Knowing the Rules of Discovery in MichiganWhen a victim of someone else’s negligence files a lawsuit, there are specific rules and phases that every lawsuit must generally follow. The first step in the process is the filing of the Complaint. Next, one must serve the Complaint on the named Defendants or their agents. From there, the Michigan Court Rules and the Scheduling Order issued by the judge assigned to the claim control what the parties can do and when they can be done. The parameters change depending on case type, the attorneys, the assigned judge and the Court in which the lawsuit is pending; however, in almost every case, the initial phase of the lawsuit once all of the parties are served is called “Discovery”. What is the Discovery Phase?In the Discovery phase, the parties are allowed to gain information through several different means. In Michigan, parties are allowed to serve written questions on the opposing parties called Interrogatories. Interrogatories seek information from the other party. This information can be as basic as their name, address and where they went to high school, or it can be case specific; such as asking for their version of the facts surrounding the accident, whether they have certain health conditions or even if they have any felony or misdemeanor convictions in the past. Interrogatories are the most basic and common form of discovery. Other forms of discovery focus on gathering documents or entry upon land to inspect certain relevant objects. This can be done by serving what is commonly referred to as a Request for Production on the opposing party, or it can be done with a subpoena to either the opposing party or even to a nonparty that may be in possession of relevant information. In Michigan No-Fault claims or motor vehicle accident claims, documents such as insurance policies, medical bills, and documents generated by the insurance company are frequently requested and can be integral parts of the claims. What may be considered the most important discovery tool is the right to conduct depositions. A deposition is the ability to question the opposing party, witness, medical doctor or anyone with knowledge of the facts under oath. Skilled attorneys craft deposition questions to elicit beneficial testimony out of the deponent while avoiding testimony that would be detrimental to their own client. Since deposition testimony is under oath, if the matter proceeds to trial, and the deponent provides a conflicting response to the same question previously act, the deponent is considered to perjure themselves. Therefore, when providing answers to questions in depositions, it is important to take your time, think about the question asked and give an accurate and concise answer. If you do not know the answer, or cannot remember at that time, never guess. Never feel as though you cannot say “I don’t know” or “I can’t remember” because guessing for the sake of providing an answer can have grave consequences. How We Can Help Here at the Elia & Ponto law firm, we are dedicated to helping anyone who has been injured by a motor vehicle accident. A Michigan car accident lawyer at our firm will be dedicated to showing you how to file a Michigan car accident lawsuit and a claim for Michigan No-fault benefits. Even if you were hit by a drunk driver, or a Michigan Hit and Run accident, speaking with a car accident lawyer at our firm can be a valuable resource for you and your loved one! The post Knowing the Rules of Discovery in Michigan appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/knowing-the-rules-of-discovery-in-michigan/
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Accidental Injury Resulting from a Parked Motor Vehicle and No-Fault Personal Injury Benefits2/12/2019 Accidental Injury Resulting from a Parked Motor Vehicle and No-Fault Personal Injury BenefitsOn February 5, 2019, the Michigan Court of Appeals issued its Opinion in Guntzviller v City of Detroit, which reaffirms that in order for an individual to qualify for No-Fault Personal Injury Protection benefits, one’s injuries must arise out of “the ownership, operation, maintenance or use of a motor vehicle as a motor vehicle” pursuant to MCL 500.3105(1). In Guntziller, the plaintiff was attempting to enter a City of Detroit bus when the bus driver recognized her a person “who previously had harassed other passengers on the bus.” The bus driver then closed the door in an attempt to prevent the plaintiff from boarding the bus. While the bus was stopped, a physical altercation ensued, and the plaintiff alleged to have sustained bodily injury as a result. Plaintiff sought No-Fault Personal Injury Benefits from the City of Detroit and a lawsuit was ultimately filed. The case was dismissed following a Motion filed by the City of Detroit which argued that plaintiff did not establish entitlement to benefits under the No-Fault Act. The plaintiff appealed, and the Court of Appeals upheld the trial Court’s ruling. In its Opinion, the Court keyed in on the fact that the bus was stopped. This fact is key since pursuant to MCL 500.3106 excludes a claimant from receiving No-Fault Personal Injury Protection benefits for accidental bodily injury when the injury involves a “parked” motor vehicle; unless the claimant can demonstrate that one of the three statutory exceptions of MCL 500.3106(1) applies. MCL 