MOTOR VEHICLE
LIABILITY
Motor vehicle liability cases arise
out of automobile, truck and
motorcycle crashes. I represent you
in bringing an out of court claim/in
court litigation against the at
fault party/parties, such as the
driver/owner of the at fault
vehicle. The Michigan No-Fault
Insurance Law requires that your injuries have met a
"threshold" of death, serious
impairment of a body function and/or
permanent serious disfigurement in
order to bring a "pain and
suffering" claim. (MCL §500.3101 et seq)
I can also assist with your 1st
party claims (also known as No-Fault
claims) against your own vehicle
insurer for the payment of PIP
(Personal Injury Protection)
benefits. Such benefits include:
wage loss, medical expenses,
attendant care, replacement services
and mileage. These benefits are
payable without regard to fault.
There is a 1 year time limit to make
the claim and it must be in writing
(MCL §500.3101 at seq). I would be
pleased to analyze your specific
situation.
Generally I would prefer to give you
advice on any PIP claims, but will
usually encourage you to handle
these claims on your own so you will
not incur any attorney fee as your
insurer will normally voluntarily
pay the claim. Of course if you
choose not to handle the claim
yourself, or if it is denied, I will
be happy to represent you in the PIP
claim.
I also handle other motor vehicle
related cases, such as:
Dramshop liability: where the other
motorist is visibly intoxicated and
continued to be served alcohol after
such visible intoxication was
evident. Eye witness testimony is
generally required to prove such
continued service. There is a 120
day written notice requirement once
you retain counsel and a 2 year
statute of limitations (MCL
§436.1801).
http://legislature.mi.gov/doc.aspx?mcl-436-1801
Highway liability: where the
improved portion of the highway has
a defect which existed for 30 days
or more and caused or contributed to
the motor vehicle collision. There
is a 120 day written notice
requirement from the date of the
incident and a 2 year statute of
limitations (MCL §691.1402 at seq.
http://legislature.mi.gov/doc.aspx?mcl-691-1402
Helpful Links:
http://www.legislature.mi.gov
(for statutes)
coa.courts.mi.gov
(for appellate court
rules/opinions)
www.michigan.gov/ofis
(office that regulates insurance
companies doing business in
Michigan)
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