If you’ve been in a car accident caused by someone else’s negligence, it’s understandable to be concerned about getting the compensation you need to get your life back on track. In Michigan, there are some particular things to know about the process of filing a claim, and a car accident attorney can help you do it all right so you get the maximum compensation for your losses. Here’s some things you need to know.
6 Things Michigan Drivers Should Know About Filing a Claim
1. It’s a No-Fault State
We have a no-fault insurance system in our state, meaning that your first place of recourse after an accident is your own insurance company, which will cover your medical expenses and lost wages regardless of who was at fault for the accident. This system is designed to make sure everyone gets prompt reimbursement for their losses and keep litigation to minimum.
Check your policy, which should have Personal Injury Protection (PIP) benefits. PIP covers medical expenses, a certain percentage of your lost wages, and reimbursement for some services if you are unable to perform household tasks.
2. You Have a Time Limit for Filing
Time is of the essence: notify your insurance company immediately after an accident to start the claims process. Delays in reporting can result in complications or even denial of your claim, so make sure you report to your insurance company within the one-year deadline.
If you and your lawyer decide you do need to file a personal injury lawsuit, you have three years. And, don’t forget: you only have three days after an accident to report it to the police, which is a different thing from filing a report with your insurance company.
3. You Need Evidence, Even in a No-Fault State
Collecting evidence at the scene of the accident will always be good for your claim, whether the whole thing is quickly resolved with your insurance company or you have to escalate to a lawsuit.
If you’re physical able, and it’s safe to do so, take photographs of the vehicles, road conditions, and any visible injuries. Get contact information from witnesses. File a police report and get a copy.
4. You Should Always Get Medical Attention
Always bear in mind that some injuries aren’t apparent right away. Sometimes adrenaline masks pain, and sometimes it just takes time for a serious issue to manifest, like internal bleeding. Always go get medical attention after an accident, even if you think you’re not hurt.
The documentation for this treatment will be part of your claim, and you need to show that you were prioritizing your own health as well as demonstrate the extent of your injuries.
5. Mini-Tort Claims Are for Vehicle Damage Only
If the other driver was at fault, you can file a mini-tort claim to recover up to $3,000 for vehicle damage that’s not covered by your insurance. You will make this claim against the at-fault driver’s insurance or against them directly, and it’s designed to cover your deductible or other out-of-pocket expenses you might have as you get your car repaired.
Mini-tort is not designed to fully pay for all your vehicle damage: that’s what your own collision coverage is for.
6. You Need a Car Accident Attorney
The no-fault system is designed to minimize litigation by ensuring you get the compensation you need, but that doesn’t mean you don’t need a lawyer. There are all kinds of things a lawyer can do for you here: file your claim properly, help you identify alternate sources of compensation if your insurance doesn’t cover all your losses, negotiate with your insurance company if they’re not providing the coverage they should, go after the other driver and their insurance company if they’re not paying their mini-tort obligations (and defend you from mini-tort claims if you weren’t at fault for the accident), and, of course, represent you to court if it comes to that.
If you’ve been in an accident, get the help you need in recovering the maximum compensation possible. Contact Jay Trucks & Associates, PC in Clare, MI now for help anywhere in the state.