500.3106(1) states:Accidental bodily injury does not arise out of the ownership, operation, maintenance, or use of a parked vehicle as a motor vehicle unless any of the following occur: (a) The vehicle was parked in such a way as to cause unreasonable risk of the bodily injury which occurred. (b) Except as provided in subsection (2), the injury was a direct result of physical contact with equipment permanently mounted on the vehicle, while the equipment was being operated or used, or property being lifted onto or lowered from the vehicle in the loading or unloading process. (c) Except as provided in subsection (2), the injury was sustained by a person while occupying, entering into, or alighting from the vehicle. In Stewart v Michigan, 471 Mich 692 (2004), the Michigan Supreme Court set forth a three-step analysis to determine coverage for claimants seeking No-Fault benefits from injuries arising out of a parked motor vehicle. First, the claimant must demonstrate that their “conduct fits one of the three exceptions of subsection MCL 500.3106(1). Second, the claimant must demonstrate that “the injury arose out of the ownership, operation, maintenance, or use of the parked motor vehicle, as a motor vehicle.” Finally, the “claimant must demonstrate that the injury had a casual relationship to the parked motor vehicle that is more then incidental, fortuitous or but for.” In Guntzviller, the Court of Appeals felt that the plaintiff did not satisfy any of the factors to qualify for benefits. The claimant’s injuries appear to have occurred after she was removed from the bus; thus, not satisfying any of the three exceptions. Further, the court held her injuries were not related to the “transportational function” of the City bus, but rather related to the ramifications of being the alleged aggressor of a physical confrontation. Lastly, the Court held that there was no “causal connection” between her injuries as the parked bus. Rather, the City of Detroit bus was nothing more than a backdrop of an alleged assault, and the connection of the City of Detroit bus and plaintiff’s injuries were nothing more than “incidental, fortuitous, or but for.” Accidents involved parked motor vehicles occur more frequently than one may imagine. Claimants are entitled to Michigan No-Fault Personal Injury Protection benefits if they are injured as a result of the following pursuant to MCL 500.3106:
While the Court in Guntzviller ultimately held that claimant was not entitled to No-Fault Personal Injury Protection benefits under those facts, there are everyday scenarios that occur where a claimant is entitled to No-Fault Personal Injury Protection benefits. Do not be detoured from seeking No-Fault benefits merely because the injury involves a parked motor vehicle in Michigan. Who We AreIf you or a loved one was recently injured in a motor vehicle accident in Michigan, a Michigan car accident lawyer at Elia & Ponto may be able to help. We are able to help anyone who had their vehicle damaged or was injured in a Michigan parking lot accident file a Michigan car accident lawsuit. We are well educated on Michigan No-Fault Benefits and any Michigan auto accident lawyer at our firm can help you with these. The post Accidental Injury Resulting from a Parked Motor Vehicle and No-Fault Personal Injury Benefits appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/accidental-injury-resulting-from-a-parked-motor-vehicle-and-no-fault-personal-injury-benefits/ Four Contributing Factors to Teen Driving AccidentsWrecks of motor vehicles continue to be a leading cause of injury and even death for drivers between 16 and 19 years of age. These young adults face a likelihood to suffer a fatal crash three times more than drivers 20 years old and older. Unfortunately, these statistics resonate here in Michigan too. A Michigan car accident lawyer at our firm can help you receive Michigan no-fault benefits. In 2017 alone, the 15-20 age group accounted for 7.8 percent of all traffic deaths in Michigan, with 57.5 percent of these deaths being the driver. Within the state, a total of 10,521 teenagers and young adults were injured due in a car accident. The cost of these accidents involving young drivers is astronomical as it can easily exceed $1.4 million. Research conducted by the Insurance Institute for Highway Safety reports that when a parent chooses to engage in the skill training of their teen driver, the time spent can help to reduce collisions – and – minimize the risk of road injury and death to all travelers on the road. If parents and/or legal guardians are not working with their teen driver on safe operational skills, we believe that the National Teen Driver Safety Week on October 21st is the perfect time to start. A Michigan drunk driving accident lawyer at our firm can help you if you believe your child was hit by a drunk driver in Michigan. Recognize These Four Factors Contributing to Teen Driver Crashes Proven triggers that increase the risks of crashes and injuries for young drivers include – greater risk exposures, immaturity, inexperience, and risk-taking behaviors. Young drivers are more likely to not wear seatbelts, speed while driving and miss important road hazards or signs as a result of these factors. Talk to your teen about these four fatal mistakes, which account for more than 60 percent of all teenage crashes.
