Michigan Car Accident Lawyer
Michigan car accident lawyers at the law firm of Elia & Ponto have helped victims of Michigan auto accidents, Michigan truck accidents, and Michigan motorcycle accidents for years. The term Personal Injury refers to Injury of body and/or emotional distress caused due to the negligence of a third party. However, it excludes damage to property. So, if you’ve been the unfateful victim, a Michigan accident lawyer at our firm is just a call away and can also help you with Michigan no-fault benefits. An accident attorney at our firm can also help you file Michigan accident damage claims.
‘Accidents’ include car accidents, semi-truck accidents, motorcycle collisions, bicycle crashes, and pedestrian accidents. In a wider context, the phrase ‘Personal injury’ encapsulates Railroad accidents, Boating accidents, Animal attacks, Dog Bites, Premises Liability, and Apartment complex Slip and Fall. For more details, please speak with a Michigan Accident lawyer at our firm right away.
FAQ’s about Michigan Car Accident Law
Michigan Residents hit by a car, truck, motorcycle, or any motor vehicle can file a claim for Michigan no-fault Benefits. An exception to this general rule is when you operate your vehicle without insurance. As a matter of fact, even Pedestrians and bicyclists can file a claim Michigan no-fault benefits.
These benefits include; medical cost coverage, payment of lost wages, payment for household replacement services, attendant care, and medical mileage reimbursement. A Michigan No-Fault accident lawyer is always available at Elia & Ponto, to help you better understand these benefits. Most importantly, we take a keen interest in educating you about it, at no cost to you. To know more, speak with one of our Michigan No-Fault auto accident lawyer today!
For Michigan residents to get Michigan No-Fault Benefits after a car accident, you must fill out a written Application for Benefits to the best of your abilities.
Once you finish your Michigan No-fault benefits application, you must submit it to the correct insurance company. You only have one year from the date of the accident to do this. You will have one year to make a Michigan No-fault benefits claim.
In Michigan, the law excludes motorcycles from no-fault insurance; the exception occurs when the motorcycle is involved in a vehicle accident or under certain circumstances. This may seem confusing but a Detroit car accident lawyer at Elia & Ponto can help make this simpler for you.
Evidence of benefits must be sent to the insurance company. If you do not do this, you will not be able to get these benefits. Michigan No-Fault auto law can be very confusing, a Michigan accident lawyer at Elia & Ponto can help you today!
Michigan No-Fault auto Law permits a person to receive all allowable expenses. In Michigan, this is defined as “Allowable expenses consisting of all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation.” More information on this law can be found here.
In Michigan, the law allows benefits of lost work to be payable to an injured person for three years following an accident. They should take care of 85% of the gross lost pay of an injured person. This can be tricky to understand, speak with a lawyer at our firm today. Our Michigan auto accident attorneys are dedicated to providing you with cutting-edge legal advice.
In Michigan, a person is allowed to receive $20.00 per day in household replacement care. The goal behind this law is to reimburse people who are taking care of you of around the home; with chores such as cleaning, cooking, and doing laundry. A medical physician must report that you need this type of care as a result of the injuries incurred.
In Michigan, expenses that are incurred for the purpose of transportation to and from obtaining medical treatment is considered a benefit that can be recovered. Therefore Please keep a record of your total mileage and expenses incurred; If you are traveling to and from medical treatment for injuries that were sustained from your auto accident.
That way you can be reimbursed for the total mileage you incurred for your medical treatments. For questions or concerns regarded this area, feel free to contact us.
Here at the Elia & Ponto Law firm, we understand that auto accidents can result in the most unfortunate event of all, the loss of life of a loved one. We take these cases extremely serious.
Under the circumstance of the death of a victim of a Michigan auto accident; no-fault benefits can be paid to the living dependents. Michigan No-fault Benefits for the death of a loved one include lost wages, replacement services, funeral cost coverage, and payment of medical bills.
In Michigan, this claim is due for the injuries that an auto accident victim suffers after being involved in an accident. Third party claims are typically hard claims to win in Michigan. This is due to the fact that victims often fail to pass the threshold of injury. A Michigan auto accident lawyer at Elia & Ponto certainly help you file this claim.
Understanding this, if a Michigan car accident victim finally goes through with filing this claim, they will be compensated for reimbursement for scarring, disfigurement, and pain & suffering if they win.
