Dealing with Insurance, Medical Issues & Claim in Michigan
Immediately following a car accident, there are several important steps that Michigan automobile accident attorneys recommend. The most time sensitive have been highlighted below:
1) Contact Local Michigan Police and Seek Medical Attention after the Car Accident
Following any car accident in Michigan, the car accident victim should contact the nearest police department and immediately seek medical attention for any and all injuries that were in result of the recent car accident. Be sure to report and document any minor pain that may seem less important at the time, in comparison to more serious car accident injuries. Significant injuries are often “masked” early on, making it difficult to link to the recent auto accident if not thoroughly documented.
2) Document the Michigan Car Accident Investigation
It is very important, in the state of Michigan, to obtain contact information for any passengers and witnesses involved in the recent car accident. If personal injuries suffered make it difficult to identify circumstances that may have contributed to the car accident, friends or family should aid the injured victim at the car accident scene. This information will be extremely important if it becomes necessary to hire a Michigan car accident lawyer. All too often, the driver who caused a auto accident will change his or her story along the way. If witness information is not preserved at the scene of the car accident or shortly thereafter, or if it is missing from the Michigan police investigation, it will become much more difficult to prove negligence. At times, mistakes can be made by the police in determining who is at fault for the car accident. A Michigan car accident lawyer can often help with the auto accident investigation to protect car accident victim’s rights and identify the cause and circumstances before evidence is lost or destroyed.
3) Notify You Michigan Auto Insurance Company Immediately & File Application for Benefits (within 1 year)
Michigan auto insurance companies must be immediately notified of the car accident. In Michigan there is a strict one year time limit to notify your own (first-party) no fault insurance company of your car accident, and to file your Application for Benefits. Also, there is a 3 year time limit to file a lawsuit against the negligent driver’s (third party) car insurance company. Filing the Application for Benefits Form in Michigan is extremely important – and absolutely essential for protecting your no fault rights in Michigan if you were involved in a car accident. There is no danger in completing this form, even if car accident injuries do not seem severe. This form is required to receive 5 important benefits:
medical fees
wage loss
replacement services
mileage
attendant care benefits (based on severity of the car accident injuries)
Again, this can not be stressed enough – this application must be filed within 1 year – no exceptions. For your convenience, the car accident attorneys of Michigan Auto Law have made a generic Application for Michigan Car Accident Benefits form available as a free download. Complete this immediately and thoroughly. Or, use the form available through your Michigan auto insurance company. Be as accurate and complete as possible (refer to the Michigan Lawyers Resource Center for case examples of how poor or incomplete documentation can hurt car accident victims, see Ross vs. Allstate and Cunningham vs. Allstate.)
4) Check Your Michigan Insurance Policy for VERY Specific Notification Requirements Pertaining to Your Car Accident
In addition to the above “legislative” deadlines, many Michigan car insurance policies pose even stricter “policy driven” notification requirements (such as 30 days notice for hit and run car accidents). In comparison to statutes, Michigan insurance carriers can change their policy filing requirements at any time. For this reason it is critical to carefully review your auto insurance policy, entirely. Many contracts have separate provisions for uninsured and underinsurance coverage requiring very prompt notice. Regretfully, car accident attorneys at Michigan Auto Law have seen far too many unadvised clients assume that their Michigan car insurance policies were consistent with Michigan no fault timelines, assuming they had 1 year, or 3 years. In many cases, the contractual language of the policy and the filing limits were far more restrictive. If car accident victims fail to adhere to these notification requirements on time, they can lose this important coverage. It is strongly recommended that car accident victims in Michigan read every insurance contract closely and discuss any questions about notice and filing with a Michigan car accident attorney who is experienced in handling car accident cases in the state of Michigan.