Unfortunately, young drivers are often responsible for accidents that are otherwise preventable. Parents and/or legal guardians can play a key role in keeping everyone, including their child, safe on the road. Acting as a good role model, providing new drivers with substantial practice, and remind them that it takes time to develop safe driving skills. Speak with a car accident lawyer at our firm to help you file a Michigan car accident lawsuit. We are more than suited to help you file a Michigan no-fault insurance claim. The post Four Contributing Factors to Teen Driving Accidents appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/four-contributing-factors-to-teen-driving-accidents/ Seat Belt Regulations for Minor PassengersA key element behind vehicle safety is the proper use of seatbelts by all passengers. A Michigan car accident lawyer at our firm can help you understand this more clearly. Unfortunately, it is sometimes assumed that seatbelts are not necessary when a passenger is sitting in the back seat of a vehicle. In fact, even though the state of Michigan legally requires that persons under the age of 16 wear seat a belt, the law does not outrightly require back seat passengers to utilize a seatbelt. This ignores the fact that rear seating in a vehicle can pose an equal amount of risk as the front seat when passengers do not make use of seat belts. Regardless of where a passenger is sitting, a seatbelt is essential for minimizing potential injuries. The categorization of seat belt laws in the state of Michigan allow police officers to pull over any vehicle where a passenger is not wearing a seatbelt. The state of Michigan outlines different seating requirements for minors who are passengers in a vehicle. Children under four years of are required to ride in the back seat of a vehicle. Children under the age of two must ride in a rear-facing car seat. Children between the ages of four and eight must ride in a booster seat. The only exception to this is if a child is taller than four feet and nine inches. How Do Michigan Seat Belt Laws Affect Me?In spite of these requirements, a high number of child passengers do not ride in a booster seat, as required by law. Booster seats are imperative for child passengers, as they are designed with children in mind and help to secure them properly so as to prevent serious injuries in the event of a car accident. This is especially important in light of the fact that standard-sized car seats are not made with children in mind, and are far more likely to increase the risk of harm or injury to a child passenger. Booster seats should be fastened securely into the car, and should also be checked for any signs of damage on a regular basis. Speak with a Michigan car accident lawyer at our firm about how seat belt regulations affect you. What Are Michigan Seat Belt Requirements for Teens?Michigan seatbelt laws for passengers between the ages of eight and fifteen also require that they wear a seatbelt. However, while the law explicitly requires all persons below sixteen years of age to buckle up, it does not state any requirement for persons over the age of sixteen. Unfortunately, this has led some to interpret the law as meaning that those over sixteen do not need to wear a seatbelt. However, in spite of this perceived legal loophole, passengers over the age of sixteen should still wear a seatbelt. A Michigan accident lawyer can help you or a loved one file a Michigan car accident lawsuit. Why Are Seat Belts Important in Michigan?Regardless of where a person is sitting, a seatbelt is an imperative safety mechanism for a passenger. In the event of a vehicle accident, lack of a seatbelt could result in serious injuries or even death. It is important to note that passengers in the rear are just as vulnerable when it comes to car accidents. This means that people of all ages should always be sure to wear a seatbelt when riding in a vehicle. A car accident lawyer in Michigan at our firm can be of great value to you. The post Seat Belt Regulations for Minor Passengers appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/seat-belt-regulations-for-minor-passengers/ No-Fault Coverage in Out-Of-State Car Accidents for Michigan ResidentsNo-Fault Coverage in Out-Of-State Car Accidents for Michigan Residents can be tricky to understand, a Michigan car accident lawyer at our firm can help you. Car accidents can happen at any time and any place due to unforeseen circumstances such as bad weather, unfamiliarity with roads or other distractions. The unpredictability of accidents increases the probability of occurrence while driving out of state for business, vacation or personal errands. For most car owners, the question of the geographical scope of car insurance comes into question. Does, the no-fault insurance hold for out of state drives, who is covered by the insurance and what are its limits? According to the MCL 500.3111, Michigan drivers have extended coverage ranging from within the country and also into Canada but with limits. Speaking with a car accident lawyer in Michigan can greatly improve your chances of winning a lawsuit or success in filing a car accident claim in Michigan. What does No-Fault Insurance cover in Out-Of-State Car Accidents?The Michigan no-fault act covers drivers beyond the limits of the state’s borders. Drivers can rest assured that their insurance cover still offers them with the numerous benefits despite their geographical location. However, the limitation is that Michigan law does not necessitate that the insurance providers should cover accidents in rental cars, out of state vehicles or taxis. Therefore, it is important to check with the policy provider to confirm whether they offer such additional services before renting a car. If the rental car lacks insurance, it is possible that the injured may not be eligible to claim for PIP benefits in the event of an accident. The insurance coverage also protects passengers who satisfy the criteria of being named as insured under the insurance policy, a relative of the insured who was in the vehicle involved in the accident, or anyone who has a relative at their Michigan residence with an active policy. Then again, residency may be hard to prove such as when children are frequently away for studies. For passengers, who are not named under the policy or are not relatives of the insured person, no-fault insurance benefits will only be offered if the insured party was also occupying the no-fault insured vehicle. In such cases, it is a must that the vehicle involved must also be insured in addition to the owner’s no-fault policy. Passengers who do not fit any of the above criteria may not be eligible for benefits from the