Cars are a huge part of Detroit’s history. Unfortunately, that does not prevent local motorists from getting into auto accidents. Depending on the seriousness of the crash, injuries can be catastrophic.

Michigan Auto Law

Michigan is one of a handful of “no-fault” car insurance states, meaning that your insurance company is supposed to compensate you for medical bills, lost wages, or other out-of-pocket costs, regardless of who was at fault for the collision. Personal Injury Protection (PIP) first-party benefits cover you and any passengers in your vehicle (unless they have their own coverage). Determining which insurance company is responsible for paying the benefits can be tricky. Sometimes, you can recover pain and suffering damages from the at-fault driver through his or her insurance (third-party benefits) or your own insurance company if you have uninsured or underinsured motorist coverage.

Under Michigan’s statute of limitations, an injured person has three years from the date of the accident to file a lawsuit related to the crash against the at-fault driver. The statute of limitations for an underinsured or uninsured motorist claim may be less depending on the terms of your policy. To recover pain and suffering damages caused by the negligent actions of another driver from the other driver or under your uninsured or underinsured benefits, you must prove the accident caused death, permanent serious disfigurement, or serious impairment of body function.

Getting Fair Compensation

Michigan’s no-fault insurance laws are complicated, more so after the introduction of specific statutory changes enacted in 2019 and many of which go into effect this year. On top of that, insurance companies are notoriously unfair and difficult. The company can dispute or deny claims, and they have a vested interest in doing so to protect their bottom line.

Do not risk going it alone. You need an attorney familiar with the tactics insurance companies use to avoid paying and how to overcome them. Statistics show that people who go up against huge insurance companies in court without a lawyer often have smaller payouts.

Insurance companies do not care about what it will take for you to heal from your accident and get your life back, but the team at Sommers Schwartz does.

Steps to Take After a Car Accident

Michigan law requires drivers in Detroit and elsewhere to follow specific procedures following a motor vehicle accident:

1. IMMEDIATELY STOP AFTER THE CAR ACCIDENT
Auto accidents happen in a split second. Vehicles collide even when drivers try their best to avoid it. Whether you have a minor fender bender or a major crash with injuries, you and the other driver(s) must immediately stop and stay at the scene of the accident. Leaving the scene may result in having your license suspended, paying fines, or even serving time in jail.

2. MOVE YOUR VEHICLE TO THE SIDE OF THE ROAD, IF POSSIBLE
After a car accident, the vehicles involved may block the road, which could prevent other cars from safely passing by. If you can, move your vehicle to the side of the road or out of the way of other vehicles. This will also help to prevent other cars from hitting your vehicle and causing additional damage and injuries.

While most car crashes are unintentional, sometimes the other driver(s) may have bad intentions for causing the collision. If you feel you were hit intentionally due to road rage or to get you alone to harm you, pull your vehicle into a safe area.

3. CALL 911
When you are in a car accident, emotions can run high. You or the other driver(s) may be frantic, panicked, and angry about the accident, especially if you have vehicle damage or bodily injuries. Call 911 to have a police officer come to the scene of the crash even if the damage is minor. The officer can assess the damage, take the statement of the drivers, passengers, and any witnesses to write an accident report. Should tempers rise between you and the other driver(s), the officer will serve as an impartial third-party who can intervene and control the situation.

4. EXCHANGE CONTACT AND INSURANCE INFORMATION WITH THE OTHER DRIVER(S)
Make sure to swap contact and insurance information with the other driver(s). This information is necessary to submit to your insurance provider, and you may need it if you have to go to court as a plaintiff or defendant. The information you should share includes: Exchange the following information with the other driver(s):

• Names, addresses, and phone numbers of all parties involved
• Insurance providers and policy numbers
• Driver’s license numbers
• License plate numbers
• Make, model, and color of each vehicle

5. DOCUMENT THE ACCIDENT
It may be difficult to remember everything that takes place when you are in a car crash. Days and weeks later, your memory will not be as clear as the day of the accident, so it is essential to document the details of the accident thoroughly while you still are at the scene and soon after you leave. Take photos of all vehicles involved in the collision, especially visible damage to the body of the car. Photograph the area around the accident and nearby road signs that may help support your case. Write down the date, time, and location of the accident, and obtain the names and contact information of any witnesses –you may need their statements for an insurance claim or lawsuit.Note the name and badge number of the officer who arrives on the scene and writes the accident report. Later, obtain a copy of the police report for your records.

6. FILE AN ACCIDENT REPORT AND NOTIFY YOUR INSURANCE COMPANY
Michigan law does not require you to file an accident report unless you are in a serious car accident. The report may contain information that will help you with an insurance claim and may state which person is at fault for the crash or what caused the collision.

7. CALL A LAWYER
You may need to call a lawyer after you are in a car accident. If you are at fault for the accident, an attorney can help you understand your obligations and responsibilities for resolving the case. If you are the victim of the car accident, a lawyer can explain the rights and remedies available to you.

Where another driver is at fault but has inadequate car insurance, you may have to sue to recover any property or medical damages you incur. Lawsuits can be complicated and require time, patience, and legal knowledge you may not have. An attorney can handle the case for you.

Experienced Michigan Car Accident Attorneys

The last thing you need as you heal from a motor vehicle accident is more stress. The attorneys at Sommers Schwartz are ready to fight for what you deserve. In the last 40 years, we have helped our clients recover sums of money in the courtroom and through out-of-court settlements.

Contact us today for a free consultation. The phone call is free, and because we work on a contingency fee basis, there’s no fee until we win.