Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan

Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan

Drunk drivers are a common cause of accidents across the globe. Most countries have a zero tolerance for drunken driving accidents with tough legal consequences for the perpetrators. In Michigan, approximately 26.9% of all accidents are caused by drunk drivers with 32% of these being under 21 years of age. These accidents have the potential to cause immeasurable damage to families in the form of injury or death to loved ones. The increased costs of medical expenses and the loss of income may devastate the families even further. With no-fault insurance, drivers can receive benefits to cover such expenses and reduce the adverse effects of drunk driving on families.

No fault insurance in Michigan provides a reprieve for families by offering insurance coverage of lost wages and medical expenses incurred when drivers are involved in drunk driving incidents. It provides coverage for both parties involved and also for any legal dependents of the injured. The main principle of no-fault insurance is that the benefits are offered by the respective insurers of the affected regardless of the driver at fault. In this way, all parties, including the drunk driver can receive the benefits covered under the no-fault insurance policy. Speak with a Michigan auto accident lawyer at our firm today, we are ready to help you now.

The affected parties benefit from the recovery of all expenses incurred during the recovery and care of the injured person. The insurer will cover expenses such as medical mileage, help in addition to treatment expenses. Replacement services will also be covered to help the injured cope with changes in their mobility. Moreover, up to three years of lost wages resulting from the injury will be reimbursed.

Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan

An interesting part of Michigan’s no-fault insurance policy is that loved ones are also entitled to make claims from the insurer for survivor loss benefits. However, eligible family members have to prove that they are legal dependents of the deceased by falling under the category of children, or spouses. With adequate proof of relationship, family members can claim benefits in the form of income that would have otherwise been provided after tax deductions. Additionally, the insurer will also cover burial and funeral expenses together with a fraction any replacement services necessary to support the changed livelihood. A Detroit car accident lawyer at our firm can help you better understand your options after being hit by a drunk driver.

However, these benefits are still subjected to the timelines stipulated under the no-fault policy guidelines. Under the one year rule, all claims whether by the insured or their family members have to be made within one year of the accident. The insurer has to be notified of the accident and any resultant injuries within this timeline. Moreover, the injured can only recover benefits and expenses that date back one year from the date of filing of the lawsuit. Failure to follow the stipulated timelines may result in rejected applications and unpaid benefits. Therefore, it is necessary to file claims as soon as possible and work closely with an auto attorney to receive full PIP benefits.

Michigan auto attorneys provide guidance on the value of claims to be made and any additional legal steps to be followed. For instance, insurance adjusters usually try to defraud drivers by giving settlement offers in advance. Additionally, drivers can pursue legal claims against the drunk driver in a civil court even after filing for insurance claims. In some cases, the affected parties may even sue bar and restaurants who served the drunk driver. Speak with a Michigan car accident lawyer at our firm to learn about how you can file a Michigan car accident lawsuit.

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Distracted Driving In Michigan Communities

Distracted Driving In Michigan Communities

Two of the leading causes of accidents on the road either fall in the category of distracted driving or driving under the influence of Alcohol. Researchers from the University of Michigan found that accidents caused by distracted drivers were double those of drunk driving in the year 2017. Accidents from distracted drivers are becoming more common and resulting in injuries and damage to property. Therefore, it is evident that distracted driving is a significant issue in the state of Michigan.

In Michigan, 24% of distracted driving cases were primarily caused by distractive electronic equipment such as phones or car radios. Statistical analysis reveals that approximately 23% of all cases occur on highways and 27% of the victims sustained at least one injury. A total of 73 deaths resulted from 60 distracted driving accidents involving pedestrians, cyclists, passengers, drivers and a snowmobile operator in the year 2017.

A distracted driver survey done by AAA in Michigan revealed that most residents highlighted texting as their main worry when driving. Most drivers admitted that they read text messages when they are driving despite the laws in place against such practices. In Sec. 257.602.b of Michigan’s anti-texting law, drivers are not permitted to read, type or deliver text messages through any communication device in their possession when driving a vehicle in the state. Offenders will be culpable for a fine of $100 for first-time offenders and $200 for subsequent offenses. A Car accident lawyer at our firm can help you understand Michigan No-Fault Insurance.

The Michigan communities with the highest rates of distracted driving were Detroit, Grand Rapids, Bloomfield Township, Sterling Heights, and Lansing. In terms of counties, Wayne County topped the list having the highest number of distracted driving cases together with Oakland, Kent, and Macomb respectively.  Being at the top of the list, Wayne county also recorded the highest number of deaths in 2017. If you or a loved one was recently injured in an auto accident, speak with a Michigan car accident lawyer at Elia & Ponto.

Generally, distracted driving is defined as any activity that deviates the attention of a driver from safely driving. It includes activities such as using a mobile phone, heated conversations with passengers, distractive in-car entertainment or looking at the navigator and maps. Consequently, the distractions can either be categorized as visual, cognitive or manual. Fundamentally, the reduced attention increases the probability of an accident occurring. A Michigan auto accident lawyer at our firm can help you file a car accident claim if you were involved in an auto accident.

How to avoid distractions when driving in Michigan

Due to the potential for harm and damage to property, it is essential for drivers to avoid distractions as much as possible. Some of the recommendations on how to avoid distractions revolve around prior preparation and self-control when driving. For instance, drivers should always be familiar with all the necessary equipment in the vehicle before proceeding to drive. All equipment such as radios or controls should be set when the vehicle is not in motion. Additionally, all loose items should be secured to prevent unnecessary movement during driving. A Detroit car accident lawyer at our firm can help you today!

Drivers should also express restraint by avoiding activities such as watching videos, playing games, texting, drinking, eating or using distractive equipment when driving. If it is necessary, the driver should ask for the assistance of a passenger or safely pack the vehicle. Additionally, distractions can also be reduced by having breaks to refresh when driving long distances. The driver should have sufficient rest before the drive and avoid medication of substances that are known to induce drowsiness. Practicing these behaviors will go a long way in reducing the possibility of accidents caused by distractions.

