Car accidents have the potential to inflict severe trauma and irreversible changes to one’s life. Right now, you’re probably grappling with not only physical injuries, but also emotional anguish and financial struggles. And also, you’re probably wondering if you can sue in a no fault state.
If you’ve recently been involved in a car accident in Michigan, you might be contemplating the possibility of pursuing a legal claim to recover the compensation you deserve.
Join us in this informative blog as we delve into the pivotal aspects that influence your eligibility to pursue a lawsuit within the state of Michigan.
Michigan’s No-Fault Insurance System: How to Navigate
Michigan stands out as one of the few states in the United States that functions under a no-fault insurance system. This particular system significantly affects your capacity to file a lawsuit seeking compensation for car accident-related damages.
Under the no-fault law, your own insurance company is responsible for covering your medical expenses and wage loss, regardless of who was at fault in the collision. This is known as personal injury protection (PIP) coverage.
However, there are some situations where you may be able to sue the at-fault driver in Michigan—even within the no-fault system. In fact, Michigan lawmakers recently introduced a set of bills intended to reform the auto insurance system, and improve access to care for drivers who have been seriously injured in car accidents.
Michigan’s no-fault system is purposefully confusing, and requires the assistance from a skilled and knowledgeable attorney.
1. Serious Injuries
If you sustain severe injuries as a result of a car accident, you may have the right to sue the at-fault driver.
Michigan law defines serious injuries as those that:
- result in death
- permanent disfigurement
- serious impairment of bodily function, or a
- medically determined injury that affects your ability to live a normal life.
2. Property Damage
In some instances, you may be able to sue for property damage that exceeds the limits of your insurance policy, or when the other driver’s negligence caused significant property damage.
In fact, Michigan’s mini-tort law allows you to file a lawsuit to recover up to $3,000 for vehicle damage not covered by your insurance provider.
3. Out-of-State Drivers
If the at-fault driver is not a Michigan resident, you may be able to sue them for your injuries.
However, this can be a complex process. This is why you should always consult with a skilled personal injury attorney to understand your options.
4. Intentional Torts
If the at-fault driver’s actions were intentional, such as road rage incidents or criminal behavior, you may have grounds for a lawsuit.
Plaintiffs must demonstrate that the defendant’s actions were deliberate, causing harm or injury. Michigan’s legal system provides remedies for victims of intentional torts, allowing them to seek compensation and justice through civil litigation.
Remember: If you see an aggressive driver on the road, call 911.
Be Aware of the Statute of Limitations
It’s essential to be aware of Michigan’s statute of limitations, which sets a time limit for filing a lawsuit.
In Michigan, you typically have three (3) years from the date of the accident to file a personal injury lawsuit and one (1) year for property damage claims. If a claim is past the three-year time window, no matter its merit, the court will typically decline to hear the case.
That’s why it’s imperative to not waste time, and explore how to file a personal injury claim sooner than later.
Seeking Legal Counsel for Your Car Accident: Can You Sue in a No Fault State?
Navigating the legal landscape after a car accident in Michigan is challenging, and often cause feelings of worry or fear.
Wigod & Falzon has experienced and compassionate attorneys who can help you understand your rights, assess your case, and guide you through the legal process. Additionally, we will assist in determining whether you have a valid claim based on the specific circumstances of your accident.
Don’t face the aftermath of a collision alone. Get help from an experienced attorney and get the justice you deserve!
Remember: We work on a contingency fee basis. This means the attorney fee and costs of handling the case is paid with a percentage of the settlement or judgment the client receives from their personal injury case.
In a nutshell: No recovery = NO FEE!
Need Help to Sue for a Car Accident in Michigan? Call Wigod & Falzon
If you’ve been in a car accident in Michigan, it’s time to consult with a knowledgeable attorney to figure out if you can sue in a no fault state. Afterwards, they can provide you with the guidance and support needed during this challenging time.
Wigod & Falzon is here for you. Contact us today for a free, no-comittment consultation.