Car Accidents Can Be Deadly
Diverting attention from the road while driving can be considered negligent behavior, potentially resulting in liability if an accident occurs and causes severe injuries or fatalities. Victims deserve proper compensation for various damages, such as medical bills, lost income, pain and suffering, property damage, and the impact on surviving family members. However, it is important to note that receiving fair compensation is not guaranteed. At Gallon, Takacs & Boissoneault, our Monroe car accident attorneys have been protecting the rights of individuals in Michigan for over 65 years.
How Michigan Auto Insurance Coverage Works –
Why Advice from a Monroe Car Accident Attorney is Vital
The majority of vehicle accident claims are typically covered by insurance companies. In Michigan, the “no-fault” auto insurance system ensures financial protection for both drivers involved in an accident through “first-party benefits.” These benefits are provided by each driver’s insurance carrier. State law mandates minimum insurance coverage as follows:
– Bodily injury: $20,000 per person
– Total maximum per incident: $40,000
– Property damage: $10,000
Jonathan Ashton, a Partner at the firm, explains the complications that can happen after a Michigan car accident.
Changes to Michigan No-Fault System
On July 2, 2020, changes to Michigan’s no-fault auto insurance system went into effect. These changes were the most significant to Michigan’s no-fault system since its inception in 1973. The no-fault system was established to help provide Michigan drivers with unlimited, lifetime medical coverage if injured in an accident. However, the new changes limited that coverage while providing other policyholders with cost savings options.
According to statistics from Michigan’s Highway Safety Manual, there were 312,798 reported traffic crashes in Michigan in 2020, resulting in 75,280 injuries and 968 fatalities. The three primary factors contributing to these accidents were failing to yield the right of way, excessive speed, and tailgating. These statistics underscore the importance of re-examining Michigan’s no-fault law to keep up with the rising number of accidents each year.
All policies issued in Michigan can have liability limits ranging from $250K/$500K to lower limits as low as $50K/$100K. If the insured completes the appropriate form requesting lower limits, the $20K/$40K limits will be eliminated for all policies issued after this date.
First-party benefits, which include medical bills, attendant care, replacement services, and lost wages, do not cover property damage or pain and suffering. It is important to note that state minimums often do not provide adequate protection in severe injury or wrongful death cases. In the event that insurance coverage is exhausted, the negligent driver who caused the accident is likely responsible for paying the difference.
Monroe Car Accident Attorneys: Seeking Compensation for Personal Injury
To ensure fair compensation, it is advisable to seek the assistance of an experienced Monroe Car Accident Attorney. They can assist in filing a claim against the at-fault driver’s insurance company to obtain a fair settlement or pursue a civil lawsuit if necessary. However, it is important to be aware that Michigan law restricts victims (or their survivors) from going to court unless the victim has suffered wrongful death, serious disfigurement, or serious impairment of bodily function.
Moreover, in order to receive full and fair compensation, the injured victim must bear no blame for the accident. Otherwise, Michigan’s comparative fault rules will impact the amount of non-economic damages awarded to the plaintiff. For example, if the injured victim is found to be 30 percent responsible for the accident, they would only receive 70 percent of the non-economic damages owed to them (such as pain and suffering, physical impairment, disfigurement, or loss of consortium).
Mini-tort damages may be available in certain cases to help drivers recover part of their economic losses resulting from a car accident, which includes damage or replacement of their vehicle and property. However, it’s crucial to understand that the amount of recovery is subject to Michigan’s comparative fault law. This law can be confusing, but seeking guidance from one of our Monroe Car Accident Attorneys can ensure informed decision-making.
Statute of Limitations and Damages
Injured car accident victims have three years from the date of the accident to file any civil lawsuits they and their lawyers deem feasible. There are no caps (or limits) on the amount of damages injured victims or their surviving family members may seek. However, if insurance coverage limits are not adequate to satisfy damage demands, the liable driver may have to pay the balance of any civil judgment against them with personal assets.
Regardless of the nature of a vehicle accident, when serious injuries are the result, it places undue financial, emotional, and physical stress on the victims and their families. This is why often – after being injured in a car wreck – victims may be forced to seek compensation from the liable driver’s insurance company or a third party if investigations uncover that an auto manufacturer or repair shop’s defects may have contributed to the wreck.
Gallon, Takacs & Boissoneault Can Help You
For more than 65 years, the attorneys at Gallon, Takacs & Boissoneault have protected the rights of car accident victims and their families throughout Southeast Michigan and identified all negligent parties that are liable for victim injuries. If you need legal assistance, contact us for a free consultation at 734-430-3012 or fill out our online contact form.
