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Who Pays Car Accident Compensation in Michigan?

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Know your rights with an experienced Michigan car accident claims attorney on your side

Car accidents happen in an instant, but injured victims often deal with the expensive repercussions, for months, years – even a lifetime. If you were in an accident, you are likely in pain, unable to work, and wondering who is going to pay for crash-related medical bills, lost wages, car repairs, and rentals.

You have a legal right in Michigan to car accident compensation. Getting the settlement or verdict you deserve, however, often requires a thorough crash investigation, legal acumen, and experience winning high-stakes negotiations. With so much on the line, many people choose a verified Michigan car accident claims lawyer to represent their claim while they heal.

Even though your lawyer will do most of the work, to best protect your rights, it’s important to know how the Michigan car insurance system works. The following is for general informational purposes. Remember: Every case is different. To understand how the law applies specifically to your situation, you should contact a Michigan car accident lawyer from the Law.com directory and schedule a free consultation.

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Michigan is a “no-fault” state. That means to get compensated for the crash, you first file a “first-party” claim with your own insurance provider.

This sounds straightforward, but Michigan’s car insurance system is unique and extraordinarily complex. There are a lot of factors that influence your final compensation like insurance policy fine print, policy caps, and statutes of limitations to name a few. A lawyer can make sense of your situation and explain how the law applies to you.

Remember: While you are entitled to benefits, the value of those benefits can vary greatly. An experienced Michigan car accident lawyer will fight for your right to full compensation. They will investigate the crash, build a strong case, and demand the results you deserve.

Michigan has a unique and complex car insurance system. As we noted earlier, Michigan is a no-fault state, so if you are injured in an accident, you will typically file a claim with your car insurance provider. To get the compensation you deserve for injuries, property damage, and other losses, you must investigate the crash, build a strong case, and negotiate for maximum results. If you are an injured accident victim, consult a Michigan car accident lawyer to help you make sense of your policy and options.

In general, the amount of insurance you have purchased will greatly impact your settlement or verdict. Like most states, Michigan has a set standard minimum mandatory car insurance to purchase. Without this, you cannot legally drive. Unlike most states, though, you have a wider range of tiered coverage options.

Here’s something else that’s original to Michigan: It is the first – and, so far, only – state to offer “unlimited personal injury protection” (PIP) coverage. If you buy this type of insurance, there is no cap on how much you can be compensated for medical expenses due to a car accident. However, Michigan law also allows you to purchase PIP insurance with a lower limit, or even no medical coverage at all if you have health insurance.

Minimum mandatory insurance

Michigan requires drivers to purchase three types of coverages: Personal Injury Protection (PIP), Property Protection (PPI), and Residual Bodily Injury and Property Damage Liability (BI/PD).

  • PIP – Personal injury protection covers crash-related medical expenses, lost wages, and replacement services up to the policy limit. In Michigan, drivers must choose from six minimum PIP coverage options: unlimited (which is the default), up to $500,000, up to $250,000, up to $250,000 with exclusions, up to $50,000, or opt out. Note that this only applies to the medical expenses portion of PIP – even if you opt out of the medical coverage entirely, you still have coverage for wage loss, replacement services, and funeral and burial expenses.
  • PPI – Up to $1 million for damage to your and other people’s property.
  • BI/PD - This covers the cost of your lawyer and damages for which you may be found liable in cases where people are seriously injured or killed. Minimum coverage is $20,000 per person injured per accident, $40,000 per accident, and $10,000 property damage per accident. This is known as 20/40/10 coverage.

Optional car insurance available to Michigan drivers includes:

  • Uninsured or underinsured motorist (UIM) – This coverage stands in for the other driver’s liability insurance if you are hit by an uninsured driver, or someone who doesn’t have enough insurance to cover the full cost of your claim.
  • Collision and comprehensive – The required minimum car insurance package does not cover costs to repair your vehicle in a crash. Collision (crashes) and comprehensive (stolen, falling object damage, etc.) coverage may apply here. There are three types – limited, standard, and broad form. While not required by law, this is usually required by the lienholder if your vehicle is financed.
  • Limited property damage liability – Aka “mini-tort” insurance, this policy protects you if the other driver sues you for their insurance deductible. You can get up to $3,000 in mini-tort coverage.
  • Towing, roadside assistance, and rental car – Reimbursement for tows, flat repair, and rental car services related to covered events.
  • Loan/lease payoff – Also known as “gap coverage” in case of an accident that totals your vehicle, this insurance will pay for the difference between the current value of your car and how much you still owe on your loan.

Because Michigan is a no-fault state, there are specific criteria that must be met before you can file a lawsuit against the at-fault driver. In addition to the mini-torts mentioned above, there are several other reasons why you would sue the other driver:

  • You are suffering “serious impairment of body function” and deserve pain and suffering compensation
  • Your medical bills and lost wages exceed your insurance policy cap
  • Vehicle repairs

Michigan has a statute of limitations on filing a car accident claim: one year to file a first-party claim, and three years to file a “third-party” lawsuit against the at-fault driver, owner of the vehicle, and/or other negligent third party like a manufacturer. This is a general timeline. Your circumstances may be different. You may not have as much time as you think. Consult a Michigan car accident lawyer for clarification.

Due to Michigan’s unique and broad car insurance system, crash injury claims often reach tens of thousands to hundreds of thousands of dollars. Some cases end with multi-million-dollar settlements and verdicts.

In general, car accident compensation is based on the type, severity, treatment, and lasting impact of your injuries. There are two types of damages you may recover – economic and noneconomic.

Economic damages are awarded for tangible losses with objectively measurable values. Examples include crash-related medical expenses, lost wages, and property damage.

Noneconomic damages are for quality-of-life losses. For example, if your injuries no longer allow you to participate in hobbies and activities, you may be eligible for loss of enjoyment damages. When a death or serious brain damage had occurred, awards may be made for loss of counsel or guidance.

Here’s a list of some of the economic and noneconomic damages you may deserve after a bad car accident:

  • Medical expenses like hospital bills, physical therapy, surgery, and medical equipment
  • Lost wages while you are out of work recovering from injuries
  • Lost future income may be due if you are unable to work or work at full capacity after the crash
  • Replacement services for things like childcare, cooking, cleaning, landscaping, etc. while you heal
  • Home or vehicle modifications to accommodate crash-related disabilities
  • Property damage to cover vehicle replacement or repairs among other personal property
  • Pain and suffering
  • Emotional distress
  • Loss of quality and enjoyment of life
  • Loss of consortium/guidance/counsel

In rare cases where the at-fault driver or third party acted egregiously, a judge may also award exemplary damages. This is money on top of your economic and noneconomic damages. The intent is to punish the at-fault party and send a discouraging message to other would-be violators.

There’s a good chance of this happening in Michigan, which has one of the highest concentrations of uninsured drivers in the country. About 1 out of every 4 or 5 Michigan drivers is uninsured, according to some estimates.

Because Michigan is a no-fault state, if you are hit by an uninsured or underinsured driver, you will file a first-party claim with your insurance company like you normally would for a Michigan car accident. If you are awarded compensation from the at-fault driver and they have insufficient or no liability coverage, your UIM coverage, if you have it, should kick in.

Your attorney can investigate the accident and identify all parties liable for the crash.

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