5) Check Your Michigan Car Insurance Policies for Coordinated Benefits
It is also important to quickly review Michigan car insurance policies and any additional contractual coverage (such as underinsured or uninsured). This is often easier said than done. If you are unsure how to read or interpret your various policies, talk with an experienced Michigan car accident attorney as soon as possible. The car accident lawyers at Michigan Auto Law welcome the chance to help victims avoid common pitfalls and loop holes posed by insurance companies in Michigan. For example, there are many issues with health insurance plans, managed care plans, ERISA plans, coordinated vs. uncoordinated policies where clients have lost thousands of dollars. In each case, talking with an experienced car accident lawyer would have avoided this. It is common for Michigan drivers to have uncoordinated or full coverage without realizing this (as opposed to having coordinated benefits or insurance that is secondary to health insurance). Most policies are coordinated because it is less expensive, as the health insurance pays first. With uncoordinated coverage, victims could possibly receive the “double dip recovery” - where the health insurance pays the medical and car insurance pays car accident victim for medical expenses. The policy holder paid for these benefits but without understanding the fine print, he or she can easily lose the right to coverage. It is particularly important to understand all related insurance policies while receiving ongoing medical care to ensure that health care providers bill appropriately. Most providers will bill the “easiest” insurance company or bill no fault insurance first – which can be an expensive mistake that could have been avoided by reviewing policies with an expert.
6) Never Sign a Release or Give Statement to a Michigan Insurance Claims Adjuster
Never give “statements” to a Michigan car accident claims adjuster, never sign a release or allow the adjuster look at the car damage without the presence of a Michigan car accident lawyer. Claims adjusters often try to get recorded statements early trying to minimize pain and injuries (for use later in court when trying to undermine the car accident victim). Often, when there is low car damage, adjusters try to claim that no one could have been seriously injured in the car accident. It is recommended that nothing be discussed or signed directly after any car accident in order to protect your rights. Even limited property damage releases will contain unrelated language releasing all personal injuries suffered from a car accident, whether known or unknown. Too many people rush into signing these documents without having the release language reviewed by a Michigan car accident lawyer, and may lose their right to sue the negligent driver later for their car accident related injuries.
Michigan car accident liability is also different from all other states. Damages recoverable from a Michigan car injury accident will include first party claims (victim’s insurance), including medical bills, wage loss, replacement services, attendant care, and medical mileage. Third party automobile negligence tort claims (negligent driver’s insurance) involve personal injury and excess economic loss. All auto insurance policies sold in Michigan also include some limited coverage for vehicle damage, property damage and compensation for both physical and emotional injuries. Again, if asked to sign anything, it is in your best interest to have a Michigan car accident lawyer review the document on your behalf. The information above is a simplified summary of the most important things to know and address immediately following a recent Michigan car accident. Additional information, tips, and important advice about successfully handling car accident cases can be found throughout this section, in the Michigan Lawyers Resource Center and in the No Fault Advice section. Every car accident case in Michigan is unique and most often, very challenging. There is never a down side to contacting a Michigan car accident attorney for a free review of your unique circumstances. For a free consultation, call 800-777-0028 to speak with a specialized Michigan car accident lawyer.
AV Peer Review Rated
Michigan Auto Law is an AV RATED law firm, the highest possible rating for legal ability and ethics. Very few lawyers and law firms in Michigan have been selected with this top rating.
American Association for Justice
Steve Gursten is Chair for the 2008 Interstate Truck Litigation Group for the American Association for Justice (AAJ). Michigan Auto Law has been a long standing member and contributor to the American Association for Justice (AAJ), formerly the American Trial Lawyers Association (ATLA).
Michigan Super Lawyer
Top 5% of Attorneys in Michigan
Michigan Super Lawyer features only the Top 5% of attorneys in Michigan.
3 Michigan Auto Law attorneys
have been featured as
Michigan Super Lawyer:
Lawrence E. Gursten - 2007, 2006
Leonard M. Koltonow - 2007
David E. Christensen - 2007
Bar Register of Preeminent Lawyers
Only 5% of Law Firms in the U.S. Qualify
Only 5% of all U.S. law firms qualify to be included in the Bar Register of Preeminent Lawyers, making Michigan Auto Law one of the most distinguished and respected in the country.
Michigan Lawyer of the Year
Steven M. Gursten was selected as "Lawyer of the Year" for 2005, by Michigan Lawyers Weekly, the state's largest legal periodical. Steve was selected after winning a $9 million dollar pain and suffering settlement for one of his clients - the largest settlement for pain and suffering in Michigan in over ten years.
Michigan Trial Lawyers Association (MTLA)
Robert M. Raitt of Michigan Auto Law is President for the Michigan Trial Lawyers Association (MTLA) for 2008. The attorneys at Michigan Auto Law are well-respected members of the Michigan Trial Lawyers Association (MTLA), dedicated to helping Michigan families seek justice when they are injured by another person's negligence.
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