QUESTION

Is it the insurance company and not the driver cited at fault that has to pay me on my injury, medical cost and lost wages?

Asked on Nov 06th, 2012 on Automobile Accidents - Michigan
More details to this question:
My insurance company wants to settle with me on my injury and medical cost and lost wages. They have offered $6000. This is my insurance settling with me, not the other driver who was cited at fault. The broken hand has limited my ability to continue in the construction field and has diminished my income.
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4 ANSWERS

Ronald A. Steinberg
Don't you think that it is time to call in the Marines? Get YOUR lawyer to determine what the case is worth. I think that since you are negotiating with your own insurance that the other dingbat was NOT insured. The case is worth what the injuries are worth, and their impact on your life style. You need an expert to help you. If you do it yourself, you have an incompetent lawyer and a foolish client.
Answered on Dec 19th, 2012 at 12:40 AM

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Arbitration & Mediation Attorney serving Ann Arbor, MI at Blaske and Blaske PLC
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Your auto carrier is responsible for No-Fault benefits, sometimes referred to as first-party claim, or personal injury protection, or PIP, benefits. Those benefits include, but are not limited to, medical bills, mileage for your medical appointments, replacement services, attendant care, and lost wages/salary (the lost wages/salary responsibility is only for the first three years following the crash). You can bring a third-party claim against the driver who hit you, although to recover you will need to prove that you suffered what the law defines as a serious impairment of body function, a legally-loaded phrase that essentially means you need to have suffered a serious enough injury in order to succeed in the case. I'm happy to consult with you if you'd like, but if you decide to represent yourself on the first-party (No-Fault benefits) claim, be very wary of agreeing to waive your right to seek future medical benefits, to which you are otherwise entitled for the rest of your life, so long as the treatment you get is reasonably related to injuries suffered in or made worse by the crash. In other words, I think it is a capital mistake to agree to waive those future benefits, because one never knows what the future holds.
Answered on Nov 08th, 2012 at 5:20 AM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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You have claims against both. One against your insurer the other against the bad driver. I would be happy to explain your rights in these matters.
Answered on Nov 08th, 2012 at 3:45 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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If this is Michigan no fault then you will be dealing with your insurance company. Prior to the time you settle you should discuss this matter in detail with an attorney.
Answered on Nov 08th, 2012 at 3:06 AM

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