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There are two major issues to consider after an auto accident resulting in injury.
I. First Party No-Fault
When someone is injured in an auto accident, they will need to have their medical bills covered by insurance. Consequently,
they will file a claim for the first party benefits with their own no-fault insurance company. If they do not have their own
coverage, then they will file a claim with the insurance company that insures the vehicle in which they were traveling.
Remember, every car in Michigan is required to have insurance.
First party benefits are greatly referred to as personal injury protection benefits. If you are injured and have a valid
insurance policy on your vehicle, your insurance company will be required to pay your medical costs and expenses for treatment.
You will also be entitled to lost income for a period of up to three years. Of course, your lost income will have to be documented
by tax returns and other methods of verification.
In addition, you will also be reimbursed for necessary services performed for your personal or household benefit. You are even
entitled to mileage reimbursement for travel necessary for seeking medical care and rehabilitation. Of course, like any request
for benefits, you must document your travel expenses with specificity.
II. Third Party Benefits.
The question in this area is when can I sue the person that injured me in an auto accident and caused me pain and suffering. In
the event that you are seriously injured in an auto accident, you should consult an attorney immediately in order to determine whether
or not you would have a third party no-fault claim. This overview is not intended to determine whether or not you would have a claim,
it is only intended to offer general information regarding third party no-fault claims.
If you are seriously injured in a two car accident and the other party is over 50% at fault, you may have a claim for third party
benefits. Also, if you are a passenger in a car where the driver is at fault, you may also have a claim for third party benefits.
a. Serious impairment of bodily function.
In order to recover non-economic damages, that is papin and suffering in Michigan, you must have what is normally called threshold
injuries. Threshold injuries are death, serious impairment of bodily functioon or permanent seriuos disfigurement. By law, the serious
impairment of bodily function must be objectively manifested. That means you will need evidence such as doctors to document that the
injuries are serious. As part of the Michigan case law, the injury must affect your ability to live a normal llife. Some injuries
such as closed head injuries are subject to different rules and standards under the law. The law regarding threshold injuries is
constantly changing and being discussed by the Supreme Court of the State of Michigan. Therefore, it is necessary for an injured
party to consult an attorney regarding your threshold claim.
The law offices of Gerald R. Stahl has handled automobile accident cases since 1982. We have the experience
to fight big insurance companies and maximize recovery for your injuries.
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