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July 29 2015

4852 5227

What You Need To Know About Car Accident Injury Claims

Automobile accidents have regrettably become everyday happenings now and they're the most common cause of sudden demise for many people around the world. It may happen to anybody, perhaps the most watchful motorist.

Many injury claims are a result of an accident involving a car, resulting in car damage and personal injuries. If you've been involved in a vehicle accident, because of all of the red tape and complex paperwork, you may want to rope in the valuable services of a car accident personal injury lawyer. The injured individual has got the right to get settlement for all the losses which have taken place.

Certainly motor vehicle collisions that involve fatalities will warrant the legal representation of an experienced auto accident injury lawyer. The lawyer will be able to help you to get compensation. You will need this settlement as it covers any healthcare expenditures you have in addition to lost income from possibly not being able to go to the office.

Important Elements: Freshness of a Case and Time

It is important to hire the services of a car accident lawyer as soon as possible. The reason for this is that there are deadlines for submitting injury claims. Not just this, it is necessary simply because of the preservation of crucial evidence and witness statement.

When you start looking for a reliable auto accident lawyer, keep in mind your settlement is at stake and for that reason you will need a lawyer with plenty of experience and skills in this area. You will also need to find out about their standard fee structure along with what out-of-pocket expenses you'll be responsible for. An important aspect to look out for is that the lawyer should be well acquainted with the local transportation and road guidelines.

Intricate Laws and Procedures - You Require Someone Experienced on Your Side

An AutoAccidentLawyerOC will be there to ensure you receive benefits from the insurer. They have got the methods to assist you in a courtroom settlement beyond that which is provided through insurance claims. Every person who has been in a car accident needs a reliable attorney to represent them - somebody that is knowledgeable about all the complex laws, processes and deadlines. It can be a relief knowing that you have an attorney from Autoaccidentlawyeroc.com who takes on any defenses brought up by the opposition. Without this kind of knowledge, you on your very own would not stand a chance. The car accident personal injury attorney will even consider the eligible factors and figure out the compensation plan accordingly.

Call the Experts

If you are injured in a car crash, don't hang around thinking who to go to and what to do. The capable AutoAccidentLawyerOC team will give you a free lawyer consultation before making a a plan. They have vast experience - are seasoned attorneys and therefore are a strong presence to have on your side - they are waiting to fight for your cause and do what it takes. Explore our web site Autoaccidentlawyeroc.com to get more information about our car accident injury lawyers.

Michigan's no-fault insurance law and the out-of-state traveler

It is a Friday in mid-July, the type of summer day we dream about in February: sunshine, a cloudless sky, high-70 degree temperatures and no humidity. I am heading north on U.S. 131 at 5:30 p.m., ready to start my weekend.

Because it is summer in Michigan, traffic is slowly merging to one lane through the busiest part of Grand Rapids due to another round of construction — they don’t refer to Michigan's seasons as "winter" and "construction" for nothing.

In addition to the rush-hour traffic and construction delaying my weekend plans, the highway is packed with families, couples and individuals traveling "up north" to enjoy a summer weekend on Lake Michigan or one of the countless inland lakes.

As I blankly stare out my window, I notice how many out-of-staters are making the same northerly trip I am making.

With all of the recurring talk about Michigan's "no-fault" auto insurance law, I can't help but wonder how that law applies to the out-of-staters who traverse our state each year, taking advantage of Michigan’s outdoor playground.

Most states do not have no-fault insurance, so knowing how this law applies to these out-of-state travelers is important, especially if you are a Michigan resident on the other side of an accident with a non-resident.

No-fault law, in general

Michigan adopted its no-fault insurance law as a way to increase the level of benefits paid to people injured in auto accidents, ensure prompt payments of insurance claims and reduce insurance premiums resulting from legal costs associated with auto accidents.

All Michigan motorists are required to carry a no-fault insurance policy, which provides unlimited medical and rehabilitation benefits, wage loss benefits for up to three years and replacement services for those injured in an auto accident.

In return for these benefits, Michigan drivers give up the right to sue when they are involved in an auto accident except in very limited circumstances. This prevents any delay in insurance payments in case conflict arises over who was at fault.

But all of the foregoing is not necessarily helpful when you are side-swiped by an out-of-state driver.

For example, one difference in the law's applicability to residents and non-residents is the person's ability to sue for damages arising from an accident.

A Michigan resident involved in an auto accident cannot sue another party involved in the accident for damages unless the Michigan resident, or his representative, can prove he suffered death, permanent and serious disfigurement, or a serious impairment of body function resulting from the accident. This rule applies regardless of whether the other party involved in the accident is a Michigan resident.

Conversely, if a non-resident has an auto accident with a Michigan resident, and the out-of-state driver is not insured by a company that has filed a certificate of compliance with the state of Michigan, the non-resident is exempt from the Michigan no-fault insurance law.

This means the non-resident can sue a Michigan resident for damages resulting from an auto accident, regardless of whether the Michigan resident has basic or comprehensive no-fault insurance coverage.