no-fault insurance coverage. An auto accident lawyer in Michigan at our firm can help you understand Michigan PLPD insurance coverage claims. What are the benefits of No-Fault Insurance in Out-Of-State Car Accidents?Some benefits of Michigan no-fault insurance are also limited by the insurance laws practiced in no-fault states. If the driver is involved in an accident in a no-fault state, they must pursue legal action against the at-fault driver. The insurer will still provide for expenses, but the drivers are still expected to follow through with the other state’s legal requirements. Additionally, if the Michigan resident is at fault, they will be subject to the law of the state. Drivers will then lose their liability protections and may have to pay damages caused to the other drivers. In addition to out of state driver accidents, there is also the case of out of state residents who are injured in accidents while in Michigan. Such residents are entitled to benefits only if they are driving or are passengers in a vehicle that is insured under the no-fault policy. They are also entitled to benefits from their own insurers if their insurer is licensed to sell policies in Michigan. Nevertheless, all non-residents are required to have no-fault insurance on their personal vehicles or face being charged with a misdemeanor offense as per the Michigan law. Speak with a car accident lawyer in Michigan about your auto accident here at Elia & Ponto, we always have a Michigan car accident lawyer ready to help you. The post No-Fault Coverage in Out-Of-State Car Accidents for Michigan Residents appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/no-fault-coverage-in-out-of-state-car-accidents-for-michigan-residents/ Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan Drunk drivers are a common cause of accidents across the globe. Most countries have a zero tolerance for drunken driving accidents with tough legal consequences for the perpetrators. In Michigan, approximately 26.9% of all accidents are caused by drunk drivers with 32% of these being under 21 years of age. These accidents have the potential to cause immeasurable damage to families in the form of injury or death to loved ones. The increased costs of medical expenses and the loss of income may devastate the families even further. With no-fault insurance, drivers can receive benefits to cover such expenses and reduce the adverse effects of drunk driving on families. No fault insurance in Michigan provides a reprieve for families by offering insurance coverage of lost wages and medical expenses incurred when drivers are involved in drunk driving incidents. It provides coverage for both parties involved and also for any legal dependents of the injured. The main principle of no-fault insurance is that the benefits are offered by the respective insurers of the affected regardless of the driver at fault. In this way, all parties, including the drunk driver can receive the benefits covered under the no-fault insurance policy. Speak with a Michigan auto accident lawyer at our firm today, we are ready to help you now. The affected parties benefit from the recovery of all expenses incurred during the recovery and care of the injured person. The insurer will cover expenses such as medical mileage, help in addition to treatment expenses. Replacement services will also be covered to help the injured cope with changes in their mobility. Moreover, up to three years of lost wages resulting from the injury will be reimbursed. Benefits for Drunk Driving Accidents Under No-fault Insurance in MichiganAn interesting part of Michigan’s no-fault insurance policy is that loved ones are also entitled to make claims from the insurer for survivor loss benefits. However, eligible family members have to prove that they are legal dependents of the deceased by falling under the category of children, or spouses. With adequate proof of relationship, family members can claim benefits in the form of income that would have otherwise been provided after tax deductions. Additionally, the insurer will also cover burial and funeral expenses together with a fraction any replacement services necessary to support the changed livelihood. A Detroit car accident lawyer at our firm can help you better understand your options after being hit by a drunk driver. However, these benefits are still subjected to the timelines stipulated under the no-fault policy guidelines. Under the one year rule, all claims whether by the insured or their family members have to be made within one year of the accident. The insurer has to be notified of the accident and any resultant injuries within this timeline. Moreover, the injured can only recover benefits and expenses that date back one year from the date of filing of the lawsuit. Failure to follow the stipulated timelines may result in rejected applications and unpaid benefits. Therefore, it is necessary to file claims as soon as possible and work closely with an auto attorney to receive full PIP benefits. Michigan auto attorneys provide guidance on the value of claims to be made and any additional legal steps to be followed. For instance, insurance adjusters usually try to defraud drivers by giving settlement offers in advance. Additionally, drivers can pursue legal claims against the drunk driver in a civil court even after filing for insurance claims. In some cases, the affected parties may even sue bar and restaurants who served the drunk driver. Speak with a Michigan car accident lawyer at our firm to learn about how you can file a Michigan car accident lawsuit. The post Benefits for Drunk Driving Accidents Under No-fault Insurance in Michigan appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/benefits-for-drunk-driving-accidents-under-no-fault-insurance-in-michigan/ Distracted Driving In Michigan CommunitiesTwo of the leading causes of accidents on the road either fall in the category of distracted driving or driving under the influence of Alcohol. Researchers from the University of Michigan found that accidents caused by distracted drivers were double those of drunk driving in the year 2017. Accidents from distracted drivers are becoming more common and resulting in injuries and damage to property. Therefore, it is evident that distracted driving is a significant issue in the state of Michigan. In Michigan, 24% of distracted driving cases were primarily caused by distractive electronic equipment such as phones or car radios. Statistical analysis reveals that approximately 23% of all cases occur on highways and 27% of the victims sustained at least one injury. A total of 73 deaths resulted from 60 distracted driving accidents involving pedestrians, cyclists, passengers, drivers