Legal Question in Personal Injury in Michigan
Injury auto accident - hit and run
My wife was recently in a hit and run auto accident, she was hit from behind. Somehow she managed to get a description of the vehicle, license plate number and driver description. There is more to the story, in 2002 she had a slip and fall injury at a commercial business which was the cause of a hernated disc in her neck, she tried everything to avoid surgery but eventually had no choice. She had surgery in April of 2006. She was about 6 mo's into recovery and having more good days than bad. The accident has now set her back 5mo's, pain and numbness in both arms and pyhsical therapy 3 times a weeks for at least the next 3 mo's. The police have caught the other driver but he is dening that he was anywhere near there, although she has identified him. Since she was taken away in an ambulance, it is my understanding that this a considered an injury accident, what recourse if any do we have. The first injury resulted in an out of court settlement, knowing this, do we have any recourse to go after the other driver in a civil court for a past injury? Thank you in advance for your advice.
2 Answers from Attorneys
Re: Injury auto accident - hit and run
Yes, you do have an injury claim against the other driver. If for some reason it is determined he was not the one responsible, or if he has no insurance, then you would instead have an uninsured motorist claim under your own insurance policy. Either way, you definately have a claim for damages.
However, because Michigan is a No Fault state, your wife can only recover for her noneconomic damages (i.e., pain and suffering) if she sustained a very serious injury. She is entitled to her lost wages and her unpaid medical bills from her own insurance company regardless.
It is important that you work with an attorney experienced in Michigan No Fault law to assist you. It is very difficult to convince insurance companies that you have a serious enough injury to warrant a settlement, and having a good attorney on your side makes all the difference. If you would like, two of my partners handle these types of claim and have decades of experience in this area. Feel free to e-mail at [email protected]. . . .
Re: Injury auto accident - hit and run
This will be a slugout. Not only will the other driver deny involvement, but the insurer will contend that her life was not effected by the second collision because she was suffering from the effects of the first incident. You will have the burden of proof to show that the trajectory of your wife's life has changed due to the injuries received in this second collision. Normally, such cases are much more difficult than when the injury in the collision is the sole cause of an injury, rather than aggravating an old injury. William S. Stern
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