A horrific accident was reported involving a Michigan SUV rollover accident that occurred in Fruitport Township, wich is located in Muskegon County.  All eight occupants of the vehicle suffered injuries after the driver of the vehicle and a front seat passenger were playing games with the steering wheel.  This caused the vehicle to swerve and then rollover, ejecting many of the occupants who were not wearing seatbelts.

This is truly a tragic accident that should never have happened.  This was not the result of driver error or unforeseen weather conditions, but rather due to horesplay behind the wheel of the car.  Additionally, the fact that the passengers, many of them children, were not belted makes this even worse.  Most of the children were at an age where they should have even been in car or booster seats.

The injured passengers have legal rights against the owner and driver of the vehicle.  The accident was clearly due to negligence in the operation of the car and the injury victims can seek money damages for their injuries.  They can also make claims for Michigan no-fault benefits to cover medical and other expenses.  If I was the attorney handling this case for an injured passenger, I would seek all available remedies for this senseless accident.

As Michigan car accident lawyers, we often represent clients injured in

I often receive calls from family members of victims of hit and run accidents.  Occasionally, these involve accident victims in cars who are hit by another car that flees the scene of the accident.  However, on most occasions, these are Michigan car accidents involving pedestrians or bicyclists.  The accident victim is left laying injured on the side of the road and the negligent driver is gone.   The big question is always, “Now what?”

Well, all is not lost.  An injured pedestrian or bicyclist can always receive Michigan No-Fault Insurance Benefits, even if the injured person did not have car insurance.  These are great benefits and include full payment of medical bills for life and lost wages for up to three years.  The trick to this is figuring out which insurance company must pay these benefits and the system for determining that is complex.  Anyone in this predicament shoud give me a call immediately after the accident so that the proper forms can get filed.

Another possible claim is an uninsured motorists claim for the victims personal injuries.  This includes pain and suffering, disability, scarring and disfigurement, and other claims.  In order to make this claim, the injured person must either have their own insurance policy with uninsured motorists coverage or live with a family member who has this coverage.  It can be difficult to read the policy to determine if this coverage is available, so anyone in this situation should contact me while they have the insurance policy in their hand.

I am often contacted by Michigan car accident victims who were injured by drivers who were uninsured at the time of the accident.  The big question is always, “Can I still make a claim for my injuries?”  The answer is, “It depends.”  And the reason it depends is because I need to know whether the injured person, a member of the the household, a family member, or the owner of the car the passenger was riding in had uninsured motorists coverage.

Uninsured and under insured motorist benefits are contractual benefits a person is entitled to if they are involved in a motor vehicle accident where the at fault party is either uninsured or has a minimal insurance policy and is deemed to be under insured.   

Both uninsured and under insured benefits are contract driven, which means that the terms of the insurance contract control the same.  It is always wise to have a personal injury attorney immediately investigate your car accident claims, including the review of your insurance contract.  Some insurance companies, such as Farm Bureau, put a one year contractual provision in their insurance contracts which prevents injured victims from bringing uninsured motorist claims after the one year anniversary of the car accident.  The Michigan Courts have upheld these shortened contractual provisions. 

Under insured motorist claims are similar to uninsured motorist claims except that the at fault party in fact had insurance, but not enough to cover the damages sustained by the injured victim.  For example, many motorists only carry a $20,000.00 insurance policy and if an insured victims damages exceed $20,000.00 then there is a possibility of pursuing an under insured motorist claim with your own insurance carrier.  Most insurance contracts require that the injured victim provide notice to their no-fault insurance carrier and that they obtain permission to settle the claim with the at fault parties insurance company.  Failure to obtain permission to settle the case could result in the insurance contract being voided.  Again, the Michigan Courts have upheld these provisions in the contract.

In both uninsured and under insured motorist claims, the injured victim must establish that they have met the threshold of a serious impairment of a body function in order to pursue their case.  Anyone injured in an accident without insurance should contact me immediately to see if they can file an uninsured motorists claim

My firm handles a significant number of Michigan car accident cases for accident injury victims.  Among the first questions asked by our clients is, “Who is going to pay for the repair and damages to my car?”  Obviously, a good question and a major concern.  The answer depends on a number of factors, including the type of insurance coverage purchased for the vehicle. 

Attorney Daniel L. Buckfire at my office authored “The Ultimate Michigan Car Accident Handbook” to explain all of the possible legal claims that accident victims can make in the State of Michigan.  One chapter in the book answers the most common questions about property damage and repair damage claims.  I have pasted that chapter below.  To request the entire book, just click here now or call my office at 1-800-606-1717 and I’ll send out it to you for free.

Car Repairs and Damage Claims

Who has to pay for the repairs and damage to my car? 

How much you will receive depends on whether you or the other driver was at fault and on what type of collision coverage you had on the car.  Your own car insurance pays for the repairs on your vehicle.

What types of collision coverage are there? 

There are three types of collision coverage for repairs to your car.  They are called Limited Collision Coverage, Standard Collision Coverage, and Broad Form Collision Coverage.

What if I did not buy collision coverage? 

If you did not buy collision coverage, you will have to pay for the repairs to your car even if you were not at fault in the accident.  You may be able to recover up to $500.00 from the other driver or his insurance company.   This is called a mini-tort claim.

What is a deductible? 

This it the amount that you agree to pay toward the cost of repairs before the insurance company steps in to pay the rest.

How much money out of my pocket will I have to pay for the repairs? 

This depends on which type of coverage you had at the time of the accident.. Once you have determined whether you have Limited Collision Coverage, Standard Collision Coverage, or Broad Form Collision Coverage, you need to determine who was at fault for the accident.  Call your car insurance agent for a further explanation of the type coverage on your vehicle..

Do I  have to pay for repairs and damages to another person’s car if I caused the accident? 

If you had insurance on your vehicle, the most you will have to pay is the deductible for the other car.  The maximum is $500.00.  If  the other car was not insured for collision coverage, the most you will have to pay is $500.00 even  if the damage costs much more to repair.  The amount you are required to pay is still based upon your percentage of fault in the accident.  Also, many times your insurance policy will cover the other driver’s deductible if you were at fault in the accident.

This sounds confusing.  How do I know how much I have to pay or my insurance company has to pay? 

Accident More than 50% Your Fault 

            Type of Coverage                                             Who Pays

Limited Collision Coverage                               Your insurance company pays nothing. You pay for all repairs.

Standard Collision Coverage                             Your insurance company pays

                                                                        but you must pay your deductible.

Broad Form Collision Coverage                        Your insurance company pays

                                                                        but you must pay your deductible.

Accident Less  than 50% Your Fault 

            Type of Coverage                                             Who Pays

Limited Collision Coverage                               Your insurance company pays but you must pay your deductible.

Standard Collision Coverage                             Your insurance company pays

                                                                        but you must pay your deductible.

Broad Form Collision Coverage                        Your insurance company pays

                                                                        and you do not have to  pay your deductible.

I recommend that you consult with a knowledgeable attorney to determine exactly what type of coverage you had and who has to pay for the repairs to your damaged car.