and a snowmobile operator in the year 2017. A distracted driver survey done by AAA in Michigan revealed that most residents highlighted texting as their main worry when driving. Most drivers admitted that they read text messages when they are driving despite the laws in place against such practices. In Sec. 257.602.b of Michigan’s anti-texting law, drivers are not permitted to read, type or deliver text messages through any communication device in their possession when driving a vehicle in the state. Offenders will be culpable for a fine of $100 for first-time offenders and $200 for subsequent offenses. A Car accident lawyer at our firm can help you understand Michigan No-Fault Insurance. The Michigan communities with the highest rates of distracted driving were Detroit, Grand Rapids, Bloomfield Township, Sterling Heights, and Lansing. In terms of counties, Wayne County topped the list having the highest number of distracted driving cases together with Oakland, Kent, and Macomb respectively. Being at the top of the list, Wayne county also recorded the highest number of deaths in 2017. If you or a loved one was recently injured in an auto accident, speak with a Michigan car accident lawyer at Elia & Ponto. Generally, distracted driving is defined as any activity that deviates the attention of a driver from safely driving. It includes activities such as using a mobile phone, heated conversations with passengers, distractive in-car entertainment or looking at the navigator and maps. Consequently, the distractions can either be categorized as visual, cognitive or manual. Fundamentally, the reduced attention increases the probability of an accident occurring. A Michigan auto accident lawyer at our firm can help you file a car accident claim if you were involved in an auto accident. How to avoid distractions when driving in MichiganDue to the potential for harm and damage to property, it is essential for drivers to avoid distractions as much as possible. Some of the recommendations on how to avoid distractions revolve around prior preparation and self-control when driving. For instance, drivers should always be familiar with all the necessary equipment in the vehicle before proceeding to drive. All equipment such as radios or controls should be set when the vehicle is not in motion. Additionally, all loose items should be secured to prevent unnecessary movement during driving. A Detroit car accident lawyer at our firm can help you today! Drivers should also express restraint by avoiding activities such as watching videos, playing games, texting, drinking, eating or using distractive equipment when driving. If it is necessary, the driver should ask for the assistance of a passenger or safely pack the vehicle. Additionally, distractions can also be reduced by having breaks to refresh when driving long distances. The driver should have sufficient rest before the drive and avoid medication of substances that are known to induce drowsiness. Practicing these behaviors will go a long way in reducing the possibility of accidents caused by distractions.
The post Distracted Driving In Michigan Communities appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/distracted-driving-in-michigan-communities/ Michigan Uninsured Motorist Insurance in 2018Uninsured motorists make up a significant percentage of the driving population in Michigan. Approximately 20% of motorists lack valid insurance for their vehicles, and the number is potentially higher in communities such as Flint and Detroit. Most residents cite the high costs of insurance in the state to be the leading factor that hinders them from acquiring coverage. Nevertheless, the high number of uninsured translates to a higher probability of Michigan drivers getting into an accident with uninsured drivers. Some of the leading Michigan car accident attorneys work at our firm. Lacking insurance is both illegal and risky for the driver and any passengers. Apart from the hefty fines and the potential for a jail term, the driver misses out from the benefits that come along with insurance covers. For instance, uninsured drivers cannot claim the benefits of Michigan’s no-fault insurance or make legal claims against the at-fault driver for monetary compensations. The driver will not be entitled to have any form of financial support that is directly related to the incidences of the car crash. However, there is the case of being involved in an accident with an uninsured driver. Due to the high probability in Michigan, this is an issue of high concern. Insured drivers can get into accidents with uninsured drivers that may result in harm to passengers and damage to property. Additionally, there is the case of hit and run where the driver cannot be identified. In such cases, uninsured motorist insurance gives the victims an opportunity to claim compensation for suffering and damages. A leading Detroit car accident attorney at our firm can help you with filing a Michigan car accident insurance claim. What does Michigan Uninsured Motorist Insurance Cover?Uninsured Motorist insurance tries to cover the damages that arise from accidents with uninsured motorists. Drivers can acquire this type of insurance from their insurers to cater for compensation in the event of damage, injury or loss from an uninsured driver. Since the coverage is not mandatory for all, drivers have to make a conscious decision to purchase the policy to be part of their insurance. The coverage is either a minimum of $20,000, or $40,000 and varies upwards according to the coverage purchased. Most covers are inexpensive while still offering extensive coverage over some months. Speak with some of the leading Michigan car accident lawyers at our firm today. How to make Michigan Uninsured Motorist ClaimsThe procedure for initiating uninsured motorist claims is straightforward. Once named as a beneficiary of an insurance policy, making a claim is as simple as contacting your insurance provider. Unnamed individuals who can benefit are those who were passengers in the insured vehicle at the time of the accident with an uninsured driver. If the individual can prove their occupancy of the vehicle, they can claim the insured driver’s provider. Driving uninsured in Michigan is not a good idea as Michigan police can check your insurance using your license plate. However, the claims made are subjected to the specific terms outlined in the insurance policy. Different insurance contracts may have varying obligatory clauses that must be adhered to before the claims are approved. The obligations involve the time limits for making the claim which when ignored can disqualify a claim. Moreover, only no-fault individuals are allowed to make a