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Car accidents can – and do – happen anywhere. Unfortunately, that includes out of state. Things such as distracted driving, inclement weather, and poor road conditions can happen anywhere. But what does this mean for your no-fault auto insurance coverage?

Generally speaking, Michigan’s no-fault auto insurance applies to accidents that transpire out of state. Therefore, if you are a Michigan resident injured in an out-of-state accident, there’s a good chance you’re entitled to no-fault PIP benefits. 

Are Accidents that Occur Anywhere Outside of Michigan Covered?

There are geographical limitations to Michigan no-fault coverage for out-of-state accidents. Michigan residents injured in an auto accident anywhere in the U.S. (including its territories and possession) or Canada will be entitled to no-fault benefits.

This means that if you are injured in a car accident in Europe, Michigan no-fault benefits are not available. However, some insurance policies are written to cover a broader geographical range than provided for under the law. Some policies provide coverage for out-of-state accidents occurring in Mexico (within a certain distance from the border). Therefore, you should always check the policy language to see if it provides for coverage in a broader geographical range.

Individuals Directly Covered Under a No-Fault Policy

As long as you are involved in an accident within the above-detailed geographical limitations, you will be entitled to no-fault benefits for an out-of-state accident if you are directly covered under a no-fault policy. This means you have to be:

1. A named insured under a Michigan no-fault policy; or
2. A spouse of named insured under a Michigan no-fault policy; or
3. A relative of either the named insured or the spouse of a named insured who is domiciled in the same household.

Individuals Not Directly Covered Under a No-Fault Policy

So what happens if you are injured in an out-of-state accident but do not fit within any of the above categories? You will still be entitled to Michigan no-fault benefits as long as you were:

1. an occupant of a vehicle involved in the accident and a Michigan resident; or
2. an occupant of a vehicle involved in the accident where the owner or registrant of that vehicle was insured under a Michigan no-fault policy.

This is the language of the amended no-fault law, effective June 11, 2019. The old version of the law extended coverage to otherwise uninsured occupants only so long as the owner or registrant of the vehicle involved in the out-of-state accident was insured under a Michigan no-fault policy.

Under the old law, therefore, a nonresident of Michigan who was an occupant of a vehicle involved in an out-of-state accident would have been entitled to no-fault benefits if the owner or registrant of that vehicle was insured with a Michigan no-fault policy. Such a nonresident would not be afforded coverage under the new law, however, because the new law now disqualifies nonresidents from receiving Michigan no-fault benefits unless the nonresident has a vehicle that is registered and insured in Michigan.

Rental Vehicles

It’s important to note that when you rent a vehicle and are then involved in an out-of-state car accident, you’re still entitled to no-fault benefits regardless of whether or not you purchased rental car insurance. 

The best thing that you can do is to conduct a thorough review of your Michigan no-fault policy prior to traveling anywhere. Should you have any questions about your policy coverage, it’s best to call your insurance company in order to obtain the answers that you need. 

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has been injured in a car accident (whether in Michigan or out-of-state), you should not have to bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.

The Michigan personal injury attorneys at Miller & Tischler, P.C. will fight for the compensation that you deserve. We understand the seriousness of your injury and the physical, emotional, and financial hardships that you have and will continue to endure. We will gather the necessary evidence to build a case to achieve the most optimal outcome. To learn more or to schedule a free consultation, contact us today!

Finding yourself involved in a car accident can be extremely unnerving, but it can be even worse when the other driver appears to be under the influence of drugs or alcohol. Unfortunately, driving under the influence isn’t uncommon. The worst is that these accidents can be totally prevented.

When you’ve been involved in an accident with a drunk driver, it’s imperative that you do what you can to ensure that the other driver faces the proper repercussions and that you receive the compensation that you deserve. Here are 5 steps to take if you’ve been in an accident with a drunk driver. 

1. Dial 9-1-1.

When you’ve been involved in any accident – but especially one with a drunk driver – it’s important that you remain on the scene and call 9-1-1. If your vehicle is in an unsafe place and you can safely move it to the side of the road, then do so. Tell the dispatcher where you are and who has been involved. When police arrive on the scene they will write up an accident report, which can be extremely valuable for your case. 