 

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Michigan Uninsured Motorist Insurance in 2018

Michigan Uninsured Motorist Insurance in 2018

Uninsured motorists make up a significant percentage of the driving population in Michigan. Approximately 20% of motorists lack valid insurance for their vehicles, and the number is potentially higher in communities such as Flint and Detroit. Most residents cite the high costs of insurance in the state to be the leading factor that hinders them from acquiring coverage. Nevertheless, the high number of uninsured translates to a higher probability of Michigan drivers getting into an accident with uninsured drivers. Some of the leading Michigan car accident attorneys work at our firm.

Lacking insurance is both illegal and risky for the driver and any passengers. Apart from the hefty fines and the potential for a jail term, the driver misses out from the benefits that come along with insurance covers. For instance, uninsured drivers cannot claim the benefits of Michigan’s no-fault insurance or make legal claims against the at-fault driver for monetary compensations. The driver will not be entitled to have any form of financial support that is directly related to the incidences of the car crash.

However, there is the case of being involved in an accident with an uninsured driver. Due to the high probability in Michigan, this is an issue of high concern. Insured drivers can get into accidents with uninsured drivers that may result in harm to passengers and damage to property. Additionally, there is the case of hit and run where the driver cannot be identified. In such cases, uninsured motorist insurance gives the victims an opportunity to claim compensation for suffering and damages. A leading Detroit car accident attorney at our firm can help you with filing a Michigan car accident insurance claim.

What does Michigan Uninsured Motorist Insurance Cover?

Uninsured Motorist insurance tries to cover the damages that arise from accidents with uninsured motorists. Drivers can acquire this type of insurance from their insurers to cater for compensation in the event of damage, injury or loss from an uninsured driver. Since the coverage is not mandatory for all, drivers have to make a conscious decision to purchase the policy to be part of their insurance. The coverage is either a minimum of $20,000, or $40,000 and varies upwards according to the coverage purchased. Most covers are inexpensive while still offering extensive coverage over some months. Speak with some of the leading Michigan car accident lawyers at our firm today. 

How to make Michigan Uninsured Motorist Claims

The procedure for initiating uninsured motorist claims is straightforward. Once named as a beneficiary of an insurance policy, making a claim is as simple as contacting your insurance provider. Unnamed individuals who can benefit are those who were passengers in the insured vehicle at the time of the accident with an uninsured driver. If the individual can prove their occupancy of the vehicle, they can claim the insured driver’s provider. Driving uninsured in Michigan is not a good idea as Michigan police can check your insurance using your license plate.

However, the claims made are subjected to the specific terms outlined in the insurance policy. Different insurance contracts may have varying obligatory clauses that must be adhered to before the claims are approved. The obligations involve the time limits for making the claim which when ignored can disqualify a claim. Moreover, only no-fault individuals are allowed to make a claim. In special cases where there is shared fault, for a claim to be valid, the driver has to have less than 50% of fault.

Nevertheless, uninsured motorist benefits offer a much-needed reprieve for motorists against the ignorance of other drivers. It is recommended that drivers add insurance to their basic coverage to protect against harm and or damage from uninsured drivers. An elite Michigan car accident attorney at our firm is standing by to help you immediately with any issues you may be having regarded an auto accident. 

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Police use license plates to check insurance in Michigan

Police use license plates to check insurance in Michigan

One of the items the police check when stopping motorists is insurance. Therefore, before getting behind the wheel, motorists are required by law to have valid insurance. Lack of insurance or falsifications of documents is considered to be misdemeanor offenses that may result in one year of jail term or fines according to the type of offense. Lacking proof of insurance results in a fine of $143 while driving an uninsured car attracts a fine of up to $500 together with a $500 responsibility fee that must be paid in two years. Hence, lacking insurance is a rather costly affair. A leading Michigan car accident attorney at Elia & Ponto can help you or a loved one was injured in an auto accident. 

Being a common practice in traffic law enforcement, police officers check for insurance many times each day. To ease the process, Michigan managed to give police the upper hand by providing a tool for easier insurance check without pulling over motorists. Previously, police officers used to ask for proof of insurance after stopping motorists. Such a technique raised the issue of the potential for fake cards or hoax insurance companies. As from September of 2015, the state police together with other law enforcement agencies in Michigan have been using license plates to check insurance on the go. The police officers directly run a car’s license plate through their onboard computer to verify insurance records before approaching the motorists. We understand that you are going through a tough time, an experienced Michigan car accident lawyer at our firm is always standing by to help you.

To support the system, insurance companies are also mandated to send updated information on the 1st and 15th of every month to the office of the Secretary of State. The information details the names of the insured and the duration of the coverage. Once updated, it is available for all agencies through the Law Enforcement Information Network. When a license plate is run through the system, the police officer will be able to determine whether or not a driver is insured instantly. A highly trained Michigan car accident lawyer at our firm is standing by to help you now.

The system offers the advantages of being more accurate and reducing the number of stops made by police officers. Police officers have an opportunity to assess the validity of insurance covers by looking up the license plates rather than asking for physical proof. In this way, police officers are better placed to crack down on the use of fake insurance cards. The success of the system in coping fake cards is seen in how the number of citations offered to uninsured drivers rose from 8,664 in September 2013 to 10,009 in 2014. A car accident lawyer in Michigan at Elia & Ponto can be a very valuable resource to anyone injured in a motor vehicle accident.

One of the limitations of the system is that it does not display results for motorcycles or commercial vehicles. Officers will be required to confirm the availability of insurance in such cases manually. Moreover, since information is only updated every two weeks, the information on the system is not real time. The officer has to verify an indication of lack of insurance with the physical proof provided by the driver before a ticket is given. Nevertheless, it has still helped ease the regulation of insurance coverage. Understanding the role of the police officer in a Michigan auto accident is critical.