claim. In special cases where there is shared fault, for a claim to be valid, the driver has to have less than 50% of fault. Nevertheless, uninsured motorist benefits offer a much-needed reprieve for motorists against the ignorance of other drivers. It is recommended that drivers add insurance to their basic coverage to protect against harm and or damage from uninsured drivers. An elite Michigan car accident attorney at our firm is standing by to help you immediately with any issues you may be having regarded an auto accident. The post Michigan Uninsured Motorist Insurance in 2018 appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/michigan-uninsured-motorist-insurance-in-2018/ Police use license plates to check insurance in MichiganOne of the items the police check when stopping motorists is insurance. Therefore, before getting behind the wheel, motorists are required by law to have valid insurance. Lack of insurance or falsifications of documents is considered to be misdemeanor offenses that may result in one year of jail term or fines according to the type of offense. Lacking proof of insurance results in a fine of $143 while driving an uninsured car attracts a fine of up to $500 together with a $500 responsibility fee that must be paid in two years. Hence, lacking insurance is a rather costly affair. A leading Michigan car accident attorney at Elia & Ponto can help you or a loved one was injured in an auto accident. Being a common practice in traffic law enforcement, police officers check for insurance many times each day. To ease the process, Michigan managed to give police the upper hand by providing a tool for easier insurance check without pulling over motorists. Previously, police officers used to ask for proof of insurance after stopping motorists. Such a technique raised the issue of the potential for fake cards or hoax insurance companies. As from September of 2015, the state police together with other law enforcement agencies in Michigan have been using license plates to check insurance on the go. The police officers directly run a car’s license plate through their onboard computer to verify insurance records before approaching the motorists. We understand that you are going through a tough time, an experienced Michigan car accident lawyer at our firm is always standing by to help you. To support the system, insurance companies are also mandated to send updated information on the 1st and 15th of every month to the office of the Secretary of State. The information details the names of the insured and the duration of the coverage. Once updated, it is available for all agencies through the Law Enforcement Information Network. When a license plate is run through the system, the police officer will be able to determine whether or not a driver is insured instantly. A highly trained Michigan car accident lawyer at our firm is standing by to help you now. The system offers the advantages of being more accurate and reducing the number of stops made by police officers. Police officers have an opportunity to assess the validity of insurance covers by looking up the license plates rather than asking for physical proof. In this way, police officers are better placed to crack down on the use of fake insurance cards. The success of the system in coping fake cards is seen in how the number of citations offered to uninsured drivers rose from 8,664 in September 2013 to 10,009 in 2014. A car accident lawyer in Michigan at Elia & Ponto can be a very valuable resource to anyone injured in a motor vehicle accident. One of the limitations of the system is that it does not display results for motorcycles or commercial vehicles. Officers will be required to confirm the availability of insurance in such cases manually. Moreover, since information is only updated every two weeks, the information on the system is not real time. The officer has to verify an indication of lack of insurance with the physical proof provided by the driver before a ticket is given. Nevertheless, it has still helped ease the regulation of insurance coverage. Understanding the role of the police officer in a Michigan auto accident is critical. While the system only targets to give officers more flexibility and faster access to information, drivers are still required to carry proof of insurance cover within their cars. It also does not mean that drivers will constantly be targeted for insurance violations. Lack of insurance is regarded as a secondary violation and is not a sufficient cause to pull over a driver. Moreover, pulling a driver over for lacking insurance will render any other identified ongoing criminal activity to be invalid since the initial cause of pulling over was invalid. The Elia & Ponto law firm is one of the leading Michigan car accident law firms based in metro Detroit. We have a dedicated team of paralegals and experienced Detroit car accident attorneys standing by to help you right away. The post Police use license plates to check insurance in Michigan appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/police-use-license-plates-to-check-insurance-in-michigan/ 9 Critical Things You Should Know after a Michigan Car Accident The first step in winning a personal injury lawsuit is to take the appropriate precautions and actions. The Elia & Ponto Law Firm is one of the leading auto accident law firms to go to if you were injured in an auto accident in Michigan. A Michigan car accident lawyer at our firm is always ready to help you. Even if your vehicle was damaged in a Michigan parking lot accident, we can show you how to file a Michigan parking lot accident claim. Over the years our Michigan car accident attorneys have grown to understand every aspect of how cases are fought and won. We have it down to a science. Even if you or a loved one was injured in a truck accident, a Michigan truck accident lawyer at our firm can still help you. We have taken the time to prepare a list of 9 critical things that you should know if you sustained an injury in an auto accident. 9 Critical Things You Should Know After A Michigan Car Accident
