Things to Know After a Michigan Truck Accident

Immediately following a commercial truck accident, there are several important steps that Michigan truck accident attorneys recommend. The most time-sensitive tips on dealing with insurance, medical issues and claims in Michigan have been summarized below:

1. Contact local Michigan police and seek medical attention after the truck accident.

Following any truck accident in Michigan, the victim should contact the nearest police department and immediately seek medical attention for all injuries. Be sure to report and document any minor pain that may seem less important at the time compared to more serious injuries. Significant injuries are often masked early on, making it difficult to link them to the truck accident if they are not documented.

2. Document the Michigan truck accident.

In Michigan, it’s crucial to obtain contact information for any passengers and witnesses involved in the truck accident. If personal injuries make it difficult to identify circumstances that may have contributed to the truck accident, friends or family should aid the injured victim at the scene. This information will be extremely important if it becomes necessary to hire a Michigan personal injury lawyer, because all too often, the truck driver who caused the accident will change his story along the way. Furthermore, if witness information is not preserved at the scene, or if it’s missing from the police investigation, it becomes much more difficult for an attorney to prove negligence.

3. Retain an experienced Michigan lawyer quickly.

Trucking companies are required by federal and state law to keep records of safety inspections and drivers’ hours. Because bad equipment and driver fatigue cause many truck accidents, these records could prove liability against the trucking company. But after a certain period of time, trucking companies by law can dispose pre-trip inspection documents and log books. That’s one important way that a truck crash is very different from a car crash. It is imperative that an experienced Michigan truck accident lawyer be retained as soon as possible before important records are intentionally (and legally) destroyed.

4. Notify your auto insurance company immediately.

Michigan auto no fault insurance companies must be notified after a truck accident. In Michigan, there’s a strict, one-year time limit to notify your own (first-party) no fault insurance company of a truck accident, and to file your application for benefits. There is a three-year time limit to file a lawsuit against the negligent driver’s (third-party) truck insurance company.

5. File an application for benefits.

Filing an application for benefits form with your insurance company is essential for protecting your no-fault rights in Michigan, even if hopefully your injuries from a truck accident do not seem severe. The form is required to receive five important benefits: medical fees, wage loss, replacement services, mileage and attendant care. Use the form available through your auto insurance company. Please be as accurate and complete as possible, and include all of your injuries and impairments.

6. Check your Michigan insurance policy for very specific notification requirements pertaining to your truck accident.

In addition to the above legislative deadlines, many Michigan auto insurance policies pose even more strict notification requirements, such as 30 days notice for hit-and-run accidents. Unlike statutes, Michigan insurance carriers can change their policy filing requirements at any time. Many contracts have separate provisions for uninsured and underinsured coverage, requiring very prompt notice of an accident. So if car accident victims fail to adhere on time, they can lose this important coverage. For this reason, it’s critical to carefully review your entire auto insurance policy with an experienced no fault insurance lawyer following a truck accident.

7. Check your Michigan auto insurance policy for uncoordinated benefits.

It’s important to quickly review your Michigan auto no fault insurance policy and any additional contractual coverage you might have. There can be some common pitfalls and loopholes posed by some typical auto insurance policies. For example, some people have lost tens of lost thousands of dollars because they did not understand the interplay between health insurance plans, managed care plans and ERISA plans, as well as coordinated (excess) and uncoordinated (primary) polices. Most policies are coordinated, meaning that if you have existing health insurance in the event of a truck accident, your health insurance pays first and your auto no fault insurance pays the remaining balance. With uncoordinated coverage, truck accident victims may be entitled to receive a “double dip recovery” under the policy.

8. Never sign a release or give statement to a Michigan insurance claims adjuster.

Never give statements to a Michigan auto accident claims adjuster, and never sign a release or allow the adjuster to look at the auto damage. Too many people rush into signing adjusters’ documents without having the language reviewed by a Michigan truck accident lawyer. Therefore, they may lose their right to sue the negligent truck driver and the trucking company for accident-related injuries. Claims adjusters often try to get recorded statements early, aiming to minimize the accident victim’s pain and injuries for later use in court. Even limited property damage releases can contain unrelated language releasing all personal injuries suffered from a car accident.

9. Keep in mind unique Michigan auto accident liability.

Michigan auto and truck accident liability is different from all other states. Damages recoverable from a Michigan truck injury accident will include first-party claims (victim’s insurance), such as medical bills, wage loss, replacement services, attendant care and medical mileage. Third-party auto negligence tort claims (negligent driver’s insurance) involve personal injury and excess economic loss. All auto insurance policies sold in Michigan include some limited coverage for vehicle damage, property damage and compensation for physical and emotional injuries.

Additional information, tips and important advice about successfully handling truck accident cases can be found throughout this section in the Michigan Truck Accident Legal Resource Center. Every truck accident case in Michigan is unique and most often, very challenging. There is never a down side to contacting a Michigan truck accident attorney for a free review of your circumstances. To request a free, no obligation case evaluation with one of our attorneys, please fill out our consultation form and we will respond to your inquiry within one business day. Or to speak to a lawyer immediately, please call (800) 777-0028.