You should always consult with a lawyer for a car accident that wasn’t your fault. A consultation is always free, and an attorney can make sure you recover all that you are entitled to, including all of your No-Fault insurance benefits. An attorney can also help you recover pain and suffering compensation for your injuries, excess medical benefits, and wage loss.
A lawyer will help you get No-Fault benefits after a car accident that wasn’t your fault
As an automobile crash victim, Michigan’s auto No-Fault insurance law provides you the right to recover PIP benefits to pay for medical bills and expenses for your injuries, lost wages, medical mileage and transportation costs (for traveling to and from medical appointments), household replacement services and attendant care.
There are important time limitations involved with all of these No-Fault insurance benefits. An experienced attorney can make sure you meet the necessary submittal deadlines for claiming No-Fault benefits so you can get what you are entitled to under the Michigan auto law.
For example, to even start a claim to recover No-Fault benefits after you have been injured in an automobile crash in Michigan, you must file an application for No-Fault benefits – which is also called your “written notice of injury” – with the responsible auto insurance company within one (1) year after the bus accident. (MCL 500.3145(1) and (4))
If you fail to file your application on time – within ONE YEAR from the date of your automobile crash – then you will forever lose any benefits to which you might be entitled.
A lawyer will help you get compensation after a car accident that wasn’t your fault
You may be entitled to recover compensation for pain and suffering as well as excess medical expenses and excess lost wages after an automobile crash. An experienced lawyer can help you recover the full settlement value of your injury claim after a car accident that wasn’t your fault.
Claims for this type of compensation are called third party claims and there are many special rules and legal requirements that must first be met for any pain and suffering claim to be successful. For instance, in order to recover pain and suffering compensation, the automobile crash must be able to show that he or she has suffered a “serious impairment of body function.” Your lawyer can help you document and prove that the car accident that wasn’t your fault was the cause of your injuries and how they have affected your life so you meet this threshold test and can obtain a successful legal recovery and settlement.
Your attorney will also be able to assist you in making a claim against the at-fault driver’s third party car insurance as well as claims for uninsured motorist and underinsured motorist coverage with your own auto insurance company.
A lawyer can advise you on filing a mini tort claim for vehicle damage after a car accident that wasn’t your fault
Finally, for a car accident that wasn’t your fault a lawyer can help you recover your vehicle damage and repair costs and advise you about how to collect under Michigan’s mini tort law.
The mini tort recovery was raised to $3,000 (not including repair bill costs covered by car insurance) for all automobile crashes that occur after July 1, 2020. An attorney can also help advise you on how to proceed in small claims court, in the unlikely event that this becomes necessary to collect your mini tort against an at-fault, negligent driver (although by law an attorney cannot appear for you in small claims court).
Getting compensation with a lawyer for a car accident that was not your fault
The lawyer you choose to help you makes a big difference in how successful you will be and in how much compensation you recover after a car accident that was not your fault.
Most insurance companies use some form of claims adjusting software when determining the settlement value of a case. These claims programs then factor in the experience, settlements, trial verdicts, and reputation of the attorney you choose. The right attorney can increase the value of a settlement by up to 4 x more, just by virtue of his or her reputation.
The attorney you choose to hire matters.
This is why your choice of a personal injury attorney is so important.
The bottom line is that attorneys who are known for going to trial can settle cases for significantly more money and often much faster. .
To learn more about how much your case may be worth, please check our “Settlement Calculator.”
A lawyer will protect you from overly aggressive claims adjusters, defense lawyers
You should get a lawyer for a car accident that wasn’t your fault because he or she will protect you from overly aggressive claims adjusters and insurance company defense attorneys. Some claims adjusters do their job well, but there are too many that put the best interests of the insurance company over the best interests of the injured customer, even when a claim clearly should be paid. Some claims adjusters will try to get you to improperly get you to sign away all of your legal rights to compensation and benefits.
Finally, some adjusters try to reach early settlements with people who are not represented by an attorney, hoping to take advantage of that person’s lack of knowledge and to settle claims for a fraction of what they are truly worth. This is actually part of the game plan of many insurance companies today. They know that they can save money by settling cases with accident victims when they are vulnerable and in pain, before they have a full understanding and appreciation of the full extent and severity of their injuries.
Claims adjusters and defense attorneys are not doing this to help victims like you. They are doing this to help the auto insurance company avoid having to pay the full settlement value of accident victims’ injuries.
Need help? Call the attorneys at Michigan Auto Law
If you have been injured in a car accident that wasn’t your fault and would like to speak with an experienced lawyer, call toll free anytime 24/7 at (800) 777-0028 for a free consultation with one of our attorneys. You can also get help from an experienced accident attorney by emailing [email protected] or you can use the chat feature on our website.