Car accident victims in Michigan must show impairment When it comes to car or truck accident victims, the Michigan Law can be considered quite unfair. This law insists that the victims of auto accidents should present a “serious impairment of body function“, it wants to see how your life now different was affected by the accident. So if all you’ve got is just the pain with nothing real physical to show for it, then your personal injury lawsuit may be difficult to win. Wondering how exactly victims and the Michigan auto accident lawyers show “impairment”? The best way to win your lawsuit is to prove how the auto accident left you impaired or led to a “lifestyle impact.” If you can, show as many ways where your usual daily life has been affected and changed. The more the ways, the easier it is to convince the court how the accident truly affected your life. Some of the things the court will take a look at are: ✓ Type (severity) and duration of medical treatment you received. ✓ Changes induced by the car accident on how you perform hobbies, recreational or sports activities, and other interests. ✓ The time you got off work. In Michigan, You will only have One Year to apply for No-Fault benefits. There are a number of important benefits that your Michigan No-Fault insurance is ready to cover. These benefits are known as personal injury protection (PIP), and these are the typical Michigan accident forms of compensation which include:
This type of auto accident case is commonly referred to as first-party auto accident cases. An application for benefits is to be filed with your auto insurance company before you can get access to No-Fault benefits. An important thing to know is that all Michigan auto accident victims have just a year to file for these benefits. One year is one year no matter the victim’s age or competency. And also, the No-Fault benefits received must be paid for within one year which starts counting from the date the service was received. If after one year, your benefits are yet to be paid for by your insurance company, and an application for No-Fault benefits is not filed for you, then without exceptions, the amount you owe is deemed to be time-barred. In other words, those benefits are now irrecoverable because it’s too late to file a lawsuit. In Michigan, You will only have three years to file a pain and suffering lawsuit. While the Michigan law offers a three year period for auto accident victims that sustained injuries to file pain and suffering lawsuit against a careless driver, this is rarely ever the case. The injured victims actually have less time than they think to file a lawsuit. The actual reason for this is that many of these victims have two other forms of insurance coverage that is known by most as Uninsured or Underinsured Motorist Coverage (UM/UIM). These types of coverage schemes sometimes have notice provisions that are less than the time frame in the first-party No-Fault cases. They also offer notice provisions that are less than the three-year period you have to file a pain and suffering lawsuit. After a car crash, the first thing you should do is to check your auto insurance company policy as soon as you can and of course to notify the company of the car crash. Consult with an auto accident lawyer too, especially if you have any questions about your insurance policy’s contract provisions on filing requirements or notice periods. Be Sure to Document all personal injuries on your application for No-Fault benefits. Ross v. Allstate, a 2004 case serves as a perfect example of just how much auto accident victims stands to lose when they do not report their injuries specifically to their insurance company. The Michigan Court of Appeals ruling in the case was that if an auto accident victim suffering from injuries did not give specific notice of every injury to his No-Fault insurance company, then the person would have forfeited his right of having his No-Fault insurer cover his medical bills. That is if this notice was not given within a year. Non-documentation of injuries is a common issue among victims of closed-head injuries or mild traumatic brain injury (TBI). Because these symptoms are not documented early enough in the victim’s medical records, or they are not reported to doctors soon enough. It is really easy to be refused or denied payment for medical services by the insurance company. Most times, these symptoms are not reported early to doctors because the patient is quick to wave them off as minor problems or side effects of a medication if they are currently under any. Thus when these symptoms like headaches, nausea, dizziness, light-headedness, tinnitus (ringing in the ears), blurry vision, short-term memory loss, problems with concentration or emotional changes become more severe and painful to dismiss especially when the victim is no longer under pain medications for physical injuries. These symptoms are also less likely to be rejected when the victim returns to work that will highlight concentration and memory problems of the person. By then, it would have been too late to make your insurance company pay for medical treatment. A Detroit car accident lawyer can help you understand your Michigan car accident compensation benefits as well as the types of Michigan car accidents. Do not hide any pain or symptom from your doctor, regardless of how minor they seem and hiring a lawyer who understands all the intricacies of closed-head injury cases will go a long way to help you, as they’re always stressing the fact that no injury is too minor to report. Your application for benefits immediately should reflect all of your injuries to your insurance company. Getting medical care for your injuries is critical. Do not underestimate the potential that any injury has to lead to something much worse. You should not ignore any minor injury or pain which appear from an auto accident, no matter how insignificant. For instance, your minor backache could actually be a ruptured spinal disk and extruded disk material that can ultimately cause paralysis. So every pain needs to be checked out by the doctor, especially if you hit your head or you lost consciousness. Run a diagnostic test for your brain to ensure there’s no internal bleeding. All pains should be documented immediately, and that includes your neck pain and back pain. If perhaps you or a loved one was involved in an auto accident and suffered some injuries, please ensure you seek medical care and treatment immediately. Remember, your health is essential, do not play with it. Lastly, do not miss a doctor appointment, you don’t have any reason to. Missing appointments will be interpreted by your doctor or the jury that you don’t care or that you are pretending to be hurt. Tell the truth, do not hide information. Hiding information and lying are two things that can damage the value of an auto accident victim’s injury case in Michigan. Defense lawyers are always so quick to use these against you in court and thus weakening your injuries’ value. For this very reason, do not hide any information from your doctor and lawyer, always tell the truth. According to auto accident lawyers, the two biggest mistakes auto accident victims keep making is hiding information and lying and this destroy your credibility and likeability, important issues in trial advocacy. Jurors