Page 9: Michigan No-fault Law

Michigan No-fault Law
TABLE OF CONTENTS

“Am I covered under No-fault?”

“What benefits am I allowed to receive?”

		Wage Loss
		Medical Expense
		Survivors’ Benefit
		Property Damage
		Motorcycles
		Other Types of Coverage

“Can I bring a claim against someone who caused my accident and injuries?

Legal Tips: Michigan No-fault Law

“Can I bring an action or claim to recover for the pain and suffering injuries I received in an accident?”

Generally yes, if you can prove someone else was mainly at fault for the accident, and you were seriously injured. These types of claims are commonly called “Third-Party claims.” These claims seek compensation for serious injury, which includes death, “serious impairment of a body function” or “permanent serious disfigurement.”

“What is a “serious impairment” of a body function?”
Serious impairment of body function” is an impairment of an important body function that affects a person’s general ability to lead his or her normal life. For example, a broken leg may or may not be a serious impairment depending upon how the leg heals and whether, for example, the injured person can still do his regular job and/or hobbies.

“Who decides if I have a serious impairment?”
Most likely a Judge, but in some cases a Jury decides. For example, closed head injuries are treated differently under the serious impairment requirement. If a licensed physician who regularly diagnoses or treats closed head injuries testifies that there may be a serious neurological injury, the Jury will decide the issue and not the Judge.

You do not need to have suffered serious impairment of bodily function or permanent serious disfigurement to bring a claim for lost wages or replacement service expenses that exceed No-fault benefits.

“Who can I sue?”
There are several categories of possible defendants.
The most obvious defendant is the at-fault driver.

At-Fault Driver:	Claims against the driver who caused the accident if there was a death, serious impairment of body function or permanent serious disfigurement.
Owner of the At-Fault Vehicle:	Claims against the owner of the vehicle that caused the accident if there was a death, serious impairment of body function or permanent serious disfigurement.
Dramshop:	Claims against liquor stores bars, or restaurants that served alcohol to a visibly intoxicated person or a minor, who later caused an accident.
Product Liability:	Claims against manufacturers/sellers of a defective product if it caused or contributed to the accident and your injuries. Examples include defective seat belts, improperly designed fuel systems, defective tires and vehicle rollover susceptibility.
Roadways:	Claims against a government agency for unsafe roads.

These are only a few of the types of claims/lawsuits that may be brought. Each type of claim has specific legal requirements. You may wish to consult an attorney to investigate whether you have such a claim.

“Will my conduct in the accident affect my right to file a lawsuit or recover for my injuries?”

Yes. There are several laws that may limit or prevent your recovering for your injuries.

Comparative Fault:	Your damages will be reduced by your percentage of fault. For example, if the other driver is 80% at fault and you were 20% at fault, you would recover only 80% of your damages.
Limited Recovery:	If you were drinking or not wearing a seatbelt, your recovery may also be severely limited by percentages set by law.
No Recovery:	If you were more than 50% at fault, you generally cannot recover for your injuries.
No Insurance:	A person who drives his own car and does not have insurance is not entitled to recover.

“Are there time limits to bring Third-Party Lawsuit claims?”
Yes. All Lawsuits have “Statutes of Limitation” or time periods within which a claim must be brought. If the lawsuit is not filed within the time set by law, even if only one day late, you will forever lose your right to sue. Many claims are subject to a three (3) year Statute of Limitations, but there are shorter time periods in some cases, such as two (2) years in cases against highway authorities. Also, in some claims against government agencies, notice must be given within 60 to 120 days of the accident. Dramshop notices must be given to the bar or tavern within 120 days of retaining an attorney and a Lawsuit filed within two (2) years. You should always investigate the possibility of a Lawsuit as soon as possible after the accident.

“What about attorney fees?”
There are many options. First, you can hire a lawyer to represent you on an hourly basis. Second, you can hire a lawyer on a “contingent fee.” This means that the lawyer will not charge you per hour but will take a fee based on the amount of money you receive. Most personal injury lawyers accept cases on a contingent fee of one-third (1/3) of the recovery after first deducting the case expenses. If there is no recovery, you will not owe the attorney any fee for services.

All contracts with an attorney should be in writing and fully explained to you. You should not sign a contract unless you fully understand it.

Other things you should know if there are Claims against others:

Wrongful Death:	There are procedures that must be followed to bring and settle a Wrongful Death claim.
Workers’ Compensation:	If you received Workers’ Compensation benefits for your injury those benefits will be reimbursed from your Settlement or Lawsuit for things not covered by No-fault. Generally, you do not have to pay your No-fault carrier back for benefits it pays to you.
Mental Incapacity:	If a person is rendered mentally incapacitated because or an accident, a Guardian/Conservator/Personal Representative may need to be appointed by the Court.
Evidence Preservation:	Because additional claims may exist, all evidence, such as the car and seatbelts, should be preserved.
Photographs:	Photographs should be taken to show the extent of injuries.

“What if I still have questions?”
If you have been injured and wish to be advised about the “serious impairment of body function” requirement, or discuss whether you have a legitimate claim, free consultation will be provided.

If you have any questions, please contact me:
Michael J. Gallagher, Personal Injury Attorney
mike@lawyerinjuryexpert.com 1-877-445-4446

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