While the system only targets to give officers more flexibility and faster access to information, drivers are still required to carry proof of insurance cover within their cars. It also does not mean that drivers will constantly be targeted for insurance violations. Lack of insurance is regarded as a secondary violation and is not a sufficient cause to pull over a driver. Moreover, pulling a driver over for lacking insurance will render any other identified ongoing criminal activity to be invalid since the initial cause of pulling over was invalid.

Elia & Ponto Law Firm

The Elia & Ponto law firm is one of the leading Michigan car accident law firms based in metro Detroit. We have a dedicated team of paralegals and experienced Detroit car accident attorneys standing by to help you right away. 

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9 Critical Things You Should Know after a Michigan Car Accident

9 Critical Things You Should Know after a Michigan Car Accident

The first step in winning a personal injury lawsuit is to take the appropriate precautions and actions.

The Elia & Ponto Law Firm is one of the leading auto accident law firms to go to if you were injured in an auto accident in Michigan. A Michigan car accident lawyer at our firm is always ready to help you. Even if your vehicle was damaged in a Michigan parking lot accident, we can show you how to file a Michigan parking lot accident claim.

Over the years our Michigan car accident attorneys have grown to understand every aspect of how cases are fought and won. We have it down to a science. Even if you or a loved one was injured in a truck accident, a Michigan truck accident lawyer at our firm can still help you. We have taken the time to prepare a list of 9 critical things that you should know if you sustained an injury in an auto accident.

9 Critical Things You Should Know After A Michigan Car Accident

1. Victims of car accidents in Michigan must show impairment, not pain.
2. In Michigan, you will only have ONE YEAR to apply for No-Fault benefits.
3. In Michigan, you will only three years to file a Michigan pain and suffering lawsuit.
4. Be sure to have all your injuries documented on your application for No-Fault benefits.
5. Making sure you seek medical attention for your injuries is critical.
6. Be sure to tell the truth and leave nothing hidden.
7. Expect surveillance after an auto accident.
8. If you misrepresent, you lose your “right to sue.”
9. Operating an uninsured vehicle in Michigan may cost your “right to sue.”

Car accident victims in Michigan must show impairment

When it comes to car or truck accident victims, the Michigan Law can be considered quite unfair. This law insists that the victims of auto accidents should present a “serious impairment of body function“, it wants to see how your life now different was affected by the accident. So if all you’ve got is just the pain with nothing real physical to show for it, then your personal injury lawsuit may be difficult to win.

Wondering how exactly victims and the Michigan auto accident lawyers show “impairment”?

The best way to win your lawsuit is to prove how the auto accident left you impaired or led to a “lifestyle impact.” If you can, show as many ways where your usual daily life has been affected and changed. The more the ways, the easier it is to convince the court how the accident truly affected your life.

Some of the things the court will take a look at are:

✓ Type (severity) and duration of medical treatment you received.

✓ Changes induced by the car accident on how you perform hobbies, recreational or sports activities,  and other interests.

✓ The time you got off work.

In Michigan, You will only have One Year to apply for No-Fault benefits.

There are a number of important benefits that your Michigan No-Fault insurance is ready to cover. These benefits are known as personal injury protection (PIP), and these are the typical Michigan accident forms of compensation which include:

• Wage loss
• Medical expenses
• Household replacement services
• Medical mileage
• Attendant care or Nursing services

This type of auto accident case is commonly referred to as first-party auto accident cases. An application for benefits is to be filed with your auto insurance company before you can get access to No-Fault benefits. An important thing to know is that all Michigan auto accident victims have just a year to file for these benefits. One year is one year no matter the victim’s age or competency.

And also, the No-Fault benefits received must be paid for within one year which starts counting from the date the service was received. If after one year, your benefits are yet to be paid for by your insurance company, and an application for No-Fault benefits is not filed for you, then without exceptions, the amount you owe is deemed to be time-barred. In other words, those benefits are now irrecoverable because it’s too late to file a lawsuit.

In Michigan, You will only have three years to file a pain and suffering lawsuit.

While the Michigan law offers a three year period for auto accident victims that sustained injuries to file pain and suffering lawsuit against a careless driver, this is rarely ever the case. The injured victims actually have less time than they think to file a lawsuit. The actual reason for this is that many of these victims have two other forms of insurance coverage that is known by most as Uninsured or Underinsured Motorist Coverage (UM/UIM). These types of coverage schemes sometimes have notice provisions that are less than the time frame in the first-party No-Fault cases. They also offer notice provisions that are less than the three-year period you have to file a pain and suffering lawsuit.

After a car crash, the first thing you should do is to check your auto insurance company policy as soon as you can and of course to notify the company of the car crash. Consult with an auto accident lawyer too, especially if you have any questions about your insurance policy’s contract provisions on filing requirements or notice periods.

Be Sure to Document all personal injuries on your application for No-Fault benefits.

Ross v. Allstate, a 2004 case serves as a perfect example of just how much auto accident victims stands to lose when they do not report their injuries specifically to their insurance company. The Michigan Court of Appeals ruling in the case was that if an auto accident victim suffering from injuries did not give specific notice of every injury to his No-Fault insurance company, then the person would have forfeited his right of having his No-Fault insurer cover his medical bills. That is if this notice was not given within a year.

Non-documentation of injuries is a common issue among victims of closed-head injuries or mild traumatic brain injury (TBI). Because these symptoms are not documented early enough in the victim’s medical records, or they are not reported to doctors soon enough. It is really easy to be refused or denied payment for medical services by the insurance company.

