Personal Injury – Auto Accident
Cases arising out of automobile accidents are by far the most common type of personal injury case pending in our court system today. A serious auto accident is a traumatic experience.
Often, for thousands of Michigan auto accident victims, the actual accident is only the beginning of emotional hardships that the injured person and their family experience. Sadly, the time for an adult or child to take action to preserve his or her legal rights starts to run from the day of the collision.
Every 10 seconds, someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA).
- If you have been involved in a motor vehicle accident, you must not hesitate to contact our office; lawyers who are experienced in automobile accident cases are ready to serve your interest.
- Statistics compiled in 1997 by NHTSA and the American Automobile Association showed that almost 13,000 people had been injured or killed since 1990 in crashes caused by aggressive driving.
- According to a NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families.
- About 30 percent of respondents said they felt their safety was threatened in the last month, while 67 percent felt this threat during the last year.
- The NHTSA defines aggressive driving as a progression of unlawful driving actions such as:
- Speeding-exceeding the posted limit or driving too fast for conditions;
- Improper or excessive lane changing;
- Failing to signal intent;
- Failing to see that movement can be made safely;
- Improper passing-failing to signal intent, using an emergency lane to pass, or passing on the shoulder.
During 2017 there were 314,921 reported auto accidents in the State of Michigan with a reported 78,394 reported injuries. Accidents can be single car, multiple car, personal and commercial vehicles, and can include multiple individuals.
Michigan Law outlines various forms of recovery for victims of an automobile related accident. You may have the ability to collect up to 1000.00 dollars or your deductible whichever is lower; have your medical expenses paid, including, but not limited to: have your wage loss paid; be compensated for pain and suffering.
The Michigan No-Fault Act can be complicated and difficult to understand. The attorneys at Nunley Wheelock are here to help you navigate through your available remedies under Michigan Law to recover what you are entitled to.
In order to preserve evidence and pursue the benefits you deserve, you need a motor vehicle accident attorney who is an expert in auto accident law. You need an attorney with a winning track record who won’t back down from insurance companies or the lawyers they hire to deny your claim. You need someone who will fight to get you the money you need for your medical expenses, your rehabilitation, your family and your property.
If you are concerned about your legal rights, contact an attorney before you talk with the insurance company of the person at fault. Signing the wrong papers could mean you’ve settled for less than you deserve.
It is not unusual that while still dealing with the effects of a debilitating injury an accident victim in unaware that time is running out for him or her to take the necessary steps to secure benefits. You should always seek to protect your legal rights, and consult with our office immediately after an automobile accident that causes serious personal injuries.
What to do if you are involved in an Auto-Accident?
- Stay calm and remain at the scene of an accident unless absolute medical emergency. If another driver is angry or aggressive, the NHTSA recommends the following: (1) Get out of the way: first and foremost, make every attempt to get out of his or her way. (2) Put your pride aside: do not challenge the aggressive driver by speeding up or attempting to hold-your-own in your travel lane. (3) Avoid eye contact: eye contact can sometimes enrage an aggressive driver. (4) Avoid gestures: ignore gestures and refuse to return them. (5) Report serious aggressive driving: you or a passenger may call the police, but, if you use a cell phone, pull over to a safe location.
- Contact the authorities, and if injured, ask for emergency medical services.
- Make a police report immediately with the department where the accident occurred.
- Seek medical attention immediately and use the services of EMS as injuries are not always immediately apparent.
- Find out the information from the other driver’s involved in the accident – name, address, phone number, drivers license number (including expiration date), license plate number, registration, and insurance information, including the insurance policy number.
- If the driver of the vehicle is different than the owner, you should also obtain the owner’s name, address, phone number and insurance information.
- Identify all witnesses to the accident and get their names, addresses and phone numbers, including passengers in vehicles involved in the accident.
- Contact your own insurance company immediately to inform them you were in an accident. Create a claim number and request forms to create a Personal Injury Protection (PIP) file to be opened.
