Michigan Uninsured Motorists Benefits: Michigan Car Accident Lawyers
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
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- Michigan Motorcycle Accident Insurance Benefits Lawyers: Detroit, Flint, Lansing, Ann Arbor, Grand Rapids
- Hit and Run Car Accidents in Michigan
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BUCKFIRE & BUCKFIRE, P.C. is a Michigan personal injury law firm and is not representing any of the parties mentioned in this article at the time of the posting of the article. The information contained in this article is from online news sources and any perceived misstatements should be attributed to those sources as we did not complete any investigation of the accident. If you believe that the information is inaccurate and would like it changed or would like this post completely removed from the site, please let us know and we will do our best to promptly accommodate your request. We are very sensitive to these requests.
If you were involved in this accident or a similar accident and have questions about your legal rights and options, it is important that you contact a reputable law firm. Please make sure that any Michigan law firm that you contact has significant experience in handling these types of accident and injury cases and has an excellent track record of successful settlements and jury verdicts. We also suggest that the attorney you contact provides you with a free initial consultation.
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[...] admin wrote an interesting post today onHere’s a quick excerptI 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. [...]