Most times, these symptoms are not reported early to doctors because the patient is quick to wave them off as minor problems or side effects of a medication if they are currently under any. Thus when these symptoms like headaches, nausea, dizziness, light-headedness, tinnitus (ringing in the ears), blurry vision, short-term memory loss, problems with concentration or emotional changes become more severe and painful to dismiss especially when the victim is no longer under pain medications for physical injuries. These symptoms are also less likely to be rejected when the victim returns to work that will highlight concentration and memory problems of the person. By then, it would have been too late to make your insurance company pay for medical treatment. A Detroit car accident lawyer can help you understand your Michigan car accident compensation benefits as well as the types of Michigan car accidents.

Do not hide any pain or symptom from your doctor, regardless of how minor they seem and hiring a lawyer who understands all the intricacies of closed-head injury cases will go a long way to help you, as they’re always stressing the fact that no injury is too minor to report. Your application for benefits immediately should reflect all of your injuries to your insurance company.

Getting medical care for your injuries is critical.

Do not underestimate the potential that any injury has to lead to something much worse. You should not ignore any minor injury or pain which appear from an auto accident, no matter how insignificant. For instance, your minor backache could actually be a ruptured spinal disk and extruded disk material that can ultimately cause paralysis. So every pain needs to be checked out by the doctor, especially if you hit your head or you lost consciousness. Run a diagnostic test for your brain to ensure there’s no internal bleeding. All pains should be documented immediately, and that includes your neck pain and back pain.

If perhaps you or a loved one was involved in an auto accident and suffered some injuries, please ensure you seek medical care and treatment immediately. Remember, your health is essential, do not play with it.

Lastly, do not miss a doctor appointment, you don’t have any reason to. Missing appointments will be interpreted by your doctor or the jury that you don’t care or that you are pretending to be hurt.

Tell the truth, do not hide information.

Hiding information and lying are two things that can damage the value of an auto accident victim’s injury case in Michigan. Defense lawyers are always so quick to use these against you in court and thus weakening your injuries’ value. For this very reason, do not hide any information from your doctor and lawyer, always tell the truth.

According to auto accident lawyers, the two biggest mistakes auto accident victims keep making is hiding information and lying and this destroy your credibility and likeability, important issues in trial advocacy. Jurors need to believe in you before they can help you and besides that, if they like you and consider you credible, they’ll give you more money.

When being attended to by a doctor, give accurate and precise medical history. Do not attempt to cover up a previous injury. Why? As regards your personal injury lawsuit, your medical and work records will expose your medical history. And if they don’t turn up in your records, private investigators are sure to come up with something. This is the age of computers, social security numbers and of course, private investigators. Another thing you shouldn’t keep hidden is an old or minor injury that happened in the past at the same area injured by a new accident. This also helps your doctor to be able to distinguish an old auto accident injury from a new one.

To prevent defense lawyers from attacking you with “information hiding” or “exaggeration of injuries,” do not deny anything that you can remember. Admitting to things you can remember will hinder the defense lawyer from using inadmissible information as admissible evidence. This should be done especially when you’ve been asked by a doctor or in a lawsuit interrogatory. Your Michigan auto accident lawyer is ready to help you but to do that, he/she needs to know about your history.

Expect surveillance after a Michigan Car Accident

One thing to know about Michigan’s significant auto accident cases is that the defense has surveillance on you. The problem comes up when the victim carries out a task he has never really done, for instance, taking out the garbage and the reason for doing it was because there was no one around. And then in a deposition, if the auto accident victim forgets to mention it, the victim might end up being accused of lying or exaggeration of pain by the defense lawyer even though the lawyer knows this isn’t the case.

A mistake like this can lead to one’s undoing in the court. It doesn’t matter if you did it just once, the defense lawyer can spin the story to the jury and make it appear as if it’s an everyday thing, especially if they have a video.

If there’s any likelihood or inkling of truth to any question asked, admit it. Ethical auto accident lawyers advise that it’s better to admit it. You can then explain the reason why you did it. Maybe you were checking out if you could do a simple task like that or you were on strong pain medication. Whatsoever the case, the full truth is your best answer.

If you misrepresent, you lose your “right to sue.”

Two optional coverage types that offer other important protection to the victims are Uninsured and Underinsured Motorist Coverage (UM and UIM). An insurer has the right to cancel the insurance policy of the insured person who has made a misrepresentation that is considered material.

This act lets the insurance company off the hook as they are no longer duty-bound to pay benefits if there was a misrepresentation about where an automobile is mainly garaged for cheaper rates, or perhaps if the insured do not mention of other person’s who use the vehicle frequently.

In Michigan, telling a half-truth or lying can cost you a fair and full measure of compensation for your injuries.

A “right to use” an uninsured vehicle may cost your “right to sue.”

The Michigan Supreme Court in 2004, issued Twichel v. MIC General Insurance Corp. This left thousands of injured Michigan residents without the right for an auto accident injury lawsuit.

The Court’s precedent was that for a “constructive” owner, it didn’t really need matter how many times the person drove the uninsured vehicle. All that was needed was the existence of the “right to use” the vehicle for a 30-day period not considering how many times the injured constructive owner had actually driven the vehicle.

According to auto accident attorneys, a constructive owner is also an uninsured owner of the vehicle, and as such, Michigan law offers no provision for the person to receive a No-Fault insurance benefit, and no right to sue the driver at fault for a pain and suffering lawsuit.

This very Michigan law is strict and unrewarding because even if your injury is paralysis for life and was caused by a DUI driver, you still won’t be allowed to sue because you have a “right to use.”

Communication with your Michigan car accident lawyer is essential

Your Michigan car accident attorney should be aware of any doctor visits or medical examination required by your insurance company.

Do not give ANY form of statement without informing your lawyer first, not even your insurance company. Defense lawyers use these examinations under oath (EUOs) to take advantage of a victim with no lawyer. Questions having no relationship to the issue at hand are mostly asked, and your answers can be used against you in a lawsuit because EUOs are recorded and are under oath. The only benefit and true cause if these interviews is the exposure they give.