2. Take pictures and videos if possible.

Memory fades with time making it hard to prove what we saw. The best thing that we can do therefore is to take pictures and videos of the vehicles, the location, injuries, witnesses, and the crash scene if possible. These images can help to demonstrate the driving conditions at the time of the crash. If you are unable to take them because you are seeking immediate medical attention, have someone you trust take them for you. 

3. Collect witness information.

Once you leave the site of the crash, it can be very difficult to find those individuals who witnessed the accident. Therefore it’s best to obtain witness information immediately after the crash. You’ll want to save their full names and telephone numbers. 

4. Maintain copies of any documents concerning expenses and lost wages.

Since you’re likely going to seek compensation for damages, it’s in your best interest to collect copies of all documents that pertain to any expenses and lost wages that you’ve incurred. You may also want to maintain a notebook documenting your method of treatment and the nature of your recovery. 

5. Show up and participate in all legal proceedings.

To ensure that your voice is heard (and that you will receive the best outcome), it’s also in your best interest to appear at all legal proceedings held for the drunk driver’s prosecution.

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has been injured in a car accident due to a drunk driver, you should not have to be bear the burden alone. When you are already dealing with so much, the last thing that you want to do is to have to worry about tackling the legalities of your situation.

The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. We understand the seriousness of your injury and the physical, emotional, and financial hardships that you have endured and will continue to endure. We can help you to gather the necessary evidence and build a case to help you receive the most optimal outcome. We’ll help you fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!

Some people tend to drive very aggressively, which can result in a serious accident. In fact, according to the AAA Foundation for Traffic Safety, aggressive driving factors into 56 percent of all fatal car accidents. Unfortunately, aggressive driving can lead to an emotional response quite quickly when the driver is angered or stressed. These drivers often demonstrate what is known as “road rage.” With emotions taking the lead, road rage drivers often lose proper judgment and instead seek to intentionally scare or harm other drivers.

With a potential for so many serious consequences, it’s important to understand (a) how to avoid being an aggressive driver and (b) how to protect yourself from aggressive drivers.

What is road rage?

Road rage is angry and/or aggressive behavior exhibited by motorists. Road rage behaviors can include rude or offensive gestures, verbal insults or physical threats, or dangerous driving behaviors targeted at other drivers and non-drivers (i.e., pedestrians). Individuals with road rage often act on pure emotion.

Michigan currently has no “road rage” laws. However, drivers who partake in such behavior that risks others’ safety can be charged with serious penalties under existing law. This behavior may result in several different charges: reckless driving, assault with a dangerous weapon, and intentional discharge of a firearm from a vehicle, and reckless driving to name a few.  

Specific examples of road rage include:

• Ramming your vehicle into another vehicle
• Sideswiping another vehicle
• Driving another driver off of the road
• Honking
• Cursing/verbal insults
• Physical threats
• Speeding
• Tailgating
• Flashing high beams
• Weaving
• Throwing objects
• Making obscene gestures
• Running a red light
• Cutting in front of another vehicle and slamming on the brakes
• Discharging a gun 
• Getting out of your vehicle to confront another driver
• Intentionally changing lanes too close to another vehicle
• Blocking cars trying to pass you or change lanes

Penalties 

The penalties associated with road rage in Michigan include 5 to 15 years for reckless driving, up to 4 years to life in prison for assault with a dangerous weapon, and up to 10 years to life in prison for intentional discharge of a firearm. These ranges vary based upon the intent and the outcome of the driver’s actions (i.e., serious physical injuries versus death). 

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has been injured in an auto accident due to the negligence of someone else, you should not have bear the burden alone. When you are already dealing with so much, the last thing that you need is to have to worry about tackling the legalities of your situation.

The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. We understand the physical, emotional, and financial hardships that can arise. We will gather the necessary evidence to build your case to obtain the most optimal outcome. To learn more or to schedule a free consultation, contact us today!

We’ve all been there: maybe you begin to back out of your parking spot when another vehicles goes flying by you, crashing into the side of your car.  Or maybe, you come out of the store only to find the side of your truck smashed in with no note from the culprit in sight. Regardless of the manner in which it happens, many of us understand what it’s like to experience a parking lot accident. But here’s what you should know about parking lot accidents in Michigan.

Assigning Responsibility 

Unfortunately, there is no one law that is applicable to all parking lot accidents. Most parking lot accidents are minor in nature and do not result in serious, if any, injuries. However, if you are injured in such an accident, you may be covered for some or all of your medical expenses under your Michigan no-fault policy depending on the facts of your case.

