It is common that, after a car accident, the injured party files a lawsuit against the responsible, but often directly with that party’s insurance company. Under Michigan laws, you have the right to file a claim against the person who is responsible for your losses. At White Law PLLC, our Okemos car accident lawyer can help you navigate this somewhat complicated area of the law to ensure you get the best possible results.
What You Should Know About Michigan Car Accident Rules
As a no-fault insurance state and a tort threshold entity, Michigan allows for legal action in some of these situations, specifically when the car accident’s losses are higher than that threshold. Specifically, if you hope to file a claim against those responsible for pain and suffering, your medical bills, or other economic and non-economic losses, you need to be sure you can do so within these special rules. Because of the complexity of these legal matters, we encourage you to reach out to our car accident attorney to ensure that you know what your specific situation warrants.
One of the core requirements is showing “serious impairment of body function.” If you wish to file a lawsuit against the party that is at fault, especially for claims of non-economic losses like pain and suffering, you have to show that this level of impairment occurred. This is a type of threshold test to ensure that a person truly suffered losses that warrant recovery.
However, as a no-fault state, you must first file a claim with your own insurance company to pay out your personal protection insurance benefits as a starting point. These funds are meant to provide for your losses up to the level of coverage on the policy. If you are unable to return to work or have unpaid medical costs, you can hold the at-fault party accountable.
Your Fight Is Our Fight
What Do No-Fault Laws Mean for Your Case?
Consider what this legal requirement may mean to you if you are in a car accident involving serious injury and losses. It is possible to file a lawsuit against the person responsible for your losses. However, to do that, you must show that this person is responsible for:
- Pain and suffering compensation from the losses you suffered
- Excess medical benefits for costs over and above what your insurance paid
- Vehicle damages over and above what your policy covers up to $3,000
- Excess wage loss benefits for amounts you lost over and above the coverage your insurance provides
There is no doubt that, in a serious car accident, you may have suffered profound losses that extend over the coverage you had, and you should receive compensation for those losses. Even with a robust policy, you may not have enough coverage to meet all of these costs in a serious collision. Filing a lawsuit, then, becomes a necessary and expected step.
How Do You Sue the At-Fault Driver in a Car Accident in Michigan?
Assuming your case warrants filing a personal lawsuit against those responsible, you can then file a lawsuit against the responsible party. This process requires numerous steps and is best handled by the attorneys working with you. In short, you need to file a motion in court for the losses you have and then work out a settlement or allow a judge to make a decision in your case.
Before heading into a lawsuit like this, it is critical that you have as much information available to support your claim as possible, and that means evidence to back up every component of your claim. Our car accident attorneys in Michigan have the experience to support you through this process. We will work diligently to make it clear you are owed money.
When ready to do so, we will then handle filing the claim in a court of law, ensuring it is done properly to present the best possible outcome for your case. Our dedicated team of professionals will remain by your side throughout the entire process, including through any negotiations. We always want to ensure you have the best possible outcome in your case.
We understand that you may be going through a difficult situation and we are ready to help however we can.
What Should You Do Now if You Are Not Sure if You Can Sue a Driver in an At-Fault Case?
It is not uncommon for victims in a car accident like this to have numerous bills, dozens of financial struggles, and a lot of uncertainty about the future, especially their ability to recover fully. As a direct result, it is critical that you have a trusted, experienced car accident attorney by your side to help you. Let us first meet with you in a no-cost consultation to find out the basics so we can tell you if we think you should move forward.
If it seems that your case warrants filing a lawsuit because you have exhausted all insurance claims and still have evidence of financial loss, we can work with you to document those losses fully. We will always work very closely with you to ensure you fully understand what to expect. Our attorneys will also work to better understand a complete picture of who is at fault, what happened, and how it impacted your life.
Exploring all of these options with us is a no-risk process. If you are unable to obtain compensation, you do not owe us anything as your attorneys, but we will fight hard for you from the start. Let us talk to you about your right to compensation and what you can expect from the entire lawsuit process.
You will always work directly with your attorney throughout your case.
Schedule a Consultation with Our Car Accident Attorney in Michigan Today
You can sue someone personally for a car accident, and our experienced crash attorneys in Michigan can help you do that. When you contact White Law PLLC, you get exceptional support and guidance as we work hard to fight to protect your rights to fair and full compensation. Contact us now to learn how to get started through a consultation and case evaluation.
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