AUTOMOBILE ACCIDENTS

     Under the Michigan No-Fault Act, an insurer is liable to pay for benefits that are incurred by a claimant for injuries they sustain in a motor vehicle accident.  This includes medical expenses, lost wages, attendant care (home nursing by friends/ family/ professionals), household services (household and residential chores that you are unable to do) and medical mileage (reimbursement for miles to/from medical appointments).  

     A claimant's timeframe to file a lawsuit to recover those benefits is one (1) year from the date the benefit is rendered.  This one-year-back rule requires the claimant to act fast and not allow their claims to expire, as the injured party will then be personally liable for the medical bill, forfeit their claim(s) and not be entitled to reimbursement of the claim(s)  by their no-fault insurer.  

     Call us 24/7, we are here to help with a free consultation and a no-fee unless you recover guarantee. 

     An injured party may sue the other driver under the Michigan No-Fault Law, if that other driver was negligent in the operation of a motor vehicle.  In order to recover, a claimant must demonstrate a "serious impairment of a body function."  Under the Michigan No-Fault Act, this is defined as the following:

      (a) It is objectively manifested, meaning it is observable or perceivable from actual   

            symptoms or conditions by someone other than the injured person. 

      (b) It is an impairment of an important body function, which is a body function of 

            great value, significance, or consequence to the injured person.  

      (c) It affects the injured person's general ability to lead his or her normal life, meaning 

            it has had an influence on some of the person's capacity to live in his or her normal 

            manner of living. Although temporal considerations may be relevant, there is no 

            temporal requirement for how long an impairment must last. This examination is 

            inherently fact and  circumstance specific to each injured person, must be    

            conducted on a case-by-case basis, and requires comparison of the injured 

            person's life before and after the incident.

     There are multiple factors that affect a claimant's ability to bring a third party action.  Many of the exclusionary factors that the claim will face are well within their own control , so it is very important to obtain legal representation immediately after a motor vehicle accident in which you believe you were injured.  Even in cases when you think you may not be injured, it is still recommended to consult with a legal advisor, as some injuries present days or weeks after the accident.  Call us 24/7, we are here to help with a free consultation and a no-fee unless you recover guarantee. 

     Uninsured and Underinsured coverage is an opportunity to ensure that if you are in an accident, you will be compensated regardless of the insurance status of the at-fault driver.  While double recovery is not allowed, the election of uninsured/ underinsured will allow you to make a claim if you are injured and the other driver does not have insurance, or if that at-fault driver has a low value policy.  

     Call us 24/7, we are here to help with a free consultation and a no-fee unless you recover guarantee. 

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