: Drivers can't rely on just lights and sirens
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If you have been involved in an auto accident, you need to protect yourself. Your legal rights and those of your passengers are involved. Therefore you should contact your own attorney before you talk to any representative of the insurance company of the person who caused the accident. Signing papers that an insurance company’s agent may give you might mean that you’re settling for much less than you are entitled to receive. It’s important to remember that your rights begin on the day of an accident and that there are legal time limits within which you must protect your rights. Sometimes you or one of your loved ones who was a passenger in your car may be seriously injured. Your time may be consumed with your own healing process or with care-giving for an injured loved one. Nevertheless, unless you protect yourself and your loved ones, time limits can bar your claims. Those time limits start to run on the day of the accident. Thus you should talk to your own attorney soon afterwards, so that you can protect your rights and the rights of your loved ones.
For further information call us at 1-231-929-9700 or call us toll-free at 1-800-678-1307.
________________________________ • First party basics The laws that govern Michigan automobile accidents can be confusing because Michigan has many laws involving automobile negligence. Those laws are complex. Automobile accident lawyers and insurance agents might use terms to talk about those laws that are confusing. Much of the confusion stems from the fact that you have two entirely different kinds of rights under a Michigan No-fault insurance policy. You have something called “First-Party Benefits” and something called “Third-Party Benefits.” It’s important to remember that your rights begin on the day of an accident and that there are legal time limits within which you must protect your rights. Sometimes you or one of your loved ones who was a passenger in your car may be seriously injured. The other confusing matter is that Michigan law concerning automobile accidents isn’t like that of all other states. Michigan is a “No-Fault State.” As a consequence, most of the economic damage you or your passengers might have suffered in an automobile accident will be paid by your own insurance company no matter who was at fault in the accident – you or the other driver. These economic benefits are called “First-Party Benefits.” But the other driver will remain responsible for “Third-Party Benefits.” These are typically non-economic in nature. Usually, these involve damages sought for pain and suffering of the injured party or parties. Both of these types of benefits are described in greater detail below.
First-Party benefits under Michigan No-Fault automobile insurance law are “payable to anyone who suffers an injury arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle.”
You might ask “what does that mean?” That would be a good question. The issue of what injuries arise “arising out of the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle” has been interpreted by the Michigan Court of Appeals and/or its Supreme Court.
Your lawyer can explain in detail what the courts have decided that you are entitled to recover if you are injured in an auto accident. By consulting with your attorney, you can make sure that your own insurance company is properly paying your “First Party benefits.”
Michigan First-Party Order of Priority
Sometimes there are several insurance policies that could be available for coverage in the event of an auto accident. Even though your own insurance is first in line to pay if you’re involved in a Michigan automobile accident, sometimes an uninsured individual is an innocent passenger in a motor vehicle. If that occurs, then determining which insurance company is responsible to pay Michigan No-Fault Benefits can be complex.
Some insurance companies may balk at payment. It’s essential, then, that you consult with your own attorney to make sure that your claim is being handled and paid by the proper insurance company. Michigan’s No-fault auto insurance laws explicitly regulate the legal and financial responsibility for economic loss caused by an auto accident. Remember that you have only one year from the date of your injury to resolve the payment issues or file a lawsuit. Contact Thompson, O'Neil & VanderVeen for more information
Driver or Passenger Order of Priority
No. 1: The first in priority is your own insurance policy, if none then...
No. 2: 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent or sibling), if none then...
No. 3: 3rd priority is to the insurer of the owner of the vehicle occupied, if none then... No. 4: 4th priority is to the insurer of the operator of the vehicle involved in the accident, if none then...
No. 5: 5th priority is to the Assigned Claims Facility.
Motorcycle Order of Priority
Motorcycles are not considered true vehicles under Michigan law. As a result, a more divergent order for receiving benefits exists if a person is involved in a car/motorcycle accident in Michigan. In this situation, the priority would be as follows:
No. 1: 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then...
No. 2: 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then...
No. 3: 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then... No. 4: 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then... No. 5: 5th priority is to the Assigned Claims Facility.
The Michigan Assigned Claims Facility
The Michigan Assigned Claims Facility is a State Agency founded in 1973 and empowered to assign an insurance company to provide benefits if the injured party could not obtain benefits from other sources.