The state of Michigan also has a mini-tort law (MCL 500.3135(3)(e)) that provides you with up to $1,000 for vehicle damages to the extent such damages are not covered by insurance. As a result of the recent reform of Michigan’s auto insurance laws, this amount is increasing to up to $3,000 for accidents occurring after July 1, 2020. It is also important to know that you will not be entitled to these damages if you were more than 50% at fault for the accident or if your vehicle was not insured as required by law.

Additionally, many parking lots are located on private property. However, even when this is the case you should call the police if someone is injured or if you have incurred more than $1,000 in vehicle or property damage. 

The Michigan auto no-fault laws can be extremely complicated, have many exceptions, and are quite often confusing. That’s why you should consult with a qualified Michigan no-fault attorney if you are injured. It’s important that you protect your rights. 

While parking lot accidents can occur in a number of ways, here are the most common types: 

Your car was damaged while you were inside a store or building.

Unfortunately, many parking lot accidents are essentially a version of a “hit-and-run” in which someone crashes into your car and flees the scene without leaving behind a note or any contact information to take responsibility for the damage. If you come out to your vehicle to discover someone has damaged it without leaving a note, it’s important that you:

• Ask around for witnesses.
• Check with the store or building as to whether they have surveillance video.
• Document the damage to your car by taking pictures – and lots of them.
• Make note of the parking lot location, time you arrived and parked, and time that you discovered the damage.
• Call your insurance company to make a claim if you have collision coverage as part of your no-fault policy. However, sometimes it’s best to pay for minor repairs out-of-pocket as this can help to avoid a rate increase with your insurance.

Unfortunately, if you have neither the identity of the driver nor collision coverage, there is not much you can do. In this case, the cost of repairing the vehicle will fall on you.

You cause damage to an unoccupied car in a parking lot. 

Sometimes accidents happen and you’re the one at fault. If you cause damage to an unoccupied vehicle in a parking lot, it’s important that you take the following steps: 

1. Do NOT leave the scene of the accident. 
2. If the parking lot is only meant for one store, go inside and attempt to find the owner of the vehicle. 
3. If the parking lot is intended for multiple stores, leave a note on the windshield of the vehicle that includes your contact information (e.g. your name and telephone number). 
4. Take a ton of photos of the vehicle and the damage that you caused. 
5. Document the exact parking lot, location in the parking lot, and time of the accident.

You are involved in a parking lot accident with a moving vehicle. 

If you are involved in a parking lot accident with a moving vehicle, it’s important that you follow these steps: 

1. Call an ambulance if medical treatment is necessary 

2. Call 9-1-1 if anyone is injured or if there is more than $1,000 in damage to the vehicle or other property.

3. Exchange your information with the other driver(s).

4. Get witness contact information and statements when possible. Contact information should include:

• Names and contact information of drivers involved
• Vehicle makes, models, and license plate numbers
• Drivers’ license numbers
• Insurance information

5. Make note of the location, date, and time of the accident.

6. Take an abundance of photos of the vehicles, the accident scene, the damages, and any known injuries.

You are injured in a parking lot accident.

If you are injured in a parking lot accident it can prove overwhelming. You may be in a state of shock and not know what to do next. However, here are actions you should be sure to take:

1. Call 9-1-1- if you need emergency medical treatment or to report the accident to police
2. Exchange contact information with the other driver(s) involved
3. Take lots of photos of the accident, the accident scene, damage to the vehicles, and known injuries
4. Record the location, date, and time of the accident
5. Locate witnesses and obtain their contact information
6. Avoid discussing the accident with the other driver(s) involved
7. Do not apologize and do not admit fault – regardless of whether you think you are to blame
8. Do not claim that you are physically fine or talk about any injuries since some injuries take days or weeks to appear
9. Contact a qualified Michigan auto vehicle accident attorney as soon as possible. 

The Attorneys at Miller & Tischler, P.C. Can Help

If you or a loved one has been injured in a parking lot accident, you should not have to pay for someone else’s mistakes. The Michigan personal injury attorneys at Miller & Tischler, P.C. can help you to fight for the compensation that you deserve. To learn more or to schedule a free consultation, contact us today!