Auto Accident Laws
Nobody wants to be involved in a vehicular accident. However, accidents do happen even to the most cautious of drivers. Knowing the Michigan auto accident laws is essential to get the compensation you deserve if you are unfortunate enough to be in an accident.
Michigan State Laws for Vehicular Accidents
In Michigan, there are a few things that you need to know regarding car accidents and personal injury.
No-Fault State. Michigan is a no-fault state for car accidents. Each driver’s insurance company will cover the damages, regardless of who was at fault for the accident.
If you are injured in an accident, you must file a claim with your own insurance company. You cannot sue the other driver for damages unless your injuries meet specific criteria.
Statute of Limitations. In Michigan, there is a time limit for personal injury lawsuits. This limit is three years from the date of the accident. However, this rule has some exceptions, so it is best to speak with an attorney if you have any questions.
Documentation. You can do a few things to help increase your chances of getting compensated if you are in an accident. First, document everything related to the accident. This includes taking pictures of the scene, gathering witness testimony, and recording your injuries. It is also essential to seek medical attention as soon as possible, even if you don’t think you were injured. This will help prove that your injuries were caused by an accident.
Criteria for Suing the Other Driver for Punitive Damages
The Michigan auto accident laws state that you can only sue the other driver if your injuries are serious. “Serious impairment of body function” is defined as an injury that prevents you from performing one or more major life activities or causes a permanent, severe disfigurement.
If your injuries do not meet these criteria, you will not be able to file a lawsuit against the other driver, even if they were at fault for the accident.
What to Do Immediately After the Accident
If you are involved in an accident, you should first seek medical attention, even if you don’t think you were injured. Once you have been seen by a doctor, document everything related to the accident. This includes taking pictures of the scene, gathering witness testimony, and recording your injuries. It is also essential to contact an experienced personal injury attorney as soon as possible to discuss your legal options and make sure you are taking the necessary steps to protect your rights.
Filing a Lawsuit Against the Other Driver
If you successfully file a lawsuit against the other driver, you may be awarded damages for your injuries. These damages can include medical expenses, lost wages, pain, suffering, etc.
If you consider filing a lawsuit after a car accident, it is essential to speak with an attorney. They will be able to tell you if you meet the criteria to sue the other driver and can help guide you through the process. Speaking with an attorney will also help you understand if you can get more damages than your insurance company offers.
Fran Murphy Law has extensive experience handling Michigan car accident and personal injury cases and can help you get the compensation you deserve. Contact Fran Murphy Law today for a free consultation.