As if the situation relative to UM/UIM Insurance weren’t already complicated enough, the major alterations to Michigan’s auto insurance laws make things even more complicated. Understanding our state’s complex car accident laws is already a difficult task when you’re healthy and alert. Those laws will undoubtedly become even more confusing and indecipherable when you are also facing physical, emotional, and financial trauma.
Because of the above-mentioned risks, drivers in Michigan can purchase UM/UIM insurance to protect them in case they are injured in an accident with an uninsured or underinsured motorist. Miller & Tischler recommends that all of our clients purchase a maximum amount of this type of insurance.
Michigan law requires that owners or registrants of motor vehicles that are required to be registered in Michigan to insure their vehicles . Unfortunately, a lot of people view laws as suggestions rather than commands in spite of the fact that uninsured motorists are subject to fines, jail time, and the necessity to pay all their own medical costs if they are injured in a car accident.
Michigan is a no-fault state. This means that certain accident-related economic losses are payable regardless of who was at fault for the accident. PIP insurance benefits cover economic losses (i.e., medical bills, rehabilitative expenses, work loss, etc.) as after you are injured in a car accident. Historically, Michigan no-fault PIP insurance coverage provided unlimited, lifetime PIP benefits. Because of this, UM/UIM insurance rarely had to be used to cover excess economic expenses. This has all changed with the recent amendments to Michigan’s no-fault law. Now, insurers are no longer required to offer lifetime, unlimited PIP benefits. Instead, insurers can offer other options that provide caps on the amount of these benefits insurers have to pay. Because of these changes, if you are catastrophically injured in a motor vehicle accident, your PIP will most likely not cover all of your economic expenses. Having UM/UIM insurance coverage to provide for the event that you are injured due to the negligence of an uninsured/underinsured driver is now critical.
This has all changed with the recent amendments to Michigan’s no-fault law. Now, insurers are no longer required to offer lifetime, unlimited PIP benefits. Instead, insurers can offer other options that provide caps on the amount of these benefits insurers have to pay.
With insurance, as with most other policies and agreements, there are exceptions and exclusions. The following rules/exclusions can be found in most UM/UIM insurance policies: 1 Direct physical contact of the vehicles is necessary. In other words, if another driver’s reckless driving forces you off the road into a ditch, no UM claim can be made. 2 Driving your car for business purposes doesn’t count. If you are using a vehicle for business purposes, e.g. driving a rideshare vehicle or making deliveries from your car, your UM policy will probably not cover you. 3 Driving your employer’s vehicle will also likely let your UM provider off the hook if your employer’s car is uninsured since drivers other than the owner must be relatives or household members in order to be covered.
Even though the state has a mandatory insurance law , Michigan has one of the highest percentages of uninsured drivers in the country. Furthermore, many Michigan motorists are dangerously underinsured, because Michigan also has one of the lowest auto insurance minimum requirements in the country. Complicating matters even further, many of these drivers fear the consequences of a car wreck and flee the scene. Even if the other driver had little or no insurance, it is always important to contact a Michigan car accident attorney and hear about your legal options.
Many times, the tortfeasor’s (negligent driver’s) insurance coverage is largely irrelevant. That’s because Michigan law contains some extremely broad vicarious liability theories. These legal doctrines give victims in uninsured/underinsured crashes an additional source of compensation.
Unless tortfeasors voluntarily confess, it is hard to successfully prosecute them in criminal court. Because of the high burden of proof (beyond a reasonable doubt), prosecutors must normally produce a witness who saw the driver behind the wheel at or near the time of the crash.
Don’t be an uninsured driver. There’s no getting around it, Michigan no-fault auto insurance is expensive. That cost could make you want to skip the coverage and take your chances. But there are thousands of reasons why that is a bad idea.
Finally, if any auto insurance company had to pay no-fault benefits because of an accident involving your uninsured vehicle, it can sue you for reimbursement. In other words, you could end up paying the insurance company for everything it had to pay for your accident. This will include thousands of dollars in actual benefits, costs, attorney fees, and expert witness expenses.
Next, if you were at fault for a serious auto accident, you will probably end up going to court to pay for damages caused by the injured motorists injuries. This can include thousands of dollars in non-economic damages like pain and suffering, permanent disability or long-term wage loss. Insured motorists can rely on their own auto policy’s “liability insurance” to help cover the costs. But as an uninsured motorist, you are on your own.
No. Uninsured motorist coverage in Michigan is optional and not required. It is contractual coverage that must be added to a car insurance policy. Our attorneys strongly recommend that all Michigan drivers purchase it. Unfortunately, too many insurance agents fail to properly inform customers about the availability and the value of UM coverage.
If you are hit by one of these uninsured drivers, UM coverage will likely be the only way to recover compensation and damages for a car accident.
