Have you been involved in a car accident in Michigan? If so, it’s essential to understand how comparative negligence, a legal doctrine that assigns fault for an accident to all parties involved, including yourself, can impact your ability to recover damages.
Michigan follows a modified comparative negligence system, meaning even if you were partially at fault, you can still recover damages, including pain and suffering. However, the amount you can recover is reduced based on your percentage of fault.
Moreover, the state adopts the 51% rule, which states that if you are found to be more than 50% at fault for the accident, you can’t seek compensation for noneconomic damages nor pursue personal injury claims from the other party involved.
Let our qualified Michigan car accident attorney guide you through everything you need to know about Michigan comparative negligence to help you get the compensation you deserve.
How Fault is Assigned in a Michigan Car Accident
In Michigan car accidents, determining fault is a detailed process that relies on solid evidence to piece together what happened. After an accident, authorities and insurance companies often review various forms of evidence, such as police reports, witness statements, and any video footage that might be available, to understand the events leading up to the crash.
Several factors can influence how fault is assigned in a car accident case, including distracted driving, speeding, or failure to wear a safety belt. Not wearing a seatbelt, for instance, can reduce your recovery amount for damages by up to 5%. A local attorney can help you better understand fault assignment and how Michigan comparative negligence law applies to your situation.
Impact of Comparative Negligence on Settlement Amounts
Under Michigan comparative negligence, the percentage of fault assigned to you directly affects the amount you can recover in a car accident settlement. Essentially, if you’re partially responsible, your level of fault reduces your total compensation, meaning you won’t receive the full amount initially calculated.
For example, let’s say you’re awarded $50,000 in damages, but you’re found to be 20% at fault for the accident. That 20% fault reduces your total settlement by 20%. So, instead of receiving the full $50,000, you would receive $40,000. The higher your percentage of fault, the lesser the amount you can recover.
It’s important to note that if the insurance claims are insufficient to cover your damages, you might be able to pursue additional compensation from the other driver as long as your fault is less than 51%. If settlement negotiations with the other party don’t meet your needs, you can consider filing a personal injury lawsuit.
Role of Insurance Companies and Attorneys in Fault Determination
After a car accident, insurance adjusters review the evidence from the accident, including police reports, witness accounts, and any statements you or the other driver provide, to decide who is responsible and to what extent. However, adjusters work for the insurance company, and their goal is often to minimize payouts, which can lead to fault assignments that aren’t entirely fair to the accident victim.
That’s why having a competent Michigan car accident attorney on your side is paramount. With extensive knowledge of Michigan comparative negligence, your attorney can help you gather and present evidence that supports your version of events, challenge any unfair fault assessments from the insurance adjuster, work to maximize your settlement amount, and protect your rights throughout the process.
Steps to Dispute Fault and Protect Your Settlement
If you believe that the fault assigned to you in a car accident is unfair, you can take steps to challenge the assessment. Here’s what you can do:
Gather Solid Evidence
Collect any evidence, such as police reports, witness statements, photos, and medical records, that can help you prove that the other party was more at fault for the accident.
Review the Assessment
Ask for a detailed explanation of how the insurance adjuster determined fault. Compare their findings with your own evidence to identify any inaccuracies or gaps.
Consult with an Attorney
A skilled Michigan car accident attorney can review the evidence, identify any errors in the fault assessment, and develop a strategy to challenge the unfair assignment.
Request a Re-evaluation
If you believe the initial fault assessment is incorrect, you can request a re-evaluation from the insurance company. Be prepared to present additional evidence to support your claim.
File a Lawsuit
If you’re unable to resolve the issue through negotiation or re-evaluation, you might need to file a car accident lawsuit to seek justice and secure fair compensation.
Lawyer Up With a Proven Michigan Car Accident Attorney
Working with an experienced attorney can be the difference between a fair settlement and losing out on the compensation you’re entitled to. Let Shafer Swartz PLC advocate for you. Our Michigan car accident attorneys have a proven track record of success in helping clients recover damages for their injuries. Don’t leave your settlement to chance. Contact us today at (231) 722-2444 or here to schedule a consultation.