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Should a Canadian citizen injured in a Michigan car accident call a MI lawyer or a Canadian lawyer? 

May 7, 2015 by Steven M. Gursten

How a Michigan lawyer can sometimes add tremendous value to cases – that even competent Canadian lawyers wouldn’t know about

Canadian-drivers-in-Michigan

With Windsor just over the border from Detroit and only 35 minutes away from our main law offices in Farmington Hills, there are a number of common and recurring legal issues I see arise over and over when a Canadian citizen crosses the border into Michigan for shopping or business and unfortunately becomes involved in an auto accident.

There’s one particular land mine that I see many Canadian lawyers make when these cases occur and a person who lives in Canada contacts a Canadian lawyer instead of a lawyer in Michigan. That mistake is not advising the accident victim that he will normally have a better way to make a successful recovery by using the Michigan No Fault insurance system and bringing a lawsuit for injuries and pain and suffering in Michigan.

For far too many Canadian lawyers, the default is to use their free national health insurance system.

While many Canadians are justifiably proud of their health insurance system, Michigan No Fault is actually the better option for the vast majority of Canadians injured in Michigan car accidents. Michigan No Fault insurance benefits can lead to faster treatment and referrals for diagnostic testing like MRIs and CT scans. And it is easier to get to a medical specialist.

But the main reason is the tort (the personal injury case for compensation for injuries and pain and suffering) must be filed in Michigan. And it must be a lawyer licensed to practice law in Michigan that must file this in the Michigan venue where the motor vehicle accident occurred. While Michigan’s auto accident threshold law  is in many ways, similar to the threshold issues required in the Canadian legal system, there are critical differences and specific requirements that will hold the key to getting a fair settlement.

I’ve written several blogs on how Michigan’s law, and its No Fault law in particular, applies to Canadians injured in Michigan. Please click on the link below to learn more, or call at any time to learn about your legal rights.

Here’s a recent testimonial from a Candian client who was injured in Michigan

“We live in Ontario but we were in a car accident in Michigan. Our Canadian lawyer had difficulty with the Michigan system and so sought help from Michigan Auto Law. Josh Terebelo was of great help and kept us up to date with what was going on with our case in Michigan. We didn’t have any trouble going through the Michigan court proceedings and living in another country. Josh was knowledgeable and always available to answer questions about both sides of the law. He settled our case for a large amount, so we didn’t have to go to trial. I would definitely recommend Michigan Auto Law to my fellow Canadians who often drive in Michigan.”

                                                                                                                              – G. Kardassopolous, Ontario

Related information:

Can a Canadian driver collect Michigan No Fault benefits?

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