What To Do After A Michigan Accident

By Matthew R. Clark  Apr. 27, 2011 5:08a

WHAT TO DO AFTER A MICHIGAN AUTO ACCIDENT

Many times the law surrounding auto accidents can be confusing.  This is especially true in Michigan because we have what is called a "No-Fault" System.  No-Fault means exactly what it sounds like. Regardless of whether you caused the accident, in Michigan, you can recover for your loss if you have automobile insurance. Because Michigan is a No-Fault System these are the steps that you should take if you've been in an accident.

1.      Do you have Automobile Insurance? If So, Make a Claim

If the Answer to this question is yes than you can and should make a claim with your own automobile insurance company.  You can do this by contacting your insurance company and letting them know that you have been in an accident and that you have been hurt.  It doesn't matter if the accident was your fault, you can still recover from you own insurance company.  

Your insurance company will ask you for a lot of information and after receiving this information your insurance company will either accept or deny your claim.

If you claim is accepted the insurance company will most likely have to pay for all reasonably necessary medical treatment for your care, recovery, or rehabilitation.   They will have to pay for your lost wages for the first three years after the accident and they will be responsible for paying what is called "replacement services."  That is they will pay you up to $20 a day for chores you used to perform but can no longer perform due to the injuries that you sustained in the accident 

2.      The Insurance Company Denies Your Claim or Stops Paying

Often insurance companies will wrongfully deny a claim for benefits or will stop paying for your benefits when they should continue paying.  In either of these two situations the best thing to do is consult an experienced auto accident attorney to help you with your benefits.  Just because your insurance company denies you or stops paying does not mean that you have no recourse. 

3.      I've been hurt Bad -- What About My Pain and Suffering?

If you have been hurt badly, even though Michigan has a "No-Fault" system, you can still bring a lawsuit against the person(s) who caused the accident which injured you. In this type of lawsuit you can recover for pain and suffering.  This is what is called a "third party" lawsuit, because you would not be suing your insurance company, but instead you would be suing the "third party" or person(s) who caused your injuries.

In order to file a third party lawsuit, where you can recover for pain and suffering, your injuries must first constitute a "serious impairment of a body function," death, or serious disfigurement. A serious impairment of a body function is defined as "an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her life."  This essentially means that you have an injury that keeps you from performing functions that are important in living your normal life and doing your normal activities. 

If your injuries meet this "threshold" you may be entitled to damages for pain and suffering and you should contact an attorney that can help recover the money damages that you are entitled to. 

The Michigan Personal Injury Lawyers at The Clark Law Office provide specialized Michigan Car Accident legal services.  We will provide you with the best possible outcome for your case.  We have won millions for our clients, check our case results.