How Can I Recover Damages After My Accident?

When a car accident occurs, you may be wondering who is going to pay for medical treatment, repair costs, and other expenses relating to the crash. In Michigan, you will recover damages from your insurer, and possibly from the driver responsible for your accident.

Michigan Is a No-Fault Insurance State

Under Michigan’s no-fault laws, all car owners must have at least a basic no-fault insurance policy. A basic no-fault policy will require your insurer to cover certain costs in the event of an accident, regardless of who was at fault for the accident. Some of these costs include:

• Medical expenses: Reasonably necessary medical expenses (up to the maximum coverage amount) and mileage for travel to medical appointments
• Wage loss: Up to 85 percent of income you would have earned if you were not injured for up to three years.
• Replacement services: Up to $20 per day for up to three years for household services you can no longer provide because of your injury.
• Damage to others’ property: Up to $1 million, only covers parked vehicles and other types of property.

Filing a Lawsuit Against an At-Fault Driver

While insurance may cover part of your damages, it may not cover everything, especially if you have been in a serious accident. That is why Michigan allows you to file a lawsuit against the at-fault driver for pain and suffering and excess medical and wage loss benefits, as long as you meet the “serious impairment of body function” threshold.

If you file a lawsuit against an at-fault driver, you will likely have to prove that the driver’s negligence caused your motor vehicle accident and injuries. An attorney can help you with your negligence claim so that you get the damages you deserve.