If something bothers you, it’s best you tell your doctor and lawyer, especially if it’s a past DUI, bankruptcy or an old injury. This information is inadmissible information, but they can be used as admissible evidence if you try to hide them or you like about them if asked.

Your auto accident attorney should be experienced and ethical, they actually desire that you receive full benefits and get a fair deal. If you want us to be of good help, you can start by telling us about your worries.

Get the help you need from us now

To be on the safe side, contact an Elia & Ponto experienced Michigan auto accident attorney at 855-753-7529, live chat with us, or fill out our contact forms to have an attorney get back with you as soon as possible.

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The Role of The Police Officer in an Auto Accident Case in Michigan

The Role of The Police Officer in an Auto Accident Case

After an auto accident, one of the first responses is to call for the police. When they respond to the call, they will get to the scene of the accident and ensure that everyone around is safe and help in managing traffic movement, ensure automobiles that need removal are towed away and document the accident. These are the main roles of the police at the accident scene. However, they can still be instrumental later on in your auto accident case. A Car accident lawyer in Michigan at our firm can help you if you or a loved one was injured in an auto accident. Here are some of the ways that the police lend a hand in an auto accident case:

Police report

As mentioned above, the policeman on duty at the scene of the accident is tasked with coming up with an accident report. To do this, the police officer has to interview the concerned parties, that is the drivers or pedestrians, and any witnesses who saw the happenings. They ask them questions which help come up with an error-free account of what took place. In some cases, the police report may have a statement on who was behind the accident according to the officer’s professional deduction. Nevertheless, many police reports do not include the report of who was at fault.

It is crucial to note that in spite of the police report indicating who was at fault over the accident, this does not imply that the driver will be liable for all the damages in the event of a lawsuit later on.

In Michigan, when the plaintiff goes to court in a bid to recover third-party benefits, one has to prove comparative fault. In this case, a police report will help in building a solid case. Our auto accident lawyers at Elia & Ponto will help you in using a police report to help secure a fair settlement after an auto accident in Michigan.

Traffic citations

After a police officer launches into an official investigation of the auto accident, he or she may hand out traffic citations. A traffic citation is a notice that is handed out by an officer of the law and that charges a driver with defying a traffic law. The traffic citation may include the course of action such as a penalty like deduction of points or a fine on the driver. The driver may also be arraigned in traffic court. Running a red light or taking a wrong turn before an accident will earn a driver a traffic citation.

When a traffic citation is issued after an investigation, it doesn’t necessarily prove legally the person responsible for the auto accident in the event of a lawsuit. However, it will be used as evidence to show that the driver is negligent.

Witness

In some cases, the police officer who responded may be asked to show up in court as one of the witnesses in the case. In a courtroom, the police officer gives a deeper account of the contents of the police report by elaborating on them and also explains all the conditions that led to the accident and all who were involved.

In addition to police officers playing a part in an auto accident case, their reports also lend a hand in the determination of the settlement amount with your insurance provider. After you report to your insurance provider of an accident, they immediately launch an investigation into the claim that you file. One of the steps they take is to ask for a copy of the report by the police. They may ask you to produce a report or they may source for it from the police station.

In spite of the police report indicating who was at fault, insurance adjusters will still conduct their own investigation. This is because police reports are not entirely accurate. In some rare occurrences, the police might make mistakes. And in their investigation, the insurance adjuster may stumble upon evidence that was missed by the officer. Nonetheless, the police report remains to be a very persuasive document in determining fault.

In the event that your case ends in court because the adjuster disagreed with the assessment of the accident by the police officer, chances are that the jury will go along with the police report. And owing to the persuasiveness of police reports, if you disagree with the police officer’s assessment of the accident, call for a Michigan car accident attorney from Elia & Ponto to help you to counter.

In conclusion, if you are suing for pain and suffering benefits, a police report will go a long way in ensuring you secure the benefits. If you or a loved one was in an auto accident in Michigan, a Michigan auto accident lawyer at Elia & Ponto will help you in filing a Michigan car accident insurance claim and ensure you receive a fair settlement.

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No-fault Car Insurance in Michigan

No-fault Car Insurance in Michigan

No-fault car insurance in Michigan is tricky to understand, but a Michigan auto accident lawyer can help you understand every aspect. Among all no-fault states, Michigan is considered to have one of the best no-fault auto insurance coverage schemes available. Its main working policy is it provides a wide range of compensation options for all parties involved in an accident regardless of the one who caused it. Additionally, it is the victim’s insurer who is obligated to make the compensations rather than the third party insures. However, what puts Michigan’s policy ahead is its main selling point of providing unlimited insurance of medical expenses in addition to multiple other accident-related insurance covers. However, the additional provisions also make it one of the most complicated and costly. No-fault Insurance in Michigan is tricky to understand, a Michigan car accident lawyer at Elia & Ponto can help you file a car accident claim. Therefore, what does Michigan’s no-fault policy entail? and how does it affect drivers in the state?

What Claims can I file with No-fault Car Insurance in Michigan?

While recovering, accident victims are entitled to a wide range of possible insurance claims. One of these claims is the unlimited medical insurance which not only covers hospital bills but also includes medical mileage whenever victims travel long distances for medical services. Victims are also entitled to wage loss which refers to compensation for lost earnings during the recovery process. Michigan Replacement services compensation is also given to cater for expenses that arise from assistance with childcare, house chores, or assistive nursing care. Moreover, modification claims may also be made to aid the victim in making house and vehicle adjustments if the accident resulted in disabling injury. Even if you or a loved one was injured in a truck accident, a Michigan truck accident lawyer at our firm can help you file a Detroit car accident claim. 

Does No-fault Car Insurance in Michigan cover my Property and Car?

