Every year, auto accidents take a heavy toll across the United States. Michigan is no exception. In 2020 alone, the Michigan State Police Criminal Justice Information Center reported a staggering 245,432 auto accidents statewide. In Muskegon County, 4,242 accidents occurred, resulting in 738 personal injuries and 23 tragic fatalities.

Auto accidents happen without warning. One moment, everything’s normal; the next, your world is turned upside down. Medical bills, confusing paperwork, and lost income can pile up quickly. The legal process can be confusing, making it all feel even worse. And trying to handle it all alone can be too much to bear. That’s why getting legal support after an accident is important. 

Let our skilled Muskegon personal injury help you understand your rights and what legal experts can do for you in these kinds of situations. 

Understanding Michigan Auto Accident Law

Michigan operates under a no-fault insurance system, which means that your own auto insurance company will cover your initial medical expenses and certain other losses, regardless of who caused the accident. The no-fault framework aims to streamline the claims process and ensure prompt compensation for injured parties. However, there are limits to what your own insurance will pay. 

While no-fault insurance typically covers medical expenses and lost wages, it does not provide compensation for pain and suffering unless the injuries meet specific criteria for “threshold injuries.” These are injuries that cause serious impairment of body function, permanent disfigurement, or other significant limitations, which affect your ability to lead a normal life, perform daily activities, or work. If you’ve suffered a threshold injury, you can file a claim to the at-fault driver’s insurance provider for additional compensation.

In Michigan, you typically have three years from the date of the accident to file a personal injury claim, though there are exceptions depending on the circumstances, such as cases involving minors or cases against government entities. Missing the deadline can bar you from seeking compensation for your injuries, so it’s essential to act quickly.

First-Party vs. Third-Party Claims

First-party claims involve seeking compensation from your own insurance provider. These claims cover various losses, including medical expenses, travel costs related to medical treatment, lost wages due to injuries, and more. 

On the other hand, third-party claims are filed against the insurance of the at-fault driver. To pursue such a claim in Michigan, you must meet the “threshold injury” requirement. If your injuries qualify, you can claim compensation for damages not covered by your insurance.

For example, suppose you’re involved in a car accident where you sustain injuries requiring medical treatment and time off work. If the injuries meet the threshold, you can file a third-party claim against the negligent driver’s insurance for pain and suffering in addition to pursuing first-party benefits from your own insurance to cover medical bills and lost wages.

Proving Fault in Michigan Auto Accidents

To win a third-party claim, you must prove the other party was negligent. Negligence means the other driver failed to drive with reasonable care, and that failure caused your injuries. Examples of negligent behavior include speeding, reckless driving, distracted driving, disobeying traffic signals or signs, and driving under the influence of alcohol or drugs. Here are some practical tips to help you prove fault in such cases:

• • Gather Evidence. Collect as much evidence as possible from the accident scene, including photographs of the vehicles involved, damage to property, skid marks, traffic signs or signals, and any visible injuries. Obtain contact information from witnesses who saw the accident occur. Their testimony could corroborate your version of events and support your claim.
  • Document Injuries. Seek medical attention promptly, even if your injuries seem minor. Detailed records of all medical treatment related to the accident, including doctor’s visits, diagnostic tests, prescriptions, and rehabilitation therapy, can help establish the extent of harm you’ve suffered due to the accident.
  • Consult with an Attorney. Consider seeking guidance from a local Muskegon personal injury attorney specializing in auto accident cases. An experienced attorney can assess the circumstances of the accident, evaluate the evidence, and determine the best course of action for proving fault and maximizing your compensation.

Michigan Comparative Negligence

It’s important to note that Michigan follows a comparative negligence system, which directly influences the compensation you receive for damages resulting from the accident. Under Michigan comparative negligence law, if you’re found to be partially at fault, the total compensation you’re entitled to will be decreased by the percentage of fault assigned to you. For instance, if your total damages amount to $10,000 but you’re determined to be 30% at fault for the accident, your compensation would be reduced to $7,000.

Get the Legal Help You Deserve

If you or a loved one has been injured in a car accident, don’t hesitate to seek the legal support you deserve. Shafer Swartz PLC is here to guide you through every step of the process. Our team of qualified Muskegon personal injury attorneys has a proven track record of securing fair settlements and verdicts for auto accident victims throughout Michigan, ensuring you receive the compensation you need to move forward with your life. Call us today at (231) 722-2444 or contact us here, and let’s start building your case.

If you are involved in an automotive accident in the state of Michigan that results in a personal injury you should contact an experienced personal injury attorney right away. 

Shafer Swartz PLC of Muskegon, Michigan has worked with clients across the state to help them get the compensation and entitlements they need and deserve.

It’s important to remember that compensation for an auto accident depends on the extent of the victims’ losses related to the vehicle accident.

When filing a personal injury claim related to an automotive accident in the state of Michigan, there are two types of claims that can be made. Those claims include first-party and third-party claims. In Michigan, you can only claim a third-party lawsuit against another driver when you have experienced what’s known as a threshold injury. Threshold injuries must include serious impairment or disfigurement. When an auto accident does not result in a threshold injury, only first-party claims can be made against your own auto insurance company. First-party auto accident claims can only be filed for financial benefits needed to cover resulting losses. 

A personal injury attorney can file a first-party claim to assist you in recovering losses related to medical expenses not paid for by your health insurance, as well as help cover travel expenses related to your medical recovery and treatment plan. Recoup lost wages and help cover other expenses related to needed replacement services.

When a threshold injury results from an auto accident caused by another driver, an experienced car accident attorney can also help file a third-party claim against the other driver’s insurance company. If a third party claim can be made you may be entitled to additional compensation for the pain and suffering you or a loved one experienced as a result of an auto accident. 

If you are involved in a car accident you should always seek medical attention, even if you were not seriously injured. A medical report from your doctor can help establish and substantiate your auto accident claim. It’s important to also make a police report to document the details of the accident. After an accident, it’s important to not discuss the accident with the other involved parties and to never admit fault. You should contact a personal injury attorney immediately, to assure the proper steps are taken to correctly document all details related to your possible compensation claim.

At Shafer Swartz PLC, our goal is to help our Michigan-based clients receive the fair compensation they deserve. If you were the victim of an auto accident in the state of Michigan, contact our law office to discuss your case