Legal Question in Traffic Law in Michigan

Automobile Accident

I was involved in an automobile accident about 4 days ago in which I was the passenger in the car. Another driver travelling the opposite direction was attempting to pass a car and because he was speeding and recklessly driving, he hit our car three different times. The accident was serious in nature and both vehicles were totaled. The driver and myself had injuries but didn't feel they were very serious. A few hours later we both were experiencing a lot of pain and went to the emergency room. My leg was injured and I have whiplash (back, neck, and so on).

My question is: Under Michigan law can I sue the driver's insurance company(Allstate) to pay for my medical bills, lost wages and pain and suffering?


Asked on 2/06/02, 7:34 pm

2 Answers from Attorneys

John C. Talpos Talpos & Arnold

Re: Automobile Accident

Hello, I have received a copy of your post regarding medical bills from an auto accident. Your own insurance company is responsible for your "economic damages" up to a certain point. #1) They are responsible for ALL of your reasonable medical or rehabilitation expenses, including travel for those services. #2) They are responsible for paying you 85% of your lost wages for up to 3 years. This amount is subject to a certain maximum every month. #3) They are responsible for reimbursing you for "replacement services" which are the expenses you pay to someone else for having to do the things that you are not able to do because of the accident.

Finally, if you have a "serious impairment of body function" you may be able to recover from the other driver for your "non-economic damages" such as pain and suffering as well as for "economic damages" that exceed the limits payable by your insurance company. This is an area of law that our firm concentrates in. Feel free to contact us for further information if you desire.

John C. Talpos (http://www.Mich-Lawyer.com)

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Answered on 2/07/02, 4:36 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Automobile Accident

Michigan is a no-fault state. Under the Michigan No-Fault statute, you would pursue a claim against your insurance company for economic damages. This is called a first-party claim. Economic damages are out-of-pocket expenses suffered because of the accident. Economic damages include (1) medical expenses, (2) mileage to and from the hospital, doctors, clinics, pharmacy, etc. (3) lost wages, and (4) replacement services. At this point I won't go into detail on each one.

To collect Non-economic damages you would pursue a claim against the at-fault driver and possibly a merchant, if they sold him alcohol while he was visibly intoxicate. Michigan No-Fault law has established a threshold that you as a plaintiff must show to collect Non-economic damages such as pain and suffering, loss of consortium, etc. This threshold (serious impairment) is difficult to prove. It is hard to evaluate your claims without talking to you further.

Please contact my office to set up a free initial consultation. You can call 24 hours at (800) LAW-6685. I look forward to talking to both of you. Best wishes!

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Answered on 2/06/02, 11:18 pm


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