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
There are few things as traumatic as a serious auto accident,
and no one could imagine that such an accident could impact
their lives. Unfortunately, auto accidents occur frequently in
the United States – about 20 million of them every year. Even if
you are a careful driver, there may be a time when you cannot
avoid another driver’s negligent actions.
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.
The Basics: Michigan
No-Fault Automobile Insurance Law
•
First party
basics
• First party order of priority
• Specific Michigan
first and third party benefits
•
Frequently
asked questions
• Why you need a lawyer
• Our firm’s qualifications
• Free consultation
• What should you do to protect your rights?
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.
Michigan First and Third Party Auto Insurance
Basics
[Read here about Michigan auto
insurance benefits]
FAQs: Michigan Auto Insurance Benefits
[Read FAQs about Michigan
auto insurance benefits]
Do You Really Need a Lawyer?
A Lawyer can Help You Fight the Insurance Company
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:
Don’t panic. Protect your passengers and yourself by
setting flares to alert on-coming motorists if your car
is disabled in a traffic lane. Do not leave the scene of
an accident.
Make sure that a police report is filed. If anyone
has been injured, make sure that emergency medical
personnel are summoned.
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.
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.
You should ask the driver of the car that hit you for
the following information: - name, address, phone
number, drivers license number (including expiration
date), license plate number, registration, and insurance
information. Be sure to get the specific insurance
policy number. Do not discuss the accident with the
other driver or assign blame.
You might be alerted that the driver doesn’t own the
car. If so, be sure to get the name of the owner, and
his or her address, phone number and insurance
information.
Look around! Ask all witnesses to the accident for
their names, addresses and phone numbers. Be sure to get
this information from any passengers in the car that hit
you.
Note the make, body type, year, and license number of
the other vehicle. Also, make note of the damage to the
other vehicle. Take photos if you happen to have a
camera in your car.
9. Ask the police who investigate your accident for
their names and badge numbers. Get an incident number so
that you can order their report later. Order a report
within 24 hours.
10. Let your own insurance company know right away
that you were in an accident. Get a claim number.
Make sure that your agent knows that you want to have a
Personal Injury Protection (PIP) file opened to preserve
all of your rights under your policy. There are
important benefits that you might be entitled to under
your own policy if you let your car insurance company
know that they should open a file.
Be sure to make a police report if the driver who
struck fled the scene of the accident! Be sure to notify
your own insurance company immediately of the accident.
There is a time limit – usually thirty days – on most
auto insurance policies during which you must give
notice of your intent to make a claim arising out of an
accident caused by an unidentified driver. If this
was a hit and run and you or one of your passengers was
injured, be sure to talk to your own lawyer immediately
to see what rights you may have that you should
preserve.
Sometimes accidents are caused by car drivers and/or
owners of car who don’t have automobile insurance. If
this is the case with your accident, you need to
immediately notify your own insurance company in order
to preserve rights to an uninsured and/or underinsured
motorist claim. Failure to promptly notify your
insurance company might result in your loss of any or
all benefits you might have had the right to pursue in
the case of uninsured drivers.
Be aware that automobile insurance companies put
specific limitations in your auto insurance policies and
that you need to take action quickly after an accident
to make sure that your rights are protected. Contact our
promptly to avoid any loss of your rights to benefits
under an insurance policy after an accident.
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.
Free Initial Consultation
Of course, we'll be happy to discuss your case at no charge.
Telephone our office to make an appointment for a free consultation or to
receive our brochure. 1-231-929-9700. Or email us at
info@tovlaw.com.
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.
Print Thompson, O'Neil & VanderVeen's
Automobile Negligence Brochure
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Email:
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