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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What to Expect When You Are At-Fault in a Michigan Auto Accident

What to Expect When You Are At-Fault in a Michigan Auto Accident

The No-Fault Insurance Act was enacted in 1973 in the state of Michigan. Several decades later, many still don’t know what it entails. One question that lingers in the minds of drivers in the state is: In the event of an accident, does it mean all the parties leave scot-free? Even the at-fault party? Let’s take a look at what to expect if you are the at-fault driver in an auto accident in Michigan. If you have been in an auto accident in Michigan, the car accident lawyers at Elia & Ponto will help you recover your benefits from the insurance company. We have a dedicated team of attorneys and paralegals standing by to help you. Our team will help you file a Michigan car accident claim and help you understand your rights.

 

First Party Benefits

As per the Michigan No-Fault Law, you are entitled to first party benefits or PIP (Michigan Personal Injury Protection) even if you were at fault. Some of the benefits include:

• Medical expenses: The No-Fault law allows for you to be reimbursed for all the medical expenses that were accrued following the auto accident. This means that you will get back the amount of money that you used to cover for medical care. However, the insurance company has to ascertain that the medical treatment you received was essential. To maximize on this benefit, ensure that you see a medical professional immediately after the accident to get checked up. The professional will assess your injuries including internal injuries which might not be evident.
• Medical mileage: In addition to the medical expenses, the No-Fault act allows for one to be paid back the amount they spent in transportation when going to the doctors’ offices, visiting hospitals or to rehabilitation clinics. In this case, ensure that you have a stash of your mileage expenses and give them to your insurance company alongside the medical bills.
  Wage loss: Another benefit under the No-Fault act is the reimbursement of 85% of one’s wages. This is in the event that one is unable to go to work because of the injuries they sustained from the accident. However, this amount is adjusted each year and is payable up to three years from the date of the accident.
• Household services: If after the accident, you are unable to perform normal household duties that you could do before the accident, you are entitled to a maximum of $20 daily so as to hire someone to do them for you. This could be a house help or a relative.
• Attendant care: This refers to nursing services which are broken down to ‘activities of daily living’. These include services such as grooming, bathing or dressing among others. The money is given to the family members or guardians who are mandated with carrying out these services to the victims.

The Downside: Third Party Benefits

Alongside the first party benefits, an auto accident victim is entitled to benefits under the third party claim. These include remuneration for pain and suffering and non-economic losses. However, in order to receive these benefits, the victim must meet a certain threshold that is required. Additionally, the auto accident victim must prove that the other driver was largely at fault. Even if you are injured from a truck accident, a Michigan truck accident lawyer at our firm can help you.

In order to receive this payout, the plaintiff must prove that you were at least 50% at-fault and this led to their injuries. In this case, you will be barred from receiving these benefits.

Auto Accident Attorneys

Even if you consider yourself to be entirely at-fault, you should not resign to this fact. Instead, ask for an auto accident lawyer who will assist in the following:

• An attorney will help disprove some if not all the accusations of fault. You might think that it is pretty obvious that you are at fault, but a lawyer can help in lifting these accusations and ensure that you are not thrown under the bus.
• An attorney may also identify other parties that may have played a part in the occurrence of the crash. For example, the attorney may stumble upon evidence that proves the other driver was also negligent such as traffic citations.
• A Michigan car accident lawyer will also prove that you were not totally at fault. This means that if your fault rate is below 50%, in most cases, you might not end up in court due to a pain and suffering lawsuit from the plaintiff.

So even if you think that you are entirely at-fault, a Michigan auto accident lawyer from Elia & Ponto can help you avoid paying for the victim’s pain and suffering from your personal assets, if their needs exceed your policy limit.

If you or a loved was in an auto accident in Michigan and you need to file a Michigan insurance claim, our auto accident lawyers at Elia & Ponto will guide in you in the process of securing your first party benefits and third-party benefits if need be.

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Why You Need a Lawyer after an Accident in Michigan

Why You Need a Lawyer after an Accident in Michigan

When in an accident in Michigan, it is a routine for you to notify your insurance provider and file a claim. Being a no-fault state, Michigan allows for a PIP insurance, which covers the treatment of your wounds. However, even if the process is routine, you may encounter some hurdles on the way, which could cripple the whole process. You might get yourself filing several claims and dealing with multiple insurance companies. At this point, you might need to consider a Michigan car accident lawyer to guide you through the whole process to help you jump the following hurdles:

1. Figuring out the No-Fault law

Since Michigan runs on the No-Fault law, there are plenty of things that could complicate the insurance claim process. Perhaps, this is why you need a car and truck accident lawyer in Michigan. The No-Fault law ensures the two parties involved in the auto accident receive benefits from their auto insurance providers, regardless of who was responsible for the accident. When the law is taken down piece by piece, you suddenly realize that it is much involved including insurance policies which are different, workers compensation and the personal injury law whose threshold is strict. This is why you need the services of an auto accident lawyer in Michigan.