Apart from coverage of physical injury, no-fault car insurance in Michigan also provides for damages to property and the vehicle. Compensation for different types of physical damage is however limited to the collision coverage enforced and the person in fault. For instance, under the broad collision coverage, if not at fault, an individual is entitled to get compensation for vehicle repair without a deductible which is payable if they are at fault. The standard collision package necessitates a deductible in the event of an accident but is refundable from the at-fault driver while limited collision cover does not provide cover for at fault accident damages. The difference between the three is the cost of the premium. Lastly, the insurance provides limited property damage insurance for cases where the driver causes damage to someone else’s car. It is only paid out when the other party has no coverage for collisions or when they are charged a deductible. However, this coverage is limited to $1000, and the insurer will not be liable for any higher charges. Even if your vehicle was hit in a Michigan parked car accident, a Michigan car accident lawyer at our firm can help you understand what happens if you are involved in an uninsured auto accident in Michigan. 

What are the Michigan No-fault Car Insurance Claim Time Limits?

While the benefits of no-fault insurance in Michigan are enviable, it is necessary that drivers be aware of the strict timelines that guide the claims. The insurance policy demands that all no-fault insurance claims and reimbursable expense claims should be filed in a period not exceed one year from the accident date. Any pain and suffering claims are limited to within three years of the accident date. Once these timelines have passed, any benefits will be lost. Drivers must also have detailed knowledge of how to avoid rejection due to masking and be cautious of the fine print when signing documents. In this regards, it is recommended that drivers have their policy documents looked up by an auto insurer before signing the commitment. Additionally, drivers should also be wary of the statements given to accident claims adjusters. It is preferable to have an auto attorney present for guidance on the best legal alternatives to take. Speaking with a Detroit car accident lawyer at our firm can prove to be very valuable to anyone injured in a car accident in Michigan. Our attorneys will personally help you understand No-fault car insurance in Michigan for 2018 updates and so forth.

 

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The Most Essential Auto Accident claims In Michigan

The Most Essential Auto Accident claims In Michigan

Many drivers in the State of Michigan are unaware of car insurance and how it works. There are many claims that one can file if they are involved in an accident. The Michigan car accident lawyers at Elia & Ponto will help you file a Michigan car accident insurance claim and get compensation covers for your injuries and damages. They will assist you to get the justice that you deserve and ensure that drivers with insurance abide by the laws and are protected in cases of an accident. Thus, Elia & Ponto are your first choice auto accident lawyers in Michigan who will smoothly represent you during such periods. Even if you are at-fault in a Michigan auto accident, a consultation by one of our attorneys may still shed light on options you may not have known about. The following are various claims that you can file when involved in an auto accident in Michigan:

Third Party Claim

This is a claim for injuries that one suffers after an accident. It is often difficult to win a third party claim, especially if one fails to pass the threshold of injury. In addition, if one goes through with this claim, then he or she will receive reimbursement for scarring, disfigurement and suffering and pain. In this regard, an Elia & Ponto Michigan car accident lawyer will assist in filing this claim. Further, the lawyers will offer you the best legal help and ensure that all injuries including the death of a loved one during a car accident are compensated.

No-Fault Insurance Claim

This is one of the claims that Elia & Ponto a Detroit car accident attorney can help you file. In this claim, you as a car accident victim will reclaim all the expenses resulting from the accidents. The No-fault insurance claim covers expenses such as medical, transportation and any necessary modifications made in your house as a result of injuries suffered.

Property Damage Claim

This claim allows you to be reimbursed for any damage that is caused to your car and any property damaged during the accident. For such a claim, a Michigan car accident lawyer at Elia & Ponto will help you in determining additional coverage, which is usually advised for collision. This is because the type of coverage determines the recovery. Thus, as Michigan auto accident lawyers, we can file this claim for you.

Uninsured Motor vehicle Claim

This is a claim, which is filed when you or your family member is injured as a result of the carelessness of another driver who does not have an insurance cover. Many people fail to realize that this claim can only be filed when the said policy is added to your insurance plan. It is essential to have a sit down with your insurance agents and ensure that your insurance covers this policy. However, if you need to file this claim, you are entitled to seek the best services from Michigan auto accident lawyers at Elia & Ponto to help you assess whether you are eligible for this claim and how to go about it.

Under-insured Motor Vehicle Claim

This claim is filed when a careless driver who caused the accident does not have sufficient insurance to cover your injuries or damages. For instance, if the person who caused the accident has an insurance cover that does not have a policy that will cover your damages. This allows you to file your an insurance policy if you already had the under-insured policy in your insurance coverage. Nonetheless, if you need professional help about this case, Elia & Ponto auto accident lawyers are best in Michigan who can help you make this claim.

Conclusion

By allowing us to handle your auto accident claims, you will be guaranteed of efficient and effective legal representation that will enhance your peace of mind. Elia & Ponto auto accident lawyers are equipped with the sufficient skills and expertise to file your claims and ensure that your insurance policy covers the damages caused to your property and yourself.

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Why You Should Avoid Driving an Uninsured Car in Michigan

Why You Should Avoid Driving an Uninsured Car in Michigan

With the state of Michigan’s economic outlook becoming bleaker, buying auto insurance is becoming a pricey matter. This drives some people to consider driving on the roads with uninsured cars. However, this couldn’t be more wrong. The thing is, the amount of money that you have to pay in order to buy No-Fault insurance is minuscule compared to the amount of money you’ll be required to pay from your pocket just because you didn’t have auto insurance in the event of an accident. If you or a loved one was in an auto accident with an uninsured driver, a Michigan auto accident lawyer will guide you on how to recover your No-Fault benefits and other benefits that may arise. Here is why you shouldn’t be driving an uninsured car in Michigan:

Pain and suffering benefits

If you sustain serious injuries from an auto accident in Michigan but you were in an uninsured car, you will not be able to sue the at-fault driver for pain and suffering, even if they were entirely at-fault and you played no part in it. This is because the Michigan No-Fault law does not allow for uninsured drivers to assess pain and suffering benefits. A Detroit car accident lawyer at our firm can help you file a Michigan car accident claim and uncover what type of Michigan auto accident you were injured in to better assist you with your pain and suffering.

