If you live in Michigan and have been involved in a car accident, you need to understand how the state's unique no-fault car insurance requirements affect your ability to sue the driver who was responsible for the accident.
#1 Your Insurance Covers Your Injuries
In the state of Michigan, all drivers are required to carry no-fault car insurance. Essentially, no-fault car insurance means that you carry your own personal injury protection policy.
If you are involved in an auto accident, instead of relying on the other driver's insurance to pay your medical bills, your auto insurance is obligated to pay your medical bills for you. They are also required to cover any lost wages that you suffer as a result of the accident. Your insurance is obligated to pay for all of your medical expenses up to the limits of your policy.
#2 No Insurance? That's Your Problem
If you don't have insurance, the other driver's insurance company is not obligated to pay your medical bills. In fact, if you don't have insurance and are involved in a car accident, you could find yourself facing a ticket or fine for breaking the law and failing to operate a vehicle without property insurance.
#3 Serious Injuries Are The Only Ones That Make It To Court
Due to Michigan's no-fault car insurance policy, if your insurance will pay for your medical bills and lost wages, you cannot pursue the at-fault driver through the court system. This policy was put in place so that small vehicular accident lawsuits would stop clogging up the court system.
The only exception to this rule are serious injuries. If you sustained a serious injury that either caused permanent damage, serious disfigurement, or serious impairment, you can pursue the other driver in court of any and all expenses that exceed those covered under your no-fault insurance policy.
#4 Statute Of Limitation Still Applies
If you sustained serious injuries, it is important to note that there is a statute of limitations to your claim. If you sustained serious injuries, you have three years from the date of your accident to start your claim. That means your attorney would need to file the initial complaint as well as the summons within one year of the date of your accident.
If you were involved in a car accident in Michigan, more than likely your injuries will be covered through your own insurance policy and you will not need to sue the other driver for payment of your injuries. You can only sue the other driver if you sustained serious injuries that exceeded your no-fault insurance policy.
Consult with a company like Barton Smith & Barton LLP to learn more about your rights in situations like these.Share
11 January 2016
Although I am far from perfect, I have focused on abiding by the local laws for the vast majority of my life. Unfortunately, about five years ago, I realized that I was being accused of a crime that I didn't commit. I thought about letting the trial run its course, but then I realized that fighting would be important to ensure my future. I teamed up with a great lawyer, and things became much easier overnight. My legal counsel told me what to do and what to avoid, and he was able to prove the facts in a court of law. This blog is all about choosing to fight charges.