Remember that an uninsured driver, operating a vehicle they owned, does not qualify for Michigan Assigned Claim Facility assistance. For an application for Michigan Assigned Claims Benefits call the Michigan Assigned Claim Fund directly at 517-322-1875.
Specific Michigan First-Party Benefits f you are injured in an auto accident in Michigan, your auto insurance company should pay your medical bills. Auto insurance companies reimburse you for medical expenses that
(a) are reasonable, both in cost and necessity,
(b) are actually incurred, and
(c) are related to the accident. Auto insurance companies are not required to guarantee pre-payment of expenses due to an automobile accident. Strict Time Limitations If your auto insurance company claims that a procedure ordered by your physician is unnecessary or disputes the amount billed by the doctor, call our office promptly so that your claim can be secured before the time limits expire. A recent court decision in Michigan means that you have only one year from the date of your injury to either resolve the coverage issues with your insurer or to file a lawsuit to force your insurance carrier to pay your medical expenses. Contact the lawyers at Thompson, O'Neil & VanderVeen for more information about how to protect your rights. Two Types of Benefits There are two types of medical coverage in the event of an auto accident provided by auto insurance companies, un-coordinated benefits and coordinated benefits. The kind of benefits you will receive depends upon the terms of your policy. If you are entitled to uncoordinated benefits, the company pays benefits whether you have other health insurance or not. If your policy provides for coordinated benefits, then your health insurance company, if you have one, must pay first. The auto insurance pays for expenses that the health insurance company doesn’t pay. Frequently, a primary health insurance policy and an automobile insurance policy may contain contradictory language about which company has the first obligation to pay medical bills. Because you might lose the right to have the auto insurance company pay expenses for which it is liable if the claim isn’t properly submitted within one year of the date a medical expense is incurred, you should call an attorney promptly if your insurance company is not taking care of your medical bills in a timely manner. Contact the lawyers at Thompson, O'Neil & VanderVeen for more information about how to protect your rights. Under Michigan’s No-Fault auto insurance law, your auto insurance company is responsible to pay an injured person 85% of his or her salary if the individual has suffered injuries in an auto accident that cause him or her to be disabled from working. These benefits are owed for the first three years of disability. The money paid through no-fault wage loss reimbursement is tax free, and the 15% reduction takes normal taxes you would have paid into consideration. Wage loss claims are subject to many rules. There is also a cap on the maximum amount that an insurance company is obligated to pay an injured person per month. You should consult an attorney if you have any questions about a wage loss claim. Contact the lawyers at Thompson, O'Neil & VanderVeen for more information about how to protect your rights. Under Michigan No-fault auto insurance law, companies are required to provide nursing services or attendant care if a doctor says that they are medically necessary. If injuries are serious, doctors may order supervision and assistance for prolonged periods of time, sometimes around the clock. Problems with auto insurance companies paying for attendant care often arise because of a lack of firm guidelines indicating how much the insurance company must pay for these services. Other problems injured persons encounter relate to the quality of care and ability to choose the care provider. If you have any questions or concerns about the attendant care benefits received for yourself or a loved one, contact the lawyers at Thompson, O'Neil & VanderVeen for more information about how to protect your rights.
Under Michigan’s No-Fault Law, your insurance company is obligated to reimburse you for mileage traveled to and from doctor's appointments.
Specific Michigan Third-Party Benefits Your own Michigan No-Fault auto insurance company is responsible to pay the economic benefits described above. You are entitled to recover economic damages for pain and suffering, disfigurement, death, and wage loss in excess of 3 years from the driver of an automobile that injured you, or from the owner of that automobile. The only economic benefits you are entitled to in a Third-Party lawsuit are the wages you will lose on account of your injuries.
In Michigan, the injured party must prove that he or she has suffered what the law terms a threshold injury in order to prevail in a claim against the other driver for non-economic damages. A threshold injury is defined by statute as
(a) a serious impairment of an important body function or
(b) serious disfigurement/scarring, or death
Unfortunately, injured persons often have to fight with insurance company adjusters who claim that an injury is not a serious impairment of a body function. Remember that the insurance adjuster works for the insurance company, not for you. You should contact our office to fight for the benefits you are entitled to if you have an injury to an important part of your body that is objectively shown and documents and that affects your life by preventing you from doing things that you were able to do prior to your accident.