Paying your medical bills

For insured drivers, they have the comfort of having their medical bills paid by their auto insurance provider. This is especially helpful when they sustain serious injuries which could have cost them a fortune. Also, this benefit is payable for life. On the other hand, uninsured drivers have to pay for their own medical bills on any accident-related bills because they are not eligible for Michigan No-Fault benefits.

Lost wages

If you cease to work because of serious injuries you sustained in an auto accident, and the car you were driving was not insured, then you will not have your lost wages reimbursed to you. This is because you will not be eligible for wage loss benefits. In order to receive these benefits under the No-Fault Law, you must be carrying personal protection insurance. This covers you when you lose wages following the accident. However, if you were uninsured, you lose the right to recover lost wages. A Michigan car accident lawyer can help you recover lost wages and understand your Michigan auto accident compensation.

Vehicle damage

If you are involved in an accident and you were driving an uninsured car and it sustained serious damages, you will be fully responsible for all the required repairs. In the past, uninsured drivers who were not at-fault were able to recover the cost of repairing their car under the Mini Tort law up to $1000. However, this ceased to be available to uninsured drivers from October 1, 2012.

You may have to pay for pain and suffering damages

If you caused an auto accident with your uninsured car and you were at fault, and the accident caused another person, say, driver-pedestrian or passenger, to sustain a ‘serious impairment of a body function,’ you can be taken to court and be compelled to cater for their pain and suffering cost as the jury or judge determines. In Michigan, having a residual liability insurance exempts you from having to pay for someone’s pain and suffering from your own pocket. Since an uninsured driver does not have this coverage, then they have to pay for all the pain and suffering damages that resulted from the car accident that they caused. Even if you were injured in a truck accident in Michigan, we have a Michigan truck accident lawyer standing by to help you immediately.

You may be liable for a victim’s lost wages and medical bills

If you cause an accident when uninsured with another vehicle, the auto insurance provider of the driver can sue you for their client’s lost wages and medical bills. It doesn’t matter if the other driver was entirely at fault. And the downside is that if you fail to pay in the next 30 days after judgment, your license and vehicle registration will be revoked or suspended.

You may be liable for the victim’s vehicle damage

If you are at-fault in an accident with another vehicle and your vehicle was uninsured, you can be sued for the damages on the other person’s vehicle and you will be liable for the whole amount that caters for the vehicle damage.

Jail time and fines

Driving an uninsured car or being the owner of one makes you ‘guilty of a misdemeanor‘. The penalties that await you include jail time of not more than 1 year, a $200-$500 fine or both.

Driving an uninsured car is a costly affair. On the other hand, if you have the basic Michigan PIP insurance required in Michigan, you will be reimbursed for all your medical fees, lost wages and services if you are in an auto accident. You will save a load of money in the long end.

If you or a loved one was in an auto accident in Michigan, our Michigan car accident lawyers at Elia & Ponto will guide you in filing a Michigan car accident insurance claim.

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How to Deal with Surveillance after an Auto Accident in Michigan in 2018

How to Deal with Surveillance after an Auto Accident in Michigan

After an auto accident, video surveillance may be used in some cases, especially to establish who was at fault in a car accident or to evaluate the legitimacy of compensation cases. The idea of having your daily activities documented may seem a bit intrusive. So why do insurance companies and defense lawyers surveil victims? If you or a loved one was recently injured in auto accident, a Michigan auto accident lawyer at Elia & Ponto can help you file an auto accident claim in Michigan and understand if you have a Michigan car accident case.

Reasons for surveillance

Insurance companies cite fraud as the leading cause of surveillance, even when it comes to Michigan PLPD insurance coverage. It is estimated that $80 billion is lost yearly in the insurance business due to fraud. On the other hand, these companies are expected by stockholders to only pay for legitimate claims. As such, they put surveillance in place to smoke out the fraudulent claims and deny them.

Other times, there might be different stories of how an accident took place. In this case, video footage can be used as a deciding factor. Adjusters may view video footage that was shot at the occurrence of the accident to establish how the accident took place. A car accident lawyer in Michigan can help you file a car accident claim if you have been recently injured in an auto accident.

Types of surveillance

Fixed surveillance

This refers to a ‘stakeout’. In this type of surveillance, the investigator observes the victim from far or from distinct locations. It may also require the services of several investigators. The observation may be over a short or a long duration of time. Insurance companies employ this method to watch the victim’s daily routine.

Stationary Technical

This tactic of surveilling is similar to the above tactic. However, the difference is that in this tactic, they will not use a human investigator. Moreover, technology can replace human investigators by placing sound and video recorders in places the claimant.

Tracking

This involves determining where the victim is going to and where they have been. In some cases, the investigators may thrill you, though, discreetly. In other cases, the investigator may use tracking technologies such as GPS tracking or location apps.

Social media surveillance

With the advent of social media, insurance companies have taken to the internet to surveil victims as social media has made it easy for investigators to uncover contradicting information that claimants present. Social media surveillance is not only cheap, but it also gives a more realistic appraisal of the functioning capacity of the claimant. However, following the fact that nobody has a bad day on social media, it is very easy for posts and photos to be misinterpreted.

How to Deal with Surveillance

1. Be prudent

You have to be wary of your daily activities. For example, some of the menial activities that you undertake in may be termed as showing inconsistency in your claim. Activities such as frequent driving, taking long travels, taking care of elderly relatives or volunteering at places may be used to show inconsistency with the disability you claim. For that reason, before you undertake in these activities, have an explanation in place as to how and why you performed the activity.