Uninsured motorist coverage (UM) in Michigan provides a valuable source of legal recovery for pain and suffering compensation and “excess” No-Fault PIP medical benefits and other economic loss for people who have been injured in a car accident caused by an “uninsured” driver. In Michigan, an uninsured driver is one who does not have auto insurance ...
Do I need to have UM coverage if I have health insurance? Yes . First, UM coverage is not meant to pay for medical bills or medical treatment. UM coverage is relied upon to compensate for an injured person’s pain and suffering and injuries and any excess economic loss and medical bills not covered by health insurance.
Yes . First, UM coverage is not meant to pay for medical bills or medical treatment. UM coverage is relied upon to compensate for an injured person’s pain and suffering and injuries and any excess economic loss and medical bills not covered by health insurance. Second, even if an injured person does have health insurance, ...
UM coverage is relied upon to compensate for an injured person’s pain and suffering and injuries and any excess economic loss and medical bills not covered by health insurance. Second, even if an injured person does have health insurance, if his or her injuries require medical care and treatment that is not covered by health insurance, ...
In order to collect benefits under an UM policy, an injured person must show both (1) that the other driver was “uninsured” and (2) that the uninsured driver was at-fault in causing the car accident that resulted in the person’s injuries. Identify and comply with the notice requirements in your UM insurance policy.
Michigan Uninsured Motorist Accidents. With the number of uninsured drivers and riders in Michigan today, many people are involved in crashes with motorists with no insurance coverage. However, even under these circumstances, an innocent driver might be able to recover compensation for their losses. Virtually all auto insurance companies sell ...
It is essential to have a dedicated and seasoned lawyer on your side if you were injured in a car accident with an uninsured motorist in Michigan. A tenacious attorney could help to investigate your caim and review of your insurance policies to determine how to best proceed.
All state residents are legally required to carry auto insurance, according to Michigan Compiled Laws § 500.3101. Therefore, when an accident occurs, each party can seek compensation from their own insurance company for medical bills and other out-of-pocket expenses through the state’s no-fault insurance system.
Despite the legal obligation to carry auto insurance, many drivers get behind the wheel with no insurance or without being properly insured. If so, insured motorists could find themselves facing fewer legal options if they are involved in a crash with an uninsured driver.
If you were involved in a crash with a driver with no auto insurance coverage, you might benefit from reaching out to a lawyer who is well-versed in Michigan uninsured motorist accident claims might prove to be helpful. After a wreck, you are likely to be traumatized and unsure of your legal rights. By working with an experienced attorney ...
This coverage, also referred to as “UM Coverage,” provides insurance for pain and suffering settlements in the event of a c ollision caused by a driver without a liability policy on their vehicle. If you were involved in a crash ...
If you are involved in a car accident in Michigan, you should use your phone camera to take photos after you have used it to call 9-1-1 or contacted the local police agency. The pictures you take at the accident scene can later help provide proof as to what occurred...
Underinsured motorist coverage is also often available as an option under your automobile policy. This benefit provides coverage over and above the liability limits of the car that injures you. So, if the car that strikes you has $50,000.00 in insurance and you have suffered $100,000.00 in coverage, you can seek the additional $50,000.00 from the underinsured motorist coverage from your own automobile policy.
This is designed to protect you in a car accident from other people who might be driving without car insurance. An uninsured motorist coverage is not a requirement for car owners under Michigan state laws.
An uninsured motorist overage from a reputable insurance company may set you back about $30 to $50 a year. It’s an affordable additional benefit with a substantial payoff because from this coverage, you may: 1 get compensated for property damage or car repairs (uninsured motorist property damage or UMPD) 2 receive financial support for your medical bills, therapies and potential income loss if you still can’t regain full use of your limbs and other bodily functions following the accident.
Inferior car insurance coverages in Michigan are also quite common. Since the state’s requirements for a minimum car insurance policy is at $20,000, most companies may only be willing to shoulder up to $40,000 payout in case of an accident.
However, given that Michigan is one of the top five states with the most number of uninsured drivers, based on a report from the Insurance Research Council (IRC), then it might be practical to get this additional coverage for your own protection in case of an accident.
If you’ve been involved in a car accident and you were not at fault, then you may receive no-fault benefits from your insurer. You may also file claims or seek compensation against the driver who caused the accident and his insurance company. But the problem may become complicated if:
You found out that the at-fault driver doesn’t have any car insurance at all . The at-fault driver is nowhere to be found, as in the case of a hit and run. You may have a harder time asking the negligent driver in these three scenarios to pay for the damage to your car.
However, you have to inform your insurance company by filing a claim formally. Before you do this, however, you have to prepare vital documents, such as the police report of the accident or a statement from the at-fault driver, to avoid further complications to your situation.