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.

Under the Michigan No-Fault Insurance laws, a person who suffers a serious injury in a motor vehicle accident can often make claims with the insurance company to have their residence or home modified to accomodate their special needs resulting from the accident.  This is a tremendous benefit that every injury victim should know about and it is especially beneficial to patients with life-changing injuries, like spinal cord injuries. 

Attorney Daniel L Buckfire at my office authored “The Ultimate Michigan Car Accident Handbook” which explains these benefits, and other no-fault insurance benefits, to injury victims in plain English.  This includes a section on Home Modifications and Accomodations, which I have pasted below.  For a free copy of the book itself, simply click  here to request your copy.  Also feel free to call anytime with questions about your situation. 

Type of Benefit

Home Modifications and Accommodations 

What is it for? 

Home modification benefits are paid when the injured person cannot comfortably live in his or her current home or apartment because of physical limitations caused by injuries from the accident.  The insurance company is required to pay for remodeling for items such as handicapped ramps, additional rooms, wider doorways, and even bathrooms and showers to make it easier for an injured person to live in the home.

How much can I get for home modifications? 

The dollar amount paid for these services depends on the type of disability and the special needs of the injured person.  Typically, an architect or contractor works alongside the medical provider to design the most appropriate changes for the home.  There is no limit on the amount as long as it is reasonable and necessary.

What if I rent an apartment or live with a family member or friend? 

You are still entitled to have this remodeling done if you live in an apartment or live with someone else.  If you live in an apartment, the insurance company may be required to remodel your apartment or may have to find a better place for you to live that is equipped with accommodations to meet your needs.  The insurance company may be required to pay for this residence in full or in part.

How do I file my claim? 

The claim must be submitted to the insurance adjuster assigned to your claim. 

What type of documentation do I need? 

You need a prescription from your doctor or an occupational therapist for these modifications and a reasonable plan for the remodeling.   You may need to enter into a contract with a construction company for the needed remodeling.

How much time do I have to file my claim? 

You should submit your claim these expenses once it has been determined by a doctor that it is necessary and you have a contract for the necessary remodeling work.

What do I do if the insurance company refuses to pay these benefits?

If your insurance company refuses to pay these benefits, your only recourse is to file a lawsuit against the company that demands payment for the expenses.

How much time do I have to file my lawsuit? 

If the claims are presented within one year but are not paid by the insurance company within one year of the date of expense or claim, it will be necessary to start a lawsuit within that one year period in order to protect your claim.  If you choose to begin a lawsuit against your insurance company for No-Fault benefits, you must file a lawsuit within ONE YEAR of the date on which the last unpaid No-Fault benefit was incurred.

If you fail to file your lawsuit within this one year period, you will lose the right to have the benefit or expense paid.

As you are approaching the one year anniversary of your car accident, and there are any outstanding claims that have not been paid by the insurance company, we recommend that you file a lawsuit prior to the one year anniversary of the accident.