What Are Your Rights After You Have Been Injured In An Automobile Accident In Michigan?
Michigan is known as a “no-fault” insurance state. As a result, you must look at two potential sources of recovery:
- Your own automobile insurance carrier
- The other driver and their automobile insurance carrier
What Are My Rights Against My Automobile Insurance Company?
In Michigan, you look to your automobile insurance carrier for the following:
Repairing The Damage to Your Vehicle
Your own automobile insurance carrier will repair the damage to your vehicle – providing that you paid for collision coverage. If you did not pay for collision coverage, you may only recover up to $3,000.00 towards the repair of your vehicle. This “$3,000.00” is commonly known as a “mini tort” and is really designed to cover the cost of your deductible if you did carry collision coverage.
Paying for Your Lost Wages
Your own insurance carrier will pay 85% of your lost wages for up to three years following the accident. The payment of wage loss is conditioned upon the finding of your treating physician that you are disabled from working as a result of your automobile accident-related injuries.
Paying Your Medical Bills and Medical Expenses
Your own insurance company is obligated to pay all reasonable and necessary medical bills and expenses associated with the injuries you have suffered in your automobile accident up to the amount of PIP Medical Coverage you purchased. However, if you have purchased what is known as a “coordinated policy”, your primary insurance carrier will pick up any unpaid balance up to the amount of PIP Medical Coverage you purchased.
Your own insurance company is obligated to pay you or your driver on a per mile basis for any mileage incurred as a result of the automobile accident. This would include any mileage incurred traveling to and from medical appointments, etc.
If you are in need of nursing care as a result of the injuries you sustained in an automobile accident, you or your caregiver are entitled to be compensated by your insurance company. These services are usually performed by a dedicated friend or family member and include, but are not limited to, the following:
- Assistance with toileting
- Assistance with personal hygiene
- Assistance with administering medication
- Help with walking or assisting in and out of bed
- Help with wound care
- Assistance with dressing
- Daily observation or supervision of injured party
- Maximum of 56 hours per week for family/friend provided Attendant Care
Paying for Help Around the House
If you need assistance around your house with activities of daily living, your insurance company will pay up to $20.00 per day for such services. These are generally light duty chores around the house and include, but are not limited to, the following:
- Taking care of the home
- Running errands
- Transportation of the injured party
Very often, insurance companies will intentionally and flagrantly discontinue or refuse to pay your benefits even though they know that you are entitled to them. Your insurance company is hoping that you just “give up” or “go away”. Femminineo Law will ensure that you obtain the benefits to which you are entitled.
What Can I Recover Against the At Fault Driver?
If you were injured in an automobile accident and you feel as though the accident was caused by the driver of the other vehicle, you may be able to recover for PAIN AND SUFFERING type damages from the at fault driver and/or his insurance company.
In order to recover against the at fault driver, the injured party must prove three things:
- That the other driver was 50% or more at fault for causing the accident at issue.
- That you have sustained a serious injury.
- That your injuries occurred as a result of the automobile accident at issue.
What Are Pain and Suffering Damages?
Pain and suffering type damages are the non-economic damages that you have suffered and/or will continue to suffer as a result of the automobile accident. These include, but are not limited to:
- Physical pain
- Permanent Serious Disfigurement
As of July 2nd, 2020, you may claim any excess medical bills (those beyond the amount of coverage you purchased) as well as future anticipated medical bills against the driver that caused your accident.
If you have been injured in an auto, truck or motorcycle accident, call 855.65.CRASH to ensure that you get the compensation that you are entitled to under the law. Femminineo Law has attorneys standing by to answer your questions about your auto accident and we can start your case immediately.