An Elia & Ponto accident lawyer will help anyone who has been injured in an auto accident file this claim. Our attorneys will give you nothing less than the absolute best legal advice. We will do our best to ensure that all injuries including the death of a loved one; should be compensated.
An Elia & Ponto a Michigan car accident attorney can help you file a Michigan No-fault insurance auto accident claim. In a Michigan No-fault insurance claim, a victim will be able to get compensation for expenses.
No-fault insurance claims in Michigan will cover expenses regarding; medical, transportation and any necessary changes made in your home due to the injuries you incurred.
A Michigan auto accident property damage claim will allow you or a loved one to be compensated for any damage caused to your vehicle as well as any property that was damaged during the motor vehicle accident.
A Michigan car accident lawyer at Elia & Ponto will help you in determining additional coverage, which is usually advised for collision. This is due to the fact that the form of coverage will determine the type of recovery. We can file this claim for you and help you during the process.
A Michigan Uninsured Car accident claim is filed when you or a loved one is injured as a result of the negligence of another vehicle operator who does not have insurance coverage. A Michigan car accident lawyer at our firm can help you file this claim.
In Michigan, it is estimated that 20% of motor vehicle operators do not have car insurance. In areas like Flint and Detroit, the figure is even higher. This is mainly due to the expensive cost associated with Michigan auto insurance.
The reason for the price of auto insurance in Michigan being so high; compared to the national average varies greatly and causes a lot of debate. There is a 1 in 5 chance that if you were injured in a Michigan car accident; one of the motor vehicle operators involved in the accident is uninsured.
In Michigan, failure to have auto insurance coverage will have a plethora of negative consequences. One of these consequences is that if you are the owner of a motor vehicle that is not insured; and are involved in an auto accident, you will not be able to file a claim for Michigan no-fault benefits; or sue the at-fault driver for you or a loved one’s pain and suffering. With this being said, you will not be able to file any claim for compensation related to the accident.
If you are injured in a car accident and do have insurance; but the operator of the other vehicle lacks insurance coverage or are a passenger; You are still able to file a claim for pain and suffering compensation by filing a Michigan uninsured motorist claim.
For Michigan residents, Michigan uninsured motorist insurance is coverage any motor vehicle owner can purchase from their auto insurance company. Essentially, your insurance company will compensate you for non-economic damages. These forms of damages can include pain & suffering, emotional distress, and loss of consortium.
These benefits are for a victim that was injured from the carelessness of an uninsured driver or uninsured motor vehicle. Michigan Uninsured motorist coverage is not a mandatory form of coverage under Michigan law. Basically, a policyholder must elect to purchase form of coverage while they are in the process of getting car insurance.
For Michigan Residents, the minimum amount of uninsured motorist coverage is roughly $20,000/$40,000. This means that $20,000 is available per person or $40,000 for the entire car accident. The uninsured motorist benefit coverage amounts can go up from there. Many people even opt up to purchase $500,000 or even $1,000,000 in Michigan uninsured motorist benefit coverage.
Michigan Uninsured motorist coverage is typically inexpensive. For this reason, it is suggested to get this coverage to be on the safe side.
For Michigan residents, filing an uninsured motorist claim is very easy. After a motor vehicle accident occurs, if you are named on the insurance policy; a victim can get in touch with their car insurance provider; and notify them that you were injured in a car accident and would like to file an uninsured motorist claim.
Michigan uninsured motorist claims can be pursued by people who are not named on the insurance policy or policyholders. Insurance policies will usually cover uninsured motorist benefits for any person injured; while being in a motor vehicle at the time of a Michigan car accident.
You can make an uninsured motorist claim if you are injured in a car accident with an uninsured driver. This claim can be filed with the auto insurance company for the car you were in during the crash.
Uninsured motorist benefit claims stem directly from the insurance contract you have with your auto insurance provider. With this being said, the insurance policy you have will dictate the terms of the application for uninsured motorist benefits.
There are many provisions for notice, obligations, and duties the uninsured motorist claimant; will need to follow in order to pursue an uninsured motorist benefits claim. For those filing a claim, provisions must be followed to the best of your abilities in order to see success. Otherwise, you will be forfeiting your right to get Michigan uninsured motorist benefits.
One scenario of this is that many auto insurance policies; will require that a police report is created within 24 hours of a hit-and-run accident. If you do not do this, you will not be able to file a Michigan uninsured motorist benefits claim. Most insurance companies will require a person to file a claim for uninsured motorist benefits within 30 days. If you or your loved one does not do this, this alone can prevent them from filing a claim.
