If an uninsured motorist crashes their car into yours and you suffer injuries during your accident, hold the at-fault driver accountable. To do so, partner with an attorney. That way, your Michigan car accident lawyer will help you get paid for your injuries.
White Law PLLC has a team of nationally recognized personal injury lawyers in place. Our Michigan car accident attorney works hard to get you the compensation you deserve. Contact us to learn more.
What You Need to Know About No-Fault Insurance Benefits in Michigan
Following a crash caused by an uninsured motorist, notify your auto insurance company. You are eligible for no-fault insurance benefits. This means you are covered financially by your insurance policy, even if the driver responsible for your crash was not.
Your auto insurance company makes sure that you are financially covered for the costs relating to your car damage, medical bills, and other quantifiable losses. This coverage is available up to the extent of your policy. If your accident losses exceed your policy’s coverage amount, it is in your best interests to sue the at-fault motorist for compensation.
In addition, it is important to note that an auto insurer will not provide you with compensation for pain, suffering, and other non-economic damages that you suffer. There are other economic damages that extend beyond those covered by your insurance company, too. Thus, if you get hit by an uninsured driver, meet with a car accident lawyer in Michigan, so you can file a lawsuit to get compensation that fully covers your losses.
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How to Get No-Fault Benefits in Michigan
You have the right to collect no-fault benefits regardless of whether you or an uninsured driver caused your accident. You are able to do so through your own insurance policy, a spouse’s or family member’s coverage, or the Michigan Assigned Claims Plan (MACP). These benefits are available as soon as you get into an auto accident and suffer an injury.
If you have uninsured motorist (UM) coverage, you may be able to file a claim for non-economic damages relating to your crash. UM coverage typically ranges from $500,000 to $1 million. If you do not have this coverage, your auto insurer will not cover your non-economic damages.
Of course, no-fault benefits will not always give you enough money to completely cover your accident losses. At this point, a car accident attorney in Michigan can help you out. A lawyer can file a claim against an uninsured motorist in accordance with Michigan Compiled Laws §600.5805, which gives you up to three years to file a personal injury claim.
What to Do If You Get Hurt in an Accident Caused by an Uninsured Motorist
You have no idea that a motorist who caused your accident does not have insurance until after the incident happens. How you act in the immediate moments following your crash is key. Here are tips to help you respond to your crash with an uninsured motorist and protect your best interests throughout the incident.
Call 911
Just because a motorist does not have insurance does not mean that you are out of luck in terms of coverage for your crash injuries. Contact 911 to report the collision, and medical professionals and police officers will come to the scene. Medical personnel will treat any injuries that you have suffered, and police officers will gather information that they can use for an accident report.
Get the Driver’s Contact Information
Ask the driver for their first and last name and driver’s license information and write down their license plate number and car’s make and model. If anyone saw your crash, get their contact information. Whoever witnessed your crash can provide a statement or serve as a witness if you file a lawsuit for personal injury damages.
Take Photos and Videos
Use your smartphone to capture photos and videos from the crash scene. You will not get another chance to take photos and videos of your injuries and car damage at the scene. Make the most of this opportunity by getting as many photos and videos of the scene as you can.
Get Medical Care
If an emergency responder says you should go to the emergency room, follow their instructions. There is no reason to try to “tough it out” after your auto accident. If you do and are dealing with a traumatic brain injury (TBI) or any other serious injuries, you are putting your health at risk.
Do Not Accept Blame for the Collision
An uninsured motorist may push you to accept some or all responsibility for the crash. Do not make any statements that indicate you may even be partly responsible. Because anything that you say about your crash can be used against you.
Hire a Lawyer
Schedule a meeting with a lawyer who specializes in car accident lawsuits. The attorney will answer frequently asked questions and many others about auto crash cases. They will represent you if you decide to move forward with a personal injury lawsuit.
Along with these things, you should still notify your insurance company and request no-fault benefits after your accident. This allows your insurer to start processing your claim. Keep in mind that there is no guarantee that your claim will be successful or you will receive the full amount of the damages for your injuries.
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How Comparative Fault Applies to an Accident with an Uninsured Motorist
If a motorist does not have insurance but causes an accident that leaves you with injuries, they will likely do whatever they can to avoid having to pay you damages. One of the most common tactics used by uninsured motorists is trying to get the other driver to accept responsibility. If you make a statement in which you say you are partially accountable, the at-fault motorist will use this to their advantage.
Per Michigan Compiled Laws §600.2959, comparative fault applies to auto crashes. If the defendant in your car accident lawsuit is found to be less than 51% responsible for your crash, they do not have to pay you any compensation. Or, if the defendant is deemed to be primarily responsible but you are also found to be partly at fault, your damages will be reduced by your percentage of fault.
Rather than leave your case against an uninsured motorist to chance, get legal help. White Law PLLC will put you in touch with an experienced auto crash lawyer right away. To schedule a free consultation, contact us today.
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