Filing a claim with the insurance company is one of the most common ways to seek compensation after being involved in a collision. Most drivers and liable parties will be insured, but that does not necessarily mean the insurance company will be willing to compensate you as required based on the policy terms. In fact, many insurers have been found to engage in unscrupulous and bad-faith insurance tactics meant to reduce claimant’s payouts or deny claims altogether.
Fortunately, just because the insurance company will not pay does not mean you are without legal options. Your dedicated Okemos car accident lawyer with White Law PLLC can help you hold the insurance company accountable and explore alternative opportunities, such as filing a personal injury lawsuit against the liable party. Here is more about what to expect if the at-fault driver’s insurance is refusing to pay and how you can recover maximum compensation for your damages.
How Michigan Auto Insurance Laws Work
All motorists in the state of Michigan are required to carry auto insurance coverage. Drivers who fail to carry sufficient auto insurance coverage could face citations and may find it difficult to recover maximum compensation for their losses. Michigan auto insurance requirements are as follows:
- $50,000 per person in bodily injury liability coverage
- $100,00 per accident in bodily injury liability coverage
- $1,000,000 per accident in property protection insurance (PPI)
- $10,000 per accident in property damage liability coverage
Motorists are also required to carry personal injury protection (PIP) coverage but can choose the amount of coverage they carry. PIP limits start at $0 and can be unlimited. Understanding how much coverage you have purchased and what your insurance covers is crucial when you have been injured in a motor vehicle wreck.
Michigan Is Technically a No-Fault State
Every state has laws in place that describe how car insurance claims should be handled. Michigan is a no-fault insurance state by requiring motorists to purchase no-fault insurance coverage (PIP), which covers damages no matter who is responsible for causing the accident. This means you will file a claim with your own auto insurance provider when you begin the car accident claims process.
What Happens When You Do Not Have Personal Injury Protection Coverage
If you make the decision to carry $0 in personal injury protection coverage, it could have a significant impact on the outcome of your case. If you do not have PIP coverage, your insurance company will be under no obligation to compensate you for specific types of damages. This is because the bodily injury and property damage coverage does not cover you without regard to liability for the accident.
Your Fight Is Our Fight
The At-Fault Driver May Not Be Willing to Pay
While you may be dealing with your personal insurance provider after a car accident, that does not mean the liable party should be able to get away with their negligence. Your insurance settlement is unlikely to be enough to cover your damages in full, and any remaining losses should be covered by the individual or entity responsible for causing your injuries and damages. However, liable parties are not known for being willing to take responsibility for their actions without being compelled to do so in a court of law.
At-fault drivers may have been driving uninsured, under the influence of drugs or alcohol, driving distracted or fatigued, or driving with a suspended license, for example. When the insurance company does not cover the entirety of your medical expenses, your emotional trauma, or the vast financial losses related to the collision, the liable party can be ordered to repay you for every loss if your personal injury lawsuit is successful. Getting a judgment may be necessary if they refuse to settle with you outside of court.
Your car accident attorney will need to gather valuable supporting evidence to prove fault and negligence before a judge and jury. The burden of proof is based on a preponderance of the evidence, so you can expect an intensive investigation once we start working on your case. Between your insurance claim and civil lawsuit, you have multiple opportunities to get the most out of your claim.
Recover Maximum Compensation for Your Damages After a Car Accident
Your car accident lawyer will be ready to negotiate with the liable party’s insurer and your personal auto insurer to compel them to settle your claim fairly. If we discover they are handling your claim in bad faith, we are not afraid to challenge their denials and take additional legal action where necessary. Usually, your lawyer intervening and handling communications with the insurer is enough for the insurance company to take your claim fairly.
But that does not mean insurance is going to compensate you for every loss. This is a common misconception, but insurance only provides compensation for specific covered losses as outlined in the policyholder’s policy. You might be able to get a portion of your medical expenses covered or obtain a settlement to cover a portion of your vehicle repairs, but this does not include any non-economic damages or the other ways your life may have been turned upside down by the accident.
At trial, you could be made whole. Pain and suffering, auto insurance premium increases, diminished quality of life, and many other types of compensatory damages may only be recovered through your car accident lawsuit. You can find out more about how your case might unfold after discussing the specifics of your claim with your legal advocate at White Law PLLC.
We know how to get our clients the results they need in the toughest legal arenas.
Get Help from Michigan’s Leading Car Accident Law Firm Today
It is not at all uncommon for at-fault parties and insurance companies to go to extraordinary lengths to avoid their financial obligations. Sometimes, getting a highly experienced car accident attorney involved is the best way to demand the compensation that is rightfully yours. Are you ready to stand up for your rights and explore every opportunity for justice?
If so, connect with a dedicated personal injury lawyer at White Law PLLC to get started on your claims. Schedule your free, no-obligation consultation ASAP. Fill out our quick contact form or call us to take action as soon as today.
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