If you’ve been in a car accident in Michigan, you know their car insurance laws are a little different from what you might find in other states. Michigan is one of a handful of states with no-fault insurance, which might feel a little more complicated than fault insurance.
In no-fault states following a car accident, you must file with your insurance company, rather than filing a claim against the other driver in court, avoiding the issue of fault altogether in most situations. Why? If the other driver was at fault, why shouldn’t they be held responsible for your injuries?
While no-fault insurance can make the process a little easier on you, a lawyer can help with a no-fault claim if you’re having trouble with it.
To Simplify Your Case
Some states have switched to a no-fault insurance system because, for most accident cases, it’s simpler to let the driver’s insurers handle the expenses of the accident. This cuts down on the time and costs of fighting for your claim in court, which lets you get started on your recovery as soon as possible.
That’s not the case with fault states. You could spend some time in court fighting for the compensation you need to get your repairs and medical care paid for.
While you may choose to pursue a claim against the person if your insurance company won’t cover all your expenses, or if you suffered injuries above the “serious injury” threshold, you have the option to settle your case without dealing with the other driver.
To Ensure Your Coverage
Avoiding a fight in the courtroom for your coverage doesn’t just save you time. Few car accidents are one hundred percent the fault of one driver, and most states account for this with some type of comparative negligence.
This puts your part of the accident on you, diminishing your compensation by the percentage you’re responsible. Most states have a 50 percent rule, which means your case will be dismissed, and you won’t receive compensation if you’re more than 50 percent responsible, while some states don’t bar you from recovery. In a few states, you may be barred from recovery if you’re at all responsible for your accident.
Without help ensuring that you get the full compensation you’re owed with a lawyer, it’s easy to lose the compensation you need if you choose to file against the other driver.
Can You File Against the Other Driver Anyway?
In serious car accident cases, you might still want to seek action against the other driver who left you injured. While Michigan law does limit your options to file against them, it’s not impossible to file a claim against the individual to get your compensation.
Often, Michigan requires you to meet their serious injury threshold. This means your injury meets the following requirements:
- Your injury was an important body part or function
- The injury prevents you from leading a normal life
- There is a clear injury manifested
Get Help After a Car Accident
A car accident is never an easy thing to go through, but your no-fault auto insurance should cover most of the damages you might suffer because of your car crash. However, the laws involved might be unclear to you. It makes sense to file a claim so the responsible person must pay, right?
It’s not always so simple. A car accident lawyer can help you with your case, whether you choose to use your no-fault insurance or pursue a claim in court. No matter which is more appropriate to your needs, be sure you get the compensation you need after your accident.