Legal Question in Personal Injury in Michigan

Re: Michigan no-fault insurance and uninsured motorist

The people of Michigan have government by and for the insurance industry. They elected these people with the promises of getting government out of their life etc., but these people really only represent the special interests and not the people. We are all victimized but most of the people are too stupid to realize what they've done. Bill Stern 248-353-9400

Re: Michigan no-fault insurance and uninsured motorist

The system works like this:

First, you have your own no fault insurance which provides you with lifetime medical, and three years wage loss and substituted services benefits. If your health carrier is involved, it is because you chose a coordinated policy at a lower premium. My understanding is that where health insurance is substituting for no-fault benefits in this circumstance, they do not have a lien against any recovery, because a no fault carrier would not have a lien where you cannot sue the other driver for medical expenses.

This may be different in the uninsured motorist circumstance, as the uninsured driver is not protected by the no fault act. You may want to limit your uninsured claim to non-economic damages and not medical expenses.

If the other driver is truly uninsured, you have whatever uninsured motorist coverage you chose to purchase. Like coordinated coverage, this was a choice you made not knowing you would someday need it. Many drivers buy extra liability coverage but don't do the same for themselves by purchasing extra uninsured and underinsured motorist coverage.

Finally, if you injuries do disable you beyond what the no fault act covers, you can apply for social security disability benefits. They won't make you rich or even whole, but they pay the bills. You may also have disability insurance through work, or that you purchased.

Most importantly, you should consult an attorney in person, particularly to investigate whether the other driver is truly uninsured, as the circumstances may be such that some other person, or some other policy of insurance, may be responsible. You also could use first hand advise as to your sources of benefits.

To sum up, in my opinion the "system" in this circumstance did not fail you because the other driver apparently did not have 20,000 minimum coverage to protect you, as you should have at least that much in uninsured motorist coverage. The "system" also provides no fault and social security benefits as outlined above.

There is a bill pending before the Michigan legislature to increase the minimum 20,000/40,000 coverage, which in my opinion is woefully inadequate to cover most accidents.

This is where the "system" fails many injured drivers who don't purchase underinsured motorist coverage.

It is tragic that you were seriously injured in an accident, but accidents by their nature are unplanned, and the amount of coverage the at fault driver has is a matter of chance. Let your situation be a lesson to other readers to be proactive in buying enoungh protection for yourself in the form of uninured and underinsured motorists coverage, and disability insurance coverage to protect yourselves, because many of the most dangerous drivers have the least insurance, or no insurance at all, due to their bad driving records.

Please let me know if I can help you with your claims.