3rd Party Claims - Suing the at-Fault Driver

Under MCL 500.3135, an injured party may sue an at-fault driver under tort liability when that injured person has suffered (1) death, (2) serious impairment of body function, and/ or (3) permanent serious disfigurement

As injuries may appear days, weeks or even months after an accident, It is important to have your situation immediately evaluated by a professional. The consultation will provide you with an experienced advocate and provide you with the proper knowledge and  tools to ensure you do not forfeit or minimize your claim. 

The law requires that a serious impairment of a body function meet the following criteria.  

1. The injury must be objectively manifested, meaning that the injury is medically identifiable through objective testing (X-ray, CT, MRI, EMG or other testing methods); 
2. The body function be important, meaning it is of great value, significance, or consequence to the injured person; AND 
3. The injury affects the injured person's general ability to lead his or her normal life.

 An important body function may differ with each individual.  While a non-dominate hand pinky finger injury may not affect most, it may be devastating to a professional pianist.

3rd party actions can hold an at-fault driver economically responsible for benefits such as excess work loss past the 3-year limitation imposed under MCL 500.3107 dependent on the injury.