Regarding auto accidents in Michigan, liability is a tad different than other states. Accidents are characterized by complex laws that end up affecting the compensation of the victims drastically. It is almost next to impossible to correctly predict the final result of a suit involving auto accidents in Michigan. There is a No Fault law in Michigan which has proven to be very different from other types of laws in the country. There are a couple of myths that do the rounds as concerns auto accidents in Michigan which includes both trucks and cars. These myths are outlined below:
Myth 1: Michigan's No Fault law is the same as other laws governing autos in other states.
Details concerning Michigan's No Fault law and who pays for in auto accidents what are somewhat confusing. The Michigan Supreme court has in the recent past made some rulings which have made its No Fault law different from those of other states. No Fault at its simplest means: Regardless of whose fault it was, the victim of an auto accident is at liberty to access certain benefits. A good example of this is where your own car insurance firm pays for any economic loss as a result of injuries due to an auto accident not matter which driver was at fault. Economic loss in this regard includes lost wages and medical bills.
Should the injuries be of less serious degree, then the negligent driver and by extension his insurance company will not be held responsible for any damages or injuries caused except for the initial $500 as stipulated in the Michigan Mini tort law. The person causing the accident and therefore his/her insurance company is only responsible for non economic loss, excess economic shortfall over the maximum statutory of a month and economic loss after the initial three years of lost wages as a result of no fault.
Myth 2: That you can receive suffering and pain damages by the simple fact that you are in pain.
There is a threshold test that victims of auto accidents in Michigan are legislated to undergo before they can get access to non economic damages (pain and suffering). It is therefore clear that being in pain does not necessarily mean that you can receive compensation outside of your limited economic damages e.g. lost wages and medical bills. To qualify for additional damages that are non economic, the concerned party has to have any of these three injury types.
Â· Disfigurement that can be said to be permanent. This includes scarring, burning, loss of a body part or any injury that changes one's general psyche.
Â· Serious bodily impairment of vital functions defined as an injury or injuries that lead to the victim not being able to lead his/her normal life. This is still subject to various interpretations as it varies from case to case.
It is important to have excellent legal advice from the word go if you are a victim of an auto accident in Michigan. This will protect you against the loss of your medical benefits, legal rights and opportunity to receive the best reparation for suffering and pain.