But this also means the non-resident is ineligible to receive any of the benefits that Michigan's no-fault insurance grants to accident victims.

If the non-resident's insurance provider has filed a certificate of compliance with the state of Michigan, the out-of-state resident is entitled to the same no-fault insurance benefits as a Michigan resident.

Of course, this also means the non-resident must forgo the ability to sue other drivers involved in an accident unless the non-resident driver, or the driver's representative, can show he has suffered death, permanent and serious disfigurement, or a serious impairment of body function resulting from the accident.

The out-of-state driver would also have to make his first-party personal injury claim to his own insurance provider in order to recover under the Michigan no-fault insurance law.

Residual liability

Michigan's no-fault insurance does provide for "residual liability," which refers to costs that may arise if a Michigan resident has an accident with a non-Michigan driver or any driver, from Michigan or elsewhere, who sues for damages resulting from an accident.

However, a basic no-fault policy only covers up to $20,000 for each person and $40,000 for each accident in which people are hurt or killed and up to $10,000 for property damage in other states.

When you’re traveling out-of-state

In the case that you are a Michigan resident traveling outside of the state in the near future, there are some important things to know about how Michigan's no-fault insurance works if you get in an accident outside of Michigan.

A Michigan resident who has an accident outside of Michigan cannot sue a non-Michigan resident with whom they are involved unless the Michigan resident can prove the accident resulted in death, permanent and serious disfigurement, or a serious impairment of body function. However, an out-of-state resident can sue a Michigan resident for damages resulting from an auto accident that occurred outside Michigan.

What to do?

In order for you as a Michigan driver to be best protected in the unfortunate event you are involved in an accident either outside of Michigan or with a non-resident who does not have coverage compliant with Michigan's no-fault insurance, it may be a good idea to buy more extensive insurance than the mandated minimum.

A few options that would cover more of your liability than the basic coverage include increased residual liability insurance, collision coverage or comprehensive coverage.

Always keep in mind that, while Michigan's basic no-fault insurance has its benefits, it won't cover you in all situations. Be prepared by considering all of your insurance options.

Source: http://www.grbj.com/articles/82868-michigans-no-fault-insurance-law-and-the-out-of-state-traveler

Injured In A Motor Vehicle Accident?

Find Out Your Rights When Someone Else Is At Fault
There are few things more miserable than having been hurt in an automobile accident. Every factor is arrayed against you at that moment. For starters, you're hurt, so of course you're under physical and mental stress. Add to that the fact that you may be dazed, confused, or at least partially incapacitated. In such a state, you may not be thinking through the full spectrum of legal details, and that's perfectly understandable. When you've been injured, your primary focus is, of course, on getting better. As such, you might not be devoting much, if any thought to your rights in the larger context of the accident. In such cases, it is absolutely critical that you secure the services of a good personal injury attorney as soon as feasible, so you can ensure that your rights are being preserved and protected.

If you've been injured in an accident, and you were not listed as having contributed to the accident, while some other individual was listed as having contributed to causing it, then you may well be entitled to compensation for any damages incurred.
The process of determining negligence is not difficult, but it is a very deliberate process, and it is absolutely essential for determining if some other party is actually liable for the damages you suffer. The process is comprised of four distinct steps. Each step is dependent on the one previous to it. If at any point, you run into a condition that is not true, then there is little point in continuing through with the rest of the process, because odds are good that you have no actual case. We'll step through the process briefly so you've got a firm understanding.

The first step is to determine if the person responsible for the accident had a legal duty to you. In the case of operating a motor vehicle, all drivers have a legal duty to responsible driving behavior to all other drivers on the road, so this one is generally a fairly easy determination to make.

Breach of Duty
Once you've established that the defendant had a legal duty to perform, the next step is to determine whether or not that duty was breached. From a practical standpoint, you can make this determination simply by looking at the accident report as filed by the police. It will show which parties were listed as contributing to the cause of the accident. If you're not and the other person is, that is usually sufficient to determine a breach of duty informally, and your personal injury attorney can set about finding evidence to confirm that the breach occurred.

Cause In Fact
This is also called a "but-for" cause. But for the actions of the defendant, this would not have happened. Essentially you're laying out the case that if the defendant had not acted in a negligent fashion, you would not have gotten hurt. Again, if you've established that a breach of duty occurred, this should not be difficult to establish.

Proximate Cause
This relates to the scope of the defendant's responsibility. That is to say, the defendant in a negligence case is responsible for those harms that the defendant could have foreseen through his or her actions. For example, let's say that you're driving a truck and earlier in the day you had loaded bags of grain onto it, with a plan to haul them from one point to another for someone else. If one of the bags of grain falls off and hurts someone else, is the driver of the truck responsible for the injury incurred or not? You see how quickly even seemingly simple scenarios can blossom into layers of complexity. This is one of the reasons you need a good attorney on your side!

Source: http://goarticles.com/article/Injured-In-A-Motor-Vehicle-Accident/9474945/
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