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How is liability determined in a motor vehicle accident?

On Behalf of | Sep 14, 2021 | Motor Vehicle Accidents

Every Michigan driver must have “no-fault insurance” coverage in order to legally drive in the state. This type of insurance typically covers the necessary medical expenses of those injured in an automobile accident, no matter who was at fault for the crash. However, depending on the type of coverage a driver has, no-fault insurance does not always cover damage to the injured person’s car, nor does it provide compensation for the pain and suffering resulting from their injuries. You may be able to make the driver who was at fault compensate you for the things that the no-fault system does not cover by proving in a claim or lawsuit that their negligence caused the crash.

Michigan no-fault insurance

A basic no-fault policy in Michigan pays for your medical expenses, wage loss benefits, replacement services, and the damage you cause to other people’s property. Some policies do not cover medical expenses, and those must be covered by medical insurance. Sometimes this coverage is not enough to compensate you if you are seriously injured, disfigured, or lose a loved in a crash. If this scenario describes your situation, you may be able to make the other driver pay if you prove in a claim or lawsuit that their negligence was a cause of the accident.

Negligence and compensation

Negligent acts while driving include speeding, running a red light, driving while intoxicated, and many other prohibited acts. If the other driver was negligent or careless, you may be able to sue them for compensation for everything the no-fault insurance does not cover. If you can prove the driver was negligent, you may also be able to get a maximum of $1000 for the repair or your car, as well as unlimited compensation for your physical and emotional pain and suffering.

Comparative negligence

Keep in mind that Michigan is a comparative negligence state. Comparative negligence means that if you were partially to blame for the accident, the amount of your recovery will be reduced according to the percentage of your fault. If you were more than 50% at fault for the accident, you will not be able to recover.

Getting compensation

If you believe your claim qualifies for compensation, contact us for a free consultation.

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