2. Dealing with adjusters

Once your auto insurance providers are aware of the auto accident you were in, they respond by sending adjusters. In most cases, the adjusters will be seeking ‘statements’ or to get you to sign a release. However, you should not deal with an adjuster or sign any release without the guidance of an attorney.
In addition, claim adjusters will try to obtain written statements early on, in a bid to downplay pain and personal injuries. These are used later on in court in an effort to undermine the auto accident victim. Furthermore, if the damage on the car is low, adjusters will conclude that no person could have sustained serious injuries following the auto accident. A Michigan auto accident lawyer will also help you avoid discussing or signing anything directly immediately after the accident to protect your rights. Such an attorney will review the language to any document that requires signing. This is because releases may have unrelated language, which may lead to unforeseen consequences.

3. Figuring out the insurance policy language

Another reason to have an auto accident lawyer is to have them look at your insurance policy. This is to identify any landmines, which could have your rights undermined. Insurance policies may have plenty of languages hidden in fine print, but an attorney will spot them and ensure that you remain protected. This is another reason why you need a lawyer after an accident in Michigan. 

In addition, Michigan auto insurance providers are at liberty to tweak the requirements for their policy filing any time they please. Perhaps, this is the primary reason why one needs to have an auto accident lawyer who should look through the whole insurance policy.

Additionally, numerous insurance policies contain different provisions on motorist coverage for the uninsured and underinsured in which they require prompt notice. However, the majority of the clients assume their insurance policies are in line with the Michigan No-Fault time. However, in many cases, a client may lose vital coverage simply because he or she failed to meet the notification requirements within the required time.

4. To defend your rights when in an accident with an uninsured driver

There are many types of Michigan car accidents. When you are in an accident with a driver who is uninsured, the situation is likely to escalate, as every circumstance tends to be different. Regardless of having auto insurance, having a Michigan car accident lawyer will go a long way in ensuring your rights are protected and that you get all of your benefits entitled to you. So why is this situation such a hard nut to crack? What are my rights when in such an accident? One, on No-Fault insurance and in an accident with an uninsured driver, you can still receive Michigan No-Fault benefits in spite of the driver at fault.

Two, when under the same insurance, and you get hit by an uninsured driver, that driver cannot take you to court for negligence. In addition, in this situation, the only avenue for receiving pain and suffering damages is through your underinsured and uninsured motorist coverage. Finally, on car damages, when in an accident with an uninsured driver, you will not be bound to the mini-tort maximum of $500 to cover for car damage.
Therefore, whether you are trying to figure out the no-fault law, trying to manage your insurance provider’s adjuster, figuring out the language in your insurance policy or holding on to your rights, you need a Michigan auto accident lawyer to guide you. At Elia & Ponto, we will connect you with the right Michigan car accident attorney to fight the legal battles for you.

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source https://www.eliaandponto.com/why-you-need-a-lawyer-after-an-accident-in-michigan/

Social Media Guidelines When involved in an Auto Accident in Michigan

Social media sites like Facebook, Instagram and Snapchat have become popular forums for people to share details of what is going on in their lives with friends and family. For victims of auto accidents in Michigan, it is not paranormal that they would want to hit social media to update their friends and family of the ordeal they just went through and update them on the settlement case progress.

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Michigan Safe Driving Tips for 2018

When you’re on the road, it’s important to make safe driving your highest priority. Driving safely helps to lower the risk that you will be in a car accident. Or, even if you are in a car accident, adhering to the following safety tips can help to minimize the damage caused by the accident. A Michigan accident lawyer at our firm can help you file a Michigan auto accident claim.

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source https://www.eliaandponto.com/michigan-safe-driving-tips-for-2018/

Signs of a Concussion After a Car Accident in Michigan

If you are in a car accident, it is important that you look out for signs of a concussion in the minutes, hours, and days following the accident. A concussion is a very serious brain injury that can affect how well your brain is able to function. A concussion can be caused by a strong blow to the head or by being violently shaken or jarred - both of which could occur during a vehicle accident.

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