Following a car accident, it is only natural that you want to obtain compensation for your medical expenses and other losses related to your injuries. However, several different laws and regulations may dictate your right to recovery and the process to obtaining compensation. The following are some examples of laws and regulations in Michigan that may be relevant to your car accident case.
No-fault insurance
In Michigan, the law1 mandates that auto insurance is no-fault, which means that your insurance company should cover your accident and injury-related expenses whether or not you were at fault in an accident. This also limits the circumstances under which you can file a legal claim in civil court against a negligent driver or party. Unlike many other states, Michigan does not give every injured car accident victim the right to file a lawsuit.
Rules of Civil Procedure and Court Rules
If you have sustained serious injuries and you do have the right to file a legal claim, you must do so in accordance with all of the Michigan Rules of Civil Procedure and the rules of the court in which you file your claim. These rules are many and can be complicated, so it is imperative to have an attorney representing you who understands how to comply with these rules.
Comparative fault
In a lawsuit, the opposing party may try to limit their liability by claiming that you acted negligently and that you were at least partially at fault in causing the accident. Michigan has a statute regarding “comparative fault,” which sets out the rights of an injured party that also contributed to the accident. If you were less than 50 percent responsible for the accident, you can still recover for your losses, though recovery will be reduced by your portion of fault. For example:
- Your losses totaled $100,000;
- The court found that you were 20 percent at fault for the accident and the other party was 80 percent at fault;
- You can recover $80,000, which is your losses minus 20 percent.
Because of this law, you should always discuss a possible legal claim with an attorney even if you were partially responsible for an accident.
Statute of limitations
The statute of limitations is the time limit in which you must file your personal injury claim following a car accident. In Michigan, this statute of limitations2 is three (3) years after the date of the accident and injury. If you miss this deadline, you will generally lose your right to recover.
These are only some of the laws and regulations that may be relevant in a car accident case. An experienced auto accident attorney at Michigan Injury Lawyers will be able to skillfully apply all of the necessary laws to your case so that you receive the most favorable result possible. If you have been injured in an accident, please call us today at 313-GET-HELP for a free consultation.
References:
1http://www.legislature.mi.gov/(S(rhuafxra0rlys0qqyysuvlo2))/mileg.aspx?page=LoadVirtualDoc&BookmarkID=6515
2http://www.legislature.mi.gov/(S(0snuatnmf3yy4ioequtowdv4))/mileg.aspx?page=GetObject&objectname=mcl-600-5805