2. Mind your social media activity

With everybody being active in one or more social media sites, this means that your insurance provider can still trace your physical activity or emotional wellbeing by what you post online. Insurance agents will go through all your social media accounts with a fine toothcomb to find compelling evidence. For this reason, you have to be mindful of what you post online. In fact, during the duration of the case, keep off posting anything on social media. A Detroit car accident attorney will ask you to avoid doing this.

3. Be vigilant

When your insurance company or a defense lawyer is surveilling, you might be aware of it. One, you might notice someone who is constantly watching you. Alternatively, you might notice a car that is parked frequently near your home and that does not belong to the neighbors. If you encounter such things, do not brush them off as paranoia. In most cases, surveillance might be underway. As such, trust your sixth sense and be wary of your activities if you believe that you are being surveilled.

4. Take note of harassing activities

Sometimes, the surveillance might go overboard. Know that it is illegal for insurance companies to take part in invasive surveillance. In such an instance, contact your auto insurance lawyer and report the matter. Our lawyers at Elia & Ponto will help keep the investigators in check and ensure your privacy. In addition, if the insurance company is guilty of invasive surveillance, this will hurt their case in court.

Invasive surveillance may apply when investigators infringe on your private places. For example, being at your home is considered private. Therefore, when in such a place, an investigator should not be listening in or observing movements. If the investigator goes ahead to record conversations or videotape you while in your private place, the evidence will be considered illegal. 

Thus, if you are looking for a Michigan car accident lawyer to help you file a Michigan car accident claim, our lawyers at Elia & Ponto will guide you in the whole process. In addition, if your claim has been denied by an insurance company due to the evidence against you, our lawyers will help you fight back and regain your benefits.

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How To Avoid Auto Accidents When Driving At Night in Michigan

How To Avoid Auto Accidents When Driving At Night in Michigan

According to a report by the National Safety Council, the likelihood of a fatal crash is three times greater in the evening and night. This shows that driving at night is dangerous and there’s the need to be cautious to avoid being an auto accident victim. With that said, let’s take a look at some of the nighttime hazards and how to avoid them. If you or a loved was in an auto accident in Michigan, a Michigan car accident lawyer at Elia & Ponto will help you in filing a Michigan car accident insurance claim.

Darkness

It goes without saying that driving at night entails driving in darkness. This comes with its fair share of problems. When driving in the dark, one’s depth perception is compromised. Color recognition takes a dip and peripheral vision is also compromised at night. Also, one can’t help but be blinded by the glare of headlights of an approaching car. Additionally, visibility is greatly limited. Even if you have high-beam headlights, your visibility will be limited to around 500 feet while people with normal headlights can see up to 250 feet. This means that one does not have enough time to react to things that may appear on the road, especially if they are speeding. A Detroit car accident lawyer at Elia & Ponto can help you understand Michigan PLPD insurance coverage and how to file a Michigan car accident insurance claim.

In order to combat darkness, one has to ensure that they aim their headlights correctly to make the road more visible. Also, ensure that the headlights are clean. Two, when driving in the dark, ensure that your dashboard is dimmed as a bright dashboard can limit your vision. Three, when you come across an oncoming car, look away from its lights to avoid its glare. Four, if you don glasses, ensure that they are anti-reflective. Five, ensure that the windshield is clean so as to do away with streaks. Finally, don’t drive at high speeds. Driving slowly will compensate for the fact that you can’t see much and also cut on stopping time.

Reduced night vision

Night vision refers to the ability to see under low-light conditions. The elderly are the most affected by compromised night vision. This is because the older one becomes, the more difficult it is to see at night. Research shows that a driver who is 50 may require two times as much light as drivers who are 30 years in order to see just as well. The American Optometric Association states that it is more difficult to engage in driving when at 60 and above. This is because older drivers may suffer from compromised vision as a result of cataracts or eye diseases.

For older drivers, they should take vision exams annually. Reducing speed when driving also goes a long way in avoiding crashes. They should also enroll in a refresher course since traffic rules are ever changing. Cutting down on distractions is also advised. Distractions include talking to passengers or tuning in to the radio. Since most of the elderly are on prescription drugs, checking with the doctor on possible side effects is recommended. Finally, they should drive during the day if necessary. If you or a loved was injured in an auto accident in the metro Detroit area or anywhere in Michigan, do not hesitate to contact our firm to speak with a Michigan Car accident lawyer.

Fatigue

Fatigue is another leading cause of auto accidents at night. It is often prevalent among people who work under shifts. People who also work for long hours such as health professionals also fall prey to fatigue. Also, people with sleep disorders are prone to fatigue. Fatigue doesn’t necessarily have to kick in when one is on lengthy trips.

According to the NHTSA, of the police-reported crashes, 100000 of them were due to driver fatigue. Also, these crashes occur during hours that most drivers are tired: 4am-6 am, 12am-2am and 2pm-4pm according to the National Sleep Foundation. They also note that losing even two hours has a similar effect to getting behind the wheel after taking three beers and that fatigued drivers’ tendency to be in a car crash is three times more.

To counter fatigue, ensure that you clock in seven or more hours of shut-eye every night. Also, stay away from the wheel if you’ve been wide-eyed for 24 hours or more. Also, if you are driving over long distances, ensure you make pit stops every two hours in order to rest. If you experience drowsiness, pull over and have a quick nap. Finally, only make trips during times when you are usually awake. If you are injured in an auto accident involving a driver who fell asleep at the wheel, do not hesitate to contact a Michigan auto accident lawyer at our firm.

In conclusion, even though night driving makes up for only a quarter of our driving, 50% of all traffic fatalities take place at night. You might be familiar with the road but this does not make it less dangerous.

If you or a loved one was in an auto accident in Michigan and you are looking for a Michigan accident lawyer, our attorneys at Elia & Ponto are at your beck and call. They will advise you on your case and ensure that you recover your benefits.

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