We have written about Michigan’s new no-fault law quite a bit on this blog, but this week we wanted to go over a few facts about the state’s statute relating to auto accidents.
First, it is important to remember that most vehicle accident claims are paid by an insurance company. Our current no-fault system is set up so that both drivers in any accident are financially protected through “first—party benefits” (those directly involved). No-fault benefits are paid by each driver’s insurance carrier when an accident occurs.
Drivers are required by state law to carry the following minimum insurance coverages:
- Bodily injury – $20,000 per person
- Total maximum per incident – $40,000
- Property damage – $10,000
A big consideration is: who is at fault?
For an injured victim to receive a full and fair compensation amount, he or she must be completely blameless for the accident. Otherwise, Michigan’s “comparative fault” rules will affect the amount the plaintiff victim receives.
Remember that there is a party at fault in each auto accident as determined by law enforcement. If the injured victim was 30 percent responsible for the accident, he or she can receive only 70 percent of the amount for any non-economic damages due to him or her. This amount can cover pain and suffering, physical impairment, disfigurement, and more.
Economic losses can be recovered
Injured motorists may simply want to recover some of the economic losses from an auto accident – usually damage or replacement to their car and any property that may have been destroyed in the trunk or interior of the car such as technological equipment, golf clubs, or anything else with value.
It is important to remember that the recovery amount is subject to Michigan’s comparative fault law. The attorneys at Bashore Green can help you create a realistic legal strategy based on your unique situation.
Keep the timeline to file lawsuits in mind
Injured auto 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 maximum limits on the number 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 may force victims 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.
The complex nature of auto accidents for motorists in southeastern Michigan and metro Detroit makes it important to have a conversation with an experienced auto accident attorney from Bashore Green. If you or someone you know has been in a recent accident, our lawyers have the experience and the professionalism you need to see your case through to the end.
The auto accident statute in Michigan can be difficult to navigate through. If you have questions, the auto accident lawyers from Bashore Green can provide a free consultation. Our firm does not get paid unless you get paid. Let us be your partners to secure the compensation you deserve.