need to believe in you before they can help you and besides that, if they like you and consider you credible, they’ll give you more money. When being attended to by a doctor, give accurate and precise medical history. Do not attempt to cover up a previous injury. Why? As regards your personal injury lawsuit, your medical and work records will expose your medical history. And if they don’t turn up in your records, private investigators are sure to come up with something. This is the age of computers, social security numbers and of course, private investigators. Another thing you shouldn’t keep hidden is an old or minor injury that happened in the past at the same area injured by a new accident. This also helps your doctor to be able to distinguish an old auto accident injury from a new one. To prevent defense lawyers from attacking you with “information hiding” or “exaggeration of injuries,” do not deny anything that you can remember. Admitting to things you can remember will hinder the defense lawyer from using inadmissible information as admissible evidence. This should be done especially when you’ve been asked by a doctor or in a lawsuit interrogatory. Your Michigan auto accident lawyer is ready to help you but to do that, he/she needs to know about your history. Expect surveillance after a Michigan Car Accident One thing to know about Michigan’s significant auto accident cases is that the defense has surveillance on you. The problem comes up when the victim carries out a task he has never really done, for instance, taking out the garbage and the reason for doing it was because there was no one around. And then in a deposition, if the auto accident victim forgets to mention it, the victim might end up being accused of lying or exaggeration of pain by the defense lawyer even though the lawyer knows this isn’t the case. A mistake like this can lead to one’s undoing in the court. It doesn’t matter if you did it just once, the defense lawyer can spin the story to the jury and make it appear as if it’s an everyday thing, especially if they have a video. If there’s any likelihood or inkling of truth to any question asked, admit it. Ethical auto accident lawyers advise that it’s better to admit it. You can then explain the reason why you did it. Maybe you were checking out if you could do a simple task like that or you were on strong pain medication. Whatsoever the case, the full truth is your best answer. If you misrepresent, you lose your “right to sue.” Two optional coverage types that offer other important protection to the victims are Uninsured and Underinsured Motorist Coverage (UM and UIM). An insurer has the right to cancel the insurance policy of the insured person who has made a misrepresentation that is considered material. This act lets the insurance company off the hook as they are no longer duty-bound to pay benefits if there was a misrepresentation about where an automobile is mainly garaged for cheaper rates, or perhaps if the insured do not mention of other person’s who use the vehicle frequently. In Michigan, telling a half-truth or lying can cost you a fair and full measure of compensation for your injuries. A “right to use” an uninsured vehicle may cost your “right to sue.” The Michigan Supreme Court in 2004, issued Twichel v. MIC General Insurance Corp. This left thousands of injured Michigan residents without the right for an auto accident injury lawsuit. The Court’s precedent was that for a “constructive” owner, it didn’t really need matter how many times the person drove the uninsured vehicle. All that was needed was the existence of the “right to use” the vehicle for a 30-day period not considering how many times the injured constructive owner had actually driven the vehicle. According to auto accident attorneys, a constructive owner is also an uninsured owner of the vehicle, and as such, Michigan law offers no provision for the person to receive a No-Fault insurance benefit, and no right to sue the driver at fault for a pain and suffering lawsuit. This very Michigan law is strict and unrewarding because even if your injury is paralysis for life and was caused by a DUI driver, you still won’t be allowed to sue because you have a “right to use.” Communication with your Michigan car accident lawyer is essential Your Michigan car accident attorney should be aware of any doctor visits or medical examination required by your insurance company. Do not give ANY form of statement without informing your lawyer first, not even your insurance company. Defense lawyers use these examinations under oath (EUOs) to take advantage of a victim with no lawyer. Questions having no relationship to the issue at hand are mostly asked, and your answers can be used against you in a lawsuit because EUOs are recorded and are under oath. The only benefit and true cause if these interviews is the exposure they give. If something bothers you, it’s best you tell your doctor and lawyer, especially if it’s a past DUI, bankruptcy or an old injury. This information is inadmissible information, but they can be used as admissible evidence if you try to hide them or you like about them if asked. Your auto accident attorney should be experienced and ethical, they actually desire that you receive full benefits and get a fair deal. If you want us to be of good help, you can start by telling us about your worries. Get the help you need from us now To be on the safe side, contact an Elia & Ponto experienced Michigan auto accident attorney at 855-753-7529, live chat with us, or fill out our contact forms to have an attorney get back with you as soon as possible. The post 9 Critical Things You Should Know after a Michigan Car Accident appeared first on The Law Firm of Elia & Ponto. from https://www.eliaandponto.com/9-critical-things-you-should-know-after-a-michigan-car-accident/ |
ABOUT USAt The Law Firm of Elia & Ponto we understand and appreciate that when potential clients contact our office, they are often looking for more than a monetary recovery. Many times, our clients are looking for help in recovering from the injuries they sustained as a result of someone else’s negligence. We have realized over the years that most clients are unaware of the medical benefits they may be entitled to the moment they are in an automobile accident, or that in certain circumstances, a business or other private property may have insurance covering medical treatment related to the injuries sustained in the accident. A Michigan Auto Accident lawyer must be dedicated to your case. That’s why here at the Michigan Auto Accident law firm of Elia & Ponto we treat every client like family. Contact a Detroit Auto Accident Lawyer today! ArchivesNo Archives Categories |