Car accidents can be stressful, especially when you didn’t cause the collision. It’s critical to know how car insurance works to protect your rights. Michigan’s no-fault insurance system can make the claims process confusing initially, but once you familiarize yourself with it, you can feel assured that you can get your injuries and losses covered.
Familiarizing Yourself with Michigan’s No-Fault Insurance System
Under Michigan’s no-fault insurance system, each driver’s own insurance pays for their medical expenses, lost wages, and specific out-of-pocket costs, regardless of who caused the accident. These benefits come from their Personal Injury Protection (PIP) coverage. Even if another driver hits you, your own PIP insurance will cover your immediate needs related to medical costs and lost wages.
Understanding A Mini-Tort Claim
Michigan law contains a mini-tort provision that allows you to recover up to $3,000 from the at-fault party to pay for your deductible on damage to your vehicle. To file a mini tort claim, you will need a police report, an estimate of the vehicle damage, and the details of the at-fault driver’s insurance policy. Michigan insurance policies are not required to cover mini-tort claims. They may be covered by an optional policy called “limited property damage liability.”
How to File a Claim in Michigan
Whether you’re filing a claim with your own insurance company for medical expenses or pursuing a mini-tort claim for property damage against the at-fault driver, here’s what you need to do:
- Report the Accident – Call the police to report the incident, even if it appears to be minor. A police report will serve as critical evidence when filing your claim.
- Seek Medical Attention – Receive medical care right away, even if the injuries appear minor. It’s crucial to document all injuries, as some conditions may worsen over time. This documentation will also support a PIP claim for medical expenses.
- Notify Your Insurance Company – Contact your insurance company as soon as possible to report the accident and provide your insurer with important details such as your policy number and brief accident details. Failure to report the accident promptly could result in the delay or denial of your benefits.
- Consult an Attorney – If you experience difficulties, such as disputed fault, call a Michigan car accident lawyer. They can help protect your rights and negotiate with the insurer on your behalf.
Be aware that there are strict deadlines in place on legal actions in Michigan. You should open a claim as soon as possible to avoid being time-barred from receiving the compensation you deserve.
What If the At-Fault Driver Doesn’t Have Insurance?
Unfortunately, not all drivers carry auto insurance. If the at-fault driver lacks coverage, you may need to rely on your Uninsured Motorist Coverage (UM) if it’s included in your policy. UM coverage helps cover medical expenses when an uninsured driver cannot cover them. Without this coverage, seeking compensation to cover your losses may require filing a lawsuit against the at-fault driver directly, which can be time-consuming. Additionally, if they cannot afford auto insurance, it’s unlikely that they will have sufficient assets to pay for your accident-related losses.
Contact a Car Accident Attorney Serving Michigan
The claims process can be confusing, leaving more questions than answers. The car accident attorneys at Atnip & Associates, PLLC, can assist with your auto claim. We can answer questions and address your legal concerns. You won’t have to worry about a thing when we take on your case.
Call our office today for your free consultation.