A critical aspect about these claims is that only people who are not at fault for an accident; can file a claim for uninsured motorist benefits in Michigan. That means that if you are more than 50% at fault for the car accident you were involved in; you will not be able to file a claim for Michigan uninsured motorist benefits.
Michigan uninsured motorist benefits can be a valuable option to get compensation after being injured in a motor vehicle accident. It may be a good idea to speak with your car insurance agent; about the idea of adding uninsured motorist coverage to your policy. Also, please be sure that the coverage you are adding is sufficient; in case you or any person operating your vehicle is injured.
If you are having trouble with any of this information; a Michigan accident lawyer at our firm can help guide you; our Michigan auto accident lawyers are dedicated to providing you with only the best information possible.
In short, yes. Under Michigan law, medical coverage for a no-fault related accident continues for the rest of your life; or for as long as you may need treatment. However, it is essential to be aware of complications that may arise related to medical expense coverage. If you are facing complications, contact a Michigan car accident lawyer.
In order to have your medical bills reimbursed, the expenses in question must meet certain criteria. This means that a medical bill must be:
- Reasonable in cost
- Reasonable in necessity
- For a procedure or appointment that has already happened.
Michigan state law does not necessitate guaranteed pre-payment for medical bills related to no-fault accidents. From time to time, insurance companies try to avoid paying out for these types of medical expenses; by disputing bill amounts or questioning whether or not a patient; genuinely needs a medical procedure ordered by his or her doctor.
No-fault auto insurance providers in the state of Michigan offer two types of medical coverage. These consist of uncoordinated benefits and coordinated benefits. An uncoordinated policy will pay out benefits even if the beneficiary has an outside health insurance policy. Conversely, a coordinated policy functions as secondary insurance by requiring that the beneficiary’s health insurance pays first. The beneficiary’s auto insurance policy then pays the amounts not covered by his or her primary health insurance policy.
You can discern whether you have coordinated or uncoordinated benefits by reviewing your auto insurance policy. A common issue faced by a beneficiary occurs when his or her auto insurance policy; and health insurance policy contradict each other about which is obligated to pay the policy holder’s medical bills first. If you are experiencing issues related to this contradiction, or you have questions; contact a lawyer at our firm today.
If you are in an auto accident, Michigan’s no-fault law requires that your own auto insurance company payout to cover the majority of the expenses. Under Michigan law, there is an established order in which insurance companies are responsible for paying out benefits. This is known as the “order of priority” and is as follows:
- Your own insurance policy
- Insurance of a relative such as a spouse, sibling, or parent, who is a resident of the state of Michigan
- Provider of insurance to the owner of the vehicle you were driving
- The insurance company of the driver of the vehicle in which you were a passenger
- The State of Michigan Assigned Claims Facility
The Michigan Assigned Claims Facility is a state agency that has the power to assign an insurance company to someone who has been injured in a motor accident, and who is not eligible for any other form of no-fault insurance coverage.
This insurance company will then provide benefits to the injured person. You can apply for these benefits by contacting the Assigned Claims Facility. Call them at (517) 322-1875 or; speak with a No-Fault Michigan accident lawyer at our firm.
Michigan law requires that a vehicle owner have a no-fault insurance policy in order to register his or her vehicle. If a person is injured in an auto accident, payments will be made from that person’s own insurance company.
These payments will cover any collision damage, medical treatments, or wage loss resulting from the accident. While multiple states have no-fault auto insurance laws; Michigan’s law is the only one to offer unlimited benefits for medical and rehabilitation costs. A Michigan car accident lawyer can help you better understand these concepts with a consultation. Other states have a financial cap on these types of benefits.
The no-fault law in Michigan entitles an insured person to:
- Personal injury protection (PIP) coverage
- Residual bodily injury coverage
- Property protection insurance.
If you were in an accident caused by a drunk driver, then you may be eligible to file a “Dramshop” claim. A “Dramshop” claim is a lawsuit against a bar, liquor store, or other establishment which has illegally sold alcohol to someone who then caused an accident as a result. An alcohol sale is considered illegal when it is sold to:
- A minor (someone under the age of 21)
- An adult who is already visibly intoxicated.
The state of Michigan requires that a claim of this nature certainly be made within 120 days of retaining an attorney. The claim is made by the accident victim against the establishment that allegedly illegally sold the alcohol in question. If your accident involved a driver who was drunk, contact our office immediately.
