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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source https://www.eliaandponto.com/what-to-expect-when-you-are-at-fault-in-a-michigan-auto-accident/

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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source https://www.eliaandponto.com/social-media-guidelines-when-involved-in-an-auto-accident-in-michigan/

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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source https://www.eliaandponto.com/signs-of-a-concussion-after-a-car-accident-in-michigan/

A Parent’s Guide to Stopping Teen Driving Accidents in Michigan

Did you know that of drivers of all ages, 16-year-olds rank the highest in the number of crash rates? Additionally, 1 in 5 of drivers who are 16 years has an accident in their first year driving. However, in spite of these shocking stats, not many teens fancy driving nowadays.

The post A Parent’s Guide to Stopping Teen Driving Accidents in Michigan appeared first on The Law Firm of Elia & Ponto.

source https://www.eliaandponto.com/a-parents-guide-to-stopping-teen-driving-accidents-in-michigan/

Factors that Determine Your Insurance Policy Payout

Factors that Determine Your Insurance Policy Payout When a victim of an auto accident fills an insurance claim for personal injury, he or she wants to get an estimate of what his or her case is worth. However, this is always a hard question to answer. Honestly, it cannot be answered right off the bat. […]

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source https://www.eliaandponto.com/factors-that-determine-your-insurance-policy-payout/