In Michigan, if a person is in a car accident and they are hurt, they may be entitled to compensation for their injuries. The two main ways a person can get compensