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Automobile / Motorcycle Accidents Important Tips for Auto Accidents Stay calm; do not do things out of panic, such as leaving the scene of the accident; If possible, call the police. If anyone is injured ask for emergency personnel to be summoned to the scene; If the police cannot be summoned, make a police report immediately with the local police department of the city where the accident took place; Seek medical attention as soon as possible. More often than not, very serious injuries are not immediately apparent. Obtain the following information from the other driver(s) involved in the accident - name, address, phone number, driver's license number (including expiration date), license plate number, registration, and insurance information, including a specific insurance policy number; If the owner of the other vehicle involved in the accident is not the same as the driver, you should also obtain the owner's name, address, phone number and insurance information; Seek out all witnesses to the accident and get their names, addresses and phone number. This would include passengers in vehicles involved in the accident; Promptly notify your own insurance company that you were in an accident. Obtain a claim number and make clear that you wish to have a "PIP" (Personal Injury Protection) file opened to preserve all of your rights under your policy. See our No-Fault section for more information on this important topic; If the driver who struck you fled the scene of the accident, you still must make out a police report and notify your insurance company immediately after the accident. Some insurance policies require that you give notice of your intent to make a claim due to an unidentified driver within thirty days of the accident. Immediate consultation is recommended in any hit and run accident. If the driver/owner of the car that struck you did not have automobile insurance (a violation of Michigan Law) immediately notify your own insurance company that you wish your rights to an uninsured and/or underinsured motorist claim be reserved. Some insurance companies require prompt attention of such claim, and reserve the right to deny benefits to those who do not follow strict regulations in their policy. Contact our office to make certain your legal rights are preserved. This should be done promptly, as you have only a fixed period of time to make certain legal claims. Automobile Accident Basics MICHIGAN NO FAULT BASICS The laws that govern automobile accidents in Michigan are extensive and complex. Two of these terms used in Automobile Negligence Law are First Party Benefits (PIP or Personal Injury Protection) and Third-Party benefits. Michigan is a No-Fault State. That means that most of the economic damage you suffer in an automobile accident will be paid by your own insurance company regardless of whether or not you were at fault in the accident. These economic benefits are called First-Party Benefits. Third- Party Benefits are typically non-economic in nature and typically involve damages sought for pain and suffering. both of these types of benefits are described in greater detail below. First Party Basics The Michigan Status defining First-Party benefits states in part: First-Party benefits are payable to anyone who suffers an injury arising out of ownership, operation, maintenance or use of a motor vehicle as a motor vehicle Third Party Basics "Third-Party" cases are the ones you usually read about or hear about on TV or radio. While economic damages are recovered in a No-Fault state through one's own insurance company, damages for pain and suffering, disfigurement, death and wage loss in excess of 3 years represent the components of a "Third-Party" claim. A "Third Party" claim is one made against the at-fault driver in an automobile accident. With the exception of the potential to secure excess wage loss, the damages sought in a "Third Party" suit are non-economic in nature. In Michigan, to prevail in a claim against the other driver for non-economic damages must be demonstrated that the injured party has suffered what the laws term as a threshold injury. This is defined by statute as either: A serious impairment of an important body function or serious disfigurement/scarring or death It is very common to find an insurance company adjuster who wishes to classify an injury as not being a serious impairment of a body function. However, if you have an objectionable documented injury to an important party of your body, and this affects your life, then you should contact our office to fight for your rights. The Statute of Limitations or time a person has to file a Third Party lawsuit is three (3) years . Minors are allowed until one year past their 18th birthday and there are certain other exceptions for military personnel and those judged mentally incompetent. If you are in an auto accident, it is advisable to contact our office immediately. "Third-Party" cases are the ones you usually read about or hear about on TV or radio. While economic damages are recovered in a No-Fault state through one's own insurance company, damages for pain and suffering, disfigurement, death and wage loss in excess of 3 years represent the components of a "Third-Party" claim. A "Third Party" claim is one made against the at-fault driver in an automobile accident. With the exception of the potential to secure excess wage loss, the damages sought in a "Third Party" suit are non-economic in nature. In Michigan, to prevail in a claim against the other driver for non-economic damages must be demonstrated that the injured party has suffered what the laws term as a threshold injury. This is defined by statute as either: A serious impairment of an important body function or serious disfigurement/scarring or death It is very common to find an insurance company adjuster who wishes to classify an injury as not being a serious impairment of a body function. However, if you have an objectionable documented injury to an important party of your body, and this affects your life, then you should contact our office to fight for your rights. The Statute of Limitations or time a person has to file a Third Party lawsuit is three (3) years . Minors are allowed until one year past their 18th birthday and there are certain other exceptions for military personnel and those judged mentally incompetent. If you are in an auto accident, it is advisable to contact our office immediately. First Party ("PIP") Personal Injury Protection Benefits Michigan' No Fault Law provides extremely valuable benefits to which you are entitled if you are in an accident. These economic benefits include: medical expenses, wage loss and replacement services as necessitated by your injuries. The Medical Expense Provision provides reimbursement for all medial expenses incurred by you because of your injuries. Depending upon the type of insurance coverage involved, these may be coordinated benefits, which pay all expenses not covered by your basic health insurance or full benefits. To qualify for medical expense reimbursement, a bill must be reasonable in costs (and necessary) and must be actually incurred. There is no provision in Michigan for guaranteed pre-payment of bills. Your insurance company can dispute any procedure as unnecessary or excessive in costs. If a bill is not submitted within one year of the date it is incurred, the insurance company can deny payment. Often, disputes arise between a preliminary health insurance policy and an automobile insurance policy over who has the first obligation to pay. For these reasons, it is advisable to always consult with our offices. The Wage Loss Provision will reimburse you for 85% (percent) of any wages lost as a result of your injuries, up to a statutory monthly maximum which is adjusted every year. A doctor has to disable you from working due to the injuries you suffered. The15% (percent) reduction reflects taxes as the money is considered tax free. The Replacement Service Provision will pay a daily limit for any services up to three years you must hire for things that you used to do yourself, but cannot do now because of your injuries. You have to have doctor documentation of your inability to do the tasks and documentation of who performed these services and when. You may also be entitled to receive attendant nursing care services, sometimes even around the clock, if your doctor states you are unable to take care of yourself as a result of a disability. You should contact our office to secure your full benefits in this regard. The Medical Expense Provision is a lifetime benefit and the Wage Loss and Replacement Services are payable for three years from the date of the accident. You may also be entitled for reimbursement or mileage traveled to and from doctor's appointments. To secure these benefits, there are some important things that you must do. First of all, you must immediately file a No-Fault Application with the applicable insurance carrier. Nothing starts until you file this Application. This Application must be filed within 12 months from the date of the accident or you will forever lose any and all benefits to which you might be entitled to receive. Secondly, if any particular item of reimbursement expense is not paid by your insurance carrier, you must file a lawsuit for that particular item within 12 months from the date such expense was incurred. If such a lawsuit is not filed within that 12 month period, then again, you will forever lose any and all rights to any reimbursement for that particular item of expense.

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