If you have been injured in a car accident in Michigan, you may have many questions. How does no-fault insurance apply? Do I have a first-party claim or a third-party claim? Can I file a lawsuit against the other driver? In any case, dealing with your insurance company and obtaining the no-fault benefits you deserve can be complicated and confusing. The best way to protect your rights is to consult an experienced Michigan no-fault insurance attorney.
Miller & Tischler, P.C. has a proven history of helping car accident victims navigate no-fault insurance claims. Whether you are seeking benefits under the terms of your insurance policy or you have sustained a “threshold injury” and wish to pursue a third-party claim against the other driver, you need the informed representation that we are prepared to provide. When you become our client, you will have peace of mind knowing that we will help you obtain the maximum compensation you deserve.
Common Causes of Car Accidents in Michigan
Most car accidents are the result of driver errors, including:
- Distracted driving
- Speeding/reckless driving
- Driving under the influence of drugs or alcohol (DUI)
- Driver fatigue
- Failing to obey traffic signals
- Improper turning
- Unsafe lane changes
- Reckless driving
Regardless of the cause of your car accident, we will leverage our knowledge of Michigan’s no-fault insurance law and our negotiating skills to help you obtain meaningful compensation.
Car Accident Injuries
Although the extent of a car accident injury depends on factors such as the type of accident (e.g. head-on collision, T-bone, multi-vehicle collision), victims can sustain a wide variety of injuries, including:
- Spinal cord Injuries
- Paraplegia /quadriplegia
- Loss of limb(s)
- Traumatic brain injuries
- Severe burn injuries
Depending on the circumstances, injuries may not surface until days or weeks later, which makes it crucial to immediately seek medical treatment — even if you don’t feel as if you have been injured. By not seeking medical treatment, your injuries may worsen and you may be barred from recovering damages for future medical expenses.
What is no-fault insurance?
Car accident claims in Michigan fall under the state’s no-fault insurance system, which means that you must file a claim with your own insurance carrier to obtain damages for lost wages and medical expenses, and other losses regardless of which driver is at fault for the accident. This is referred to as a first-party claim which provides personal injury protection (PIP) benefits, such as:
- Medical expenses
- Work loss benefits
- Attendant care
- Household replacement services
- Survivors’ loss benefits
- Additional benefits
Although this seems straightforward, obtaining the full value of a claim is complicated. Insurance companies often deny claims or cease making payments for medical expenses and lost wages. When you work with Miller & Tischler, we will handle all dealings with the insurance company so that you can focus on recovering.
While we prefer to resolve first-party no-fault claim disputes through negotiated settlements, we are fully prepared to litigate any matter. You can rest assured we will make sure you are compensated fairly. We have a proven track record of achieving successful outcomes inside or outside of the courtroom.
What is a no-fault third party car accident claim?
Michigan’s no-fault law allows accident victims to seek benefits through a third-party claim for pain and suffering and other non-economic losses, which involves filing a lawsuit against the other driver and his/her insurer. To have a valid claim, however, the accident must have caused a “threshold injury” which is defined as:
- Permanent and serious disfigurement
- Serious impairment of a bodily function
It is important to note that you cannot recover damages for pain and suffering if you were more than 50 percent at fault for the accident. To have a viable third-party claim, the other driver must be at least 50 percent at-fault for causing the accident. At Miller & Tischler, P.C., we have the knowledge and skills to show that the other driver was negligent. We also collaborate with a network of medical experts and will work closely with your treating physicians to show that your injury qualifies as a threshold injury.
Call Our Michigan Car Accident Attorney
Being injured in a car accident is an overwhelming experience that can become a physical, emotional and financial burden. The legal team at Miller & Tischler, P.C. can help to lift that burden by providing you with first-rate representation and caring, personal service. We are keenly aware that insurance companies have an unfair advantage over injury victims in first-party and third-party no-fault claims.
Armed with powerful teams of attorneys and claims adjusters, insurers often attempt to deny claims or pay out as little as possible. We have the knowledge and skill to level the playing field and help you obtain the full value of your claim. When necessary, our trial attorneys are prepared to hold an insurer accountable in a court of law. Above all, we will stand by you every step of the way and fight tirelessly to protect your rights. Please contact our office today for a free evaluation of your case.