Uninsured motorist coverage is an insurance option that you can purchase, which will pay out any needed benefits if you are in an auto accident with someone who did not have insurance coverage, or if the driver left the scene of the accident and could not be identified. All drivers should strongly carry uninsured coverage for this reason.
Underinsured motorist insurance can be purchased to provide coverage in the event that you are in a motor accident and the other party’s insurance does not provide sufficient benefits to cover your medical needs. This is typically needed when a car accident results in a very serious injury.
If you have a claim involving uninsured or underinsured coverage, you may wish to consult with an attorney. Cases of this nature must be handled in an appropriate and careful nature, as they can be complicated. Not only that but settling your case too quickly; could cause you to forfeit your right to additional coverage; thus preventing you from getting financial coverage for the medical benefits you need.
A Michigan No-Fault car accident lawyer can help you file a Michigan car accident claim, understand Michigan car accident claim time limits, and most of all help you receive compensation if you or a loved one was injured or worst of all, killed in a motor vehicle accident.
Regardless of how difficult you think your case will be to win; we are ready to help you. Here at Elia & Ponto, we treat each and every client like family and fight hard for your rights.
Meet Our Michigan Auto Accident Attorneys
At Elia & Ponto your case will be handled by a top rated Michigan auto accident attorney, not a paralegal or law clerk. We offer a free, no obligation case review and we will represent you on a contingent fee basis.
Co-owner and Managing Partner
Member of the Michigan Bar Association and active member of the metro Detroit Chaldean community. Mr. Elia received his Bachelor’s Degree in psychology from Wayne State University (2008) and his Juris Doctor from The University of Detroit Mercy School of Law (2011).View Profile
Co-owner and Managing Partner
Member of the Michigan Bar Association and Michigan Association for Justice member. Mr. Ponto received his Bachelor’s of Science in Economics from The Ohio State University and his Juris Doctor from The University of Detroit Mercy School of Law.View Profile
Attorney David Klein attended the James Madison School of Political Science at Michigan State University where he graduated with a degree in Political Theory and Constitutional Democracy in 2009. David then attended Wayne State University and graduated with his Juris Doctor in 2012.View Profile
Attorney Kevin Kashat is both a member of the State Bar of Michigan and a lifelong resident of Metro Detroit. Mr. Kashat earned his Bachelor’s degree from Wayne State University and subsequently earned his Juris Doctor degree from the University of Detroit Mercy School of Law. While in law school.View Profile
Michigan Car Accident Lawyer
Automobile accidents are a frequent occurrence throughout the State of Michigan, and even more so in the Metro Area. Above all, either yourself or a loved one has been involved in an automobile accident in their lifetime. As a result of these accidents, it is common for serious injuries to occur as well.
Speaking with an Elia & Ponto auto accident Lawyer in Michigan can dramatically improve your situation. The Law Firm of Elia & Ponto represents clients that have sustained injuries that include broken bones, traumatic brain injuries, back and neck injuries, knee injuries, shoulder injuries, lacerations, and all other serious injuries.
Current Michigan law requires three things before an injured person may be entitled to compensation for injuries sustained (“pain and suffering”) in an automobile accident. First, the person seeking compensation must not be at fault for the accident.
An elite No-Fault car accident lawyer in Michigan will know this. Second, the injured person must sustain an injury that is “objectively manifested”. In more simple terms, the person must sustain an injury that will show up on a medical diagnostic test (MRI, X-Ray, CAT Scan, EEG, etc.). Lastly, the injury must cause a “serious impairment”. finally, the injured party’s lifestyle must be affected; due to the accident and the injuries sustained for a period of time.
A person must take legal action within three years from the date of the accident; or they will not be able to pursue a claim for their “pain and suffering” against the at-fault driver. Failure to initiate a lawsuit within that three years may result in your claim being forever barred. An elite Car accident lawyer in Michigan at our firm can help you or a loved one with this.
Again, each individual’s claim is different. If you were injured in an automobile accident, call the Law Firm of Elia & Ponto and speak with a No-Fault Car Accident lawyer in Michigan today!
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Your Michigan Car Accident Lawyer
Each individual claim is inherently unique. An auto accident lawyer in Michigan at Elia & Ponto will recognize this. We will begin a thorough analysis of your situation; construct an effective plan of action; the very first time you speak with one of our skilled attorneys. Let a car accident lawyer in Michigan at our firm take care of you.
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