MICHIGAN AUTO ACCIDENTS

There are several things that you should do immediately after a car accident, which include:

• Notify of the police of the accident, especially if they do not come to the accident scene.
• Provide the investigating officer with your driver’s license, proof of insurance, & vehicle registration.
• Make sure there is a written police report made after the accident.
• Get the drivers license number and license plate number of the other vehicles in the crash.
• Take photographs on your phone of damage to your car and other vehicles.
• Get the names, telephone numbers, and addresses of all witnesses to the accident
• Report the accident to your own auto insurance company after the accident
• Request an Application for No-Fault Insurance Benefits from your insurance agent

Contact our experienced attorneys at Gordon & Pont right away by calling 248-395-4100 or 800-529-6424.

Michigan is a no-fault insurance state which means that every automobile is required by law to be covered by a no-fault insurance policy. This policy provides coverage and valuable benefits to anyone injured in an auto accident. These benefits, referred to as Personal Injury Protection (or "PIP") benefits include:

• Up to $6065 per month of wage loss benefits for 3 years.
• Unlimited medical payments for life for accident related treatment.
• Unlimited home healthcare for life if required.
• Replacement household services.
• Medical mileage for trips to your doctors and back home.
• Home modifications required due to your accident related injuries.

Even if you were at fault, almost every person injured in a Michigan car accident, motorcycle accident, truck accident, bicycle accident, or pedestrian accident, is entitled to Michigan No-Fault insurance benefits. It does NOT matter who was as fault for the accident. You can even get these life long benefits if you did not own a car or have your own auto no-fault insurance policy.

Claims for PIP benefits must be made – and paid - within ONE YEAR of the accident or those claims are lost forever. This is called the “one year back rule” and it is very important not to miss that deadline.

A person injured in an auto accident can also make a claim against the at-fault driver that caused the accident. This is called a third party negligence claim.

Under Michigan law, negligence means the failure to use ordinary care. Ordinary care means the care a reasonably careful person would use or the failure to do something that a reasonably careful person would do, or the doing of something that a reasonably careful person would not do, under the circumstances. For auto accident cases, the most common types of negligence are driving too fast, running a red light, careless driving, hitting a vehicle from behind, texting while driving, drunk driving, and many other things.

These cases are completely different than a claim for PIP benefits. While PIP claims are for “economic” damages – things you can put an exact dollar amount on such as wage loss and medical bills – third party negligence cases are for “non-economic” damages that you cannot easily put an exact number on such as:

• Pain and suffering.
• Scars and disfigurement.
• Psychological Injuries (like PTSD or depression)

Third party liability claims are made against the insurance company for the other driver and owner of the other vehicle. Because you cannot easily put an exact dollar amount on “non-economic” damages the insurance company will try to make low ball offers. This is why you need an experienced attorney to negotiate on your behalf. There is a 3 year statute of limitations for third party cases.

Most people have – or at least should have – something called “Uninsured Motorist” coverage that protects you if you’re in an accident with someone who does not have insurance. In that case your own insurance company will pay for your “non-economic” damages up to your policy limits.

If you’re reading this you should immediately make sure that you have Uninsured Motorist coverage by reading the paperwork that came with your insurance or by calling your agent. If you do not have this coverage we recommend that you add it right away. It is usually very inexpensive but could be prove critical in the future.

Just like Uninsured Motorist coverage, “UNDER-insured Motorist” insurance protects you if you are in an accident with someone who just does not have enough insurance to fully compensate you for your injuries. And just like Uninsured Motorist insurance you should immediately make sure that you have Under-insured Motorist coverage by reading the paperwork that came with your insurance or by calling your agent. If you do not have this coverage we recommend that you add it right away. It is usually very inexpensive but again could be prove critical in the future.

There can be special requirements for Uninsured and Underinsured Motorist claims including the need to report the accident quickly and that there be physical contact with the at fault vehicle. Insurance companies will try to avoid paying these claims which is why you need an experience attorney.

Whether your accident was today or years ago, it is still a good idea to call an experienced car accident lawyer now. There are strict time deadlines for filing insurance and personal injury claims. If you miss a deadline, your case will be lost forever and you will give up your rights to a settlement in the future.

Your insurance company might also be underpaying your no-fault benefits and you may not even know. Remember, it is the job of the insurance adjuster to pay out as little as possible by any means necessary. It is our job at Gordon & Pont to put as much money in your pocket as possible.

If you are unsure about hiring a lawyer, you can call us to just learn more about your rights and the important time deadlines. There is absolutely no cost or obligation to speak with one of our experienced attorneys.

The Michigan No-Fault Insurance laws are confusing. You need to know your rights after a Michigan car accident. When you choose us for your car accident case, we will:

• Get the accident report, witness statements, and full police investigation file.
• Get all of your medical records.
• Deal directly with your auto insurance adjuster.
• Provide you with advice on your Mini-Tort property damage claim.
• Submit all of your claims for medical bills, lost wages, and other no-fault insurance benefits
• Find the insurance policy limits for every possible insurance company.
• File a lawsuit against the negligent driver that caused your accident.
• Negotiate with the insurance adjusters for you
• Get you the best car accident settlement for your pain and suffering as well as any additional compensation.

There is no exact way determine the proper settlement amount for an auto accident case. Factors used to determine the amount of a settlement include the seriousness and permanency of the injuries and the effect of the injuries on the injured person's life. Other factors include the type of length of medical treatment, the amount of lost income, and the insurance policy coverage available for the accident, such as the policy limits for the negligent driver and whether other types of coverage, like uninsured motorist or underinsured motorist coverage existed at the time of the accident.

Our experienced attorneys rely on our significant skill to get our clients the largest possible settlements. We settle almost all cases for the maximum amount before ever going to court. Insurance companies and their lawyers know our reputation for winning cases at trial and expect to pay our clients higher settlements than they pay to other law firms. This is one reason why we routinely get our clients higher settlements than most Michigan law firms.

You do not need a lawyer to settle your own car accident claim, but you should be aware of many serious mistakes that you can make without an experienced attorney on your side. First, the insurance adjuster may not disclose all of the potential insurance policies or limits that might apply to your claim. You also cannot know the real value of your case and this will result in you settling for a lot less money than you could should.

Also, there are potential liens from Medicaid, Medicare and others that you might be responsible for paying back out of your settlement that you do not know about but must pay. Finally, you could be jeopardizing your no-fault insurance benefits by signing a Release when you settle your liability claim. This could have devastating consequences.

Insurance studies have shown that injury victims actually receive substantially larger settlements when they hire a lawyer for their case, even after paying the attorney fees. This is because insurance companies know that they cannot get "low ball" settlements with experienced attorneys who know and understand the value of an injury. One study showed that majority of accident victims who hired a lawyer believed that they received a much greater settlement than if they tried to settle their own case.