- If a driver fled the scene of the accident, obtain the best information possible, make, model of car, license plate and description. Write down this information to use in a police report.
Checklist Following an Accident:
- Stay Calm :
Set flares if you carry them, and do not leave the scene of the accident.
- Exchange Documents :
Don’t discuss the accident with anyone or blame anyone, including you.
- Driver Facts :
Take down the name, address, operator’s license number, date of birth, sex, state of license, and the phone number of the other driver.
- Ownership Facts :
Write down the name, address, and the insurance company of the owner of the other car involved. The driver may not be the owner of the car.
- Injured Parties :
Seek immediate medical attention. Insurance companies often use your failure to seek immediate medical attention as a sign that you were not injured.
- Witnesses :
Be sure to write down the names, addresses, and phone numbers of any people who saw the accident but weren’t involved in it. Passengers in accident are not witnesses.
- Damages :
Make note of the damage to the your vehicle and the other vehicles involved in the accident.
- Draw a Diagram :
Make a note below the diagram of the date and time of the accident. Write down the location including the street, intersection, or any landmarks.
- Report the Accident :
Contact your insurance broker or agent immediately. Obtain a copy of the police report within 24 hours.
Michigan No-Fault Law
Michigan is a No-Fault State. The No-Fault law that governs auto accidents in Michigan is extensive and complex. The terms can be confusing to persons not actively involved with auto accidents. The two General terms under the No-Fault Act are First-Party Benefits and Third-Party Benefits.
Most of the economic damages suffer in an automobile accident will be paid by your own insurance company regardless of whether or not you were at fault in the accident. These economic benefits are called First-Party Benefits.
Third-Party Benefits are typically non-economic in nature and typically involve damages sought for pain and suffering.
Michigan First-Party Law
The Michigan No-Fault Act defining First-Party benefits states in part:
First-Party benefits 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.
Who has to pay your Michigan No-Fault Benefits
Michigan First-Party Order of Priority
Usually your own insurance is first in line to pay in a Michigan automobile accident; however, there are occasions where the order of priorities can change.
Driver or Passenger Order of Priority
- 1st priority is your own insurance policy, if none then…
- 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent or sibling), if none then…
- 3rd priority is to the insurer of the owner of the vehicle occupied, if none then…
- 4th priority is to the insurer of the operator of the vehicle occupied, if none then…
- 5th priority is to the Assigned Claims Facility.
Pedestrian Order of Priority
- 1st priority is to your own insurance, if none then…
- 2nd priority is to the insurance company of a resident relative (i.e. spouse, parent or sibling), if none then…
- 3rd priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then…
- 4th priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then…
- 5th priority is to the Assigned Claims Facility.
Motorcycle Order of Priority
- 1st priority is to the insurer of the owner of the motor vehicle involved in the accident, if none then…
- 2nd priority is to the insurer of the operator of the motor vehicle involved in the accident, if none then…
- 3rd priority is to the motor vehicle insurer of the operator of the motorcycle involved in the accident, if none then…
- 4th priority is to the motor vehicle insurer of the owner of the motorcycle involved in the accident, if none then…
- 5th priority is to the Assigned Claims Facility.
The Michigan Assigned Claims Facility
If no insurance exists under any of the above mentioned priorities, you still may have a claim under the Michigan Assigned Claims Facility. This 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. However, an uninsured driver, operating a vehicle they owned, does not qualify for Michigan Assigned Claim Facility assistance.
To apply for benefits from the Michigan Assigned Claims Facility call the Michigan Assigned Claim Fund directly at 517-322-1875.
Specific Michigan First-Party Benefits
Specific First-Party No-Fault Benefits you are entitled to from your own insurance company include the following:
WAGE LOSS
Michigan No-Fault law allows for an injured individual to receive 85% of their salary if a doctor has disabled the injured party from working due to the injuries suffered in the automobile accident. This benefit cannot exceed a period of 3 years. The money received through no-fault wage loss reimbursement is considered tax free; therefore, a fifteen percent (15%) reduction is allowed which accounts for taxes. There is a statutory cap on the maximum amount of wages an insurance company is obligated to pay to an individual per month. Consulting with our office is highly recommended.
ATTENDANT CARE
Attendant care benefits are sometimes called Nursing Services. Severe Injuries often require the injured person to receive supervision and assistance for prolonged periods of time. There are no firm guidelines on the responsibilities of an insurance company as to the amount of attendant care. Therefore the quality of care may be dependent upon the insurance carrier. You should contact our office to secure premium attendant care benefits for yourself or a loved one.
REPLACEMENT SERVICES
This term refers to reimbursement for services that you would have performed on your own had you not been injured in an accident. A physician needs to document that you are unable to do these tasks on your own, and your insurance company usually requires documentation of who performed the services, and when they were performed. Currently, Michigan law limits the reimbursement for replacement services to no more than $20 dollars per day. Also, Michigan law allows for only three years of replacement service benefits.
MILEAGE REIMBURSMENT
Michigan No-Fault Law provides for the reimbursement for mileage traveled to and from doctor’s appointments.
The Statute of Limitations or time a person has to file a First Party lawsuit is 1 year. Minors are allowed until one year past their 18th birthday and there are certain other exceptions for military personnel and those judged mentally incompetent. If you are hurt in an auto accident, it is advisable to contact our office immediately.
MEDICAL BILLS FOR LIFE
To qualify for medical expense reimbursement, a bill must be reasonable (in cost and necessity) and the bill must actually be incurred. Consulting with our office is highly recommended. Pre-payment of bills due to an automobile accident is not required. Often an insurance company will claim a procedure to be unnecessary, or may dispute the amount billed by the doctor. Medical coverage is provided for life as long as the treatment received is related to the automobile accident.
There are two types of medical coverage in the event of an accident:
The first type is un-coordinated benefits and the second type is coordinated benefits. The terms of your policy dictate benefits you will receive. An uncoordinated policy pays benefits regardless of the presence of other health insurance. A coordinated policy requires secondary health insurance to pay first, and provides remaining amounts are paid by the auto insurance. Consulting with our office is highly recommended to protect against these actions by insurance companies.
THIRD-PARTY BASICS
While economic damages are recovered in a No-Fault state through one’s own insurance, damages for pain and suffering, disfigurement, death, and wage loss in excess of 3 years represent the components of a Third-Party Benefits. A Third-Party claim is one made against the at-fault driver in an automobile accident. In Michigan, to prevail in a claim against the other driver for non-economic damages, the injured party must demonstrate that the injury suffered meets the legal threshold. This is term of art is defined by statute as either: A serious impairment of an important body function or serious disfigurement/scarring, or death.
Most insurance companies and their adjuster classify an injury as not being a serious impairment of a body function. However, if you have an independently documented injury to an important part of your body, that affects your general life, then you should contact our office to pursue a claim for third party benefits.
FAULT
To recover from under Third Party Benefits, a driver other than you needs to be at fault. As with other types of accidents, figuring out who is at fault in a traffic accident is a matter of deciding who was negligent. In many cases, your instincts will tell you that a driver, cyclist or pedestrian acted carelessly. Fault issues can be complicated, and an experienced attorney from Nunley Wheelock, P.C., will look to a number of sources, such as police reports, state traffic laws, and witnesses, to help you determine who was at fault for your accident.
Courts look to a number of factors in determining whether a driver was negligent. Some of these factors include, but are not limited to, the following:
- Disobeying traffic signs or signals;
- Failing to signal while turning;
- Driving above or below the posted speed limit;
- Disregarding weather or traffic conditions;
- Failing to drive on the right side of the road; and
driving under the influence of drugs or alcohol
The Statute of Limitations or time a person has to file a Third Party lawsuit is 3 years. Minors are allowed until one year past their 18th birthday and there are certain other exceptions for military personnel and those judged mentally incompetent. If you are hurt in an auto accident, it is advisable to contact our office immediately.