Questions frequently arise about the legal definition of a “serious impairment of an important body function.” Basically, what it means is this: The injury must be serious and it must be objectively shown. Diagnostic tests or tools such as X rays, magnetic resonance imaging, CT scans, electromyograms, and other tests are used to “objectively show” the injury. Sometimes an injury cannot be shown by sufficient objective evidence to allow a suit to be maintained – even hand, neck or back pain lasting for years. If a court determines that there is not sufficient objective evidence of a serious injury, it may dismiss a claim. In order to be sufficient to withstand a dismissal, the injury has to be serious, objectively manifested, affect an important body function, and affect a person's general ability to lead his or her normal life.
Thus, to prevail, you will need to prove that the other driver was more than 50% at fault in the accident, that you have a serious injury that a doctor has been able to document with an objective test or diagnostic tool, and that the injury affects an important body part and affects normal daily living. Evidence from family members, friends, treating medical providers, co-workers, and other persons might be able to corroborate before-and-after differences and help you assess and establish the impact that the injury has had on your life.
It’s important to consult with an attorney promptly if you are injured in an auto accident. Michigan law provides time limits within which you must file your claim in order to be entitled to sue an insurance company that refuses to comply with an obligation to pay damages. The time limit is called a Statute of Limitations. A person has to file a Third Party lawsuit no later than 3 years after the accident. There are certain exceptions. For example, minors can sue if they file a claim within one year past their 18th birthday. There are other exceptions for military personnel and those judged mentally incompetent. If you have any questions or concerns about whether you have a claim against the other driver involved in an auto accident, contact the lawyers at Thompson, O'Neil & VanderVeen for more information about how to protect your rights. Frequently Asked Questions About Michigan Automobile Accident LawQuestion: If I am disabled from working, is there a limit to the amount of wage loss benefits my own insurance company has to pay me?
Answer: Yes. Michigan No-Fault law places a cap on the maximum monthly amount for Wage Loss benefits. The law provides for an adjustment every year for inflation.
Question: Do I have to pay taxes on my wage loss benefits?
Answer: Currently, neither Michigan nor Federal law assess taxes against wage loss benefits an injured person receives from an automobile insurance company as a result of an auto accident.
Question: Do I have any rights to recover if the car I was driving was uninsured at the time of an accident?
Answer: Michigan No-Fault auto law bars you from bringing suit against an at-fault driver and you have no claim for First-Party benefits if the car you were driving is uninsured and you were the registered owner of the vehicle.
Question: Do I have any rights to recover benefits if the police say I was at fault in the accident?
Answer: You do not have a claim against the other parties involved in the accident if it is determined that you were more than 50% at fault in an auto accident. You should consult with our office, however, even if you received a ticket for an auto accident. We can advise you whether you may have a likelihood of success in making a claim against the other driver. Question: What is Uninsured Motorist Coverage?
Question: What is the difference between uninsured motorist coverage and underinsured motorist coverage?
Answer: Underinsured coverage provides a person injured in an accident with an additional source of benefits if the at-fault driver has insufficient coverage. Thus, it is different from uninsured coverage, described above, which may be available when there is no identifiable insurance on an at-fault vehicle. For example, if the at-fault driver has an insurance policy with limits of only $20,000, and you have a policy for $100,000 of underinsured coverage, you may be able to seek up to $80,000 in additional compensation from your own insurance company. You should promptly consult an attorney prior to accepting any settlement offer from your insurance company because you will not want to prejudice your rights under an uninsured endorsement on your policy. Your attorney knows how to deal with your insurance company to make sure that you maximize your recovery.
Question: What if the person who hit me had been drinking?
Answer: You may have an additional claim for damages if the driver of the car that hit you had been drinking under a law called The Dramshop Act. This law allows you to sue the owner of a restaurant or bar who inappropriately sold alcohol to a person involved in an automobile accident. There are several common dramshop claims. The first involves alcohol being served to someone who is visibly intoxicated. Another involves alcohol being served to a minor. Because there are strict time limits involved in dramshop claims and to facilitate the discovery of witnesses and facts to support your claim, if alcohol was involved in your accident, you should contact our office immediately. You have only 120 days from the time you retain a lawyer to file a dramshop claim.
Unfortunately, insurance companies often vigorously resist paying damages to an injured victim, especially in auto accident cases. Our firm has over twenty years of experience in dealing with insurance companies to protect our clients’ interests. We will vigorously represent your interests. We will keep you advised of how your case is progressing. We will do everything possible to ensure your family's emotional well being during the time it takes to pursue your claims.
Some insurance companies may balk at payment. Remember that you have only one year from the date of your injury to resolve the payment issues or file a lawsuit. Contact Thompson, O'Neil & VanderVeen for more information. Professional Evaluation of Your Rights Our office has the experience and the staff to diligently document your claims, determine what insurance policy or policies may be available to compensate you for your injuries, determine your rights, and file the appropriate claim or claims on your behalf. Injured people who are represented by lawyers usually obtain far greater recoveries than those individuals who try to represent their own interests. If you have any questions or concerns about the replacement services benefits received for yourself or a loved one, contact the lawyers at Thompson, O'Neil & VanderVeen for more information about how to protect your rights. Our Firm‘s Automobile Accident Qualifications The Law Office of Thompson, O’Neil & VanderVeen has represented seriously injured people for over twenty-five years. We’ve gained a reputation as highly competent professionals, not only among the people we’ve served, but also among our peers. George Thompson has taught many aspects of personal injury law to Michigan lawyers in seminars all over the State of Michigan.
Thompson, O’Neil & VanderVeen has three highly qualified attorneys to vigorously represent our clients. Our firm uses a team approach. We not only have exceptional legal assistants, but we frequently call upon independent consultants such as accident reconstructionists to help our clients assemble the very best evidence to present to a jury. It’s not at all unusual for our prior satisfied clients to refer clients to us. Other clients are also referred to us by other attorneys or by doctors' offices. Even insurance company employees have referred friends and family members to our office. These folks are confident that their friend’s or family member’s claim will be handled thoroughly, competently, and professionally by our team. Insurance companies have come to know that if our team is making a claim on behalf of an injured person, they need to take this claim seriously.
Our firm is focused and committed to help injured people pursue their legal rights to our clients. We take your claim seriously, and our goal is to help you get the best possible settlement. We know that it is difficult for our clients to cope with the litigation process, and we are committed to standing by you during those tough times.
Free Consultation – Will the Firm Evaluate my Claims?
If you or a loved one has been injured in an automobile accident, you can contact our office for a free consultation. We will ask you for information related to your accident and a member of our legal team will evaluate that information and respond the same day. We will keep the information that you give us completely confidential and use the information only to determine whether or not you have a legal claim. By giving us information, you are not obligated in any way. Submitting information to our firm does not create an attorney/client relationship.
You can always contact us directly at 231-929-9700. If you are out of the area, you can use our toll-free number. 1-800-678-1307. Or email Thompson, O'Neil & VanderVeen, P.C.
What Should Victims of an Auto Accident in Michigan Do to Protect Their Rights?
If you’re reading our website, you have probably already been injured in an automobile accident. There are several important things that you should have done after an auto accident. If you’ve neglected any of these, contact your attorney so that follow-up can occur to help you protect your rights.
If you are involved in an auto accident in Michigan, these are the things that you should do:
2. Make sure that a police report is filed. If anyone has been injured, make sure that emergency medical personnel are summoned. 3. Your accident might have occurred on private property – the parking lot of a shopping mall, for example. The police do not respond to such accidents unless there is an injury. You should, however, if there is property damage, promptly make a police report with the local police department of the city where the accident occurred. 4. If you are injured, or if a passenger in your car is injured, you should promptly seek medical attention. Even though you might not feel that you are injured, frequently, serious injuries are not immediately apparent. For more information to help you protect your rights and those of your loved ones if you've been injured in an automobile accident, you can always contact us directly at 231-929-9700. If you are out of the area, you can use our toll-free number. 1-800-678-1307. Or email Thompson, O'Neil & VanderVeen, P.C. Print Thompson, O'Neil & VanderVeen's Automobile Negligence Brochure This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You can always contact us directly at 231-929-9700. If you are out of the area, you can use our toll-free number. 1-800-678-1307. Or email Thompson, O'Neil & VanderVeen, P.C. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. |
Contingency Fee Contract
If our firm agrees to represent you in an injury case, you and the firm will enter into a contingency fee contract. This means that you will pay no fees unless you collect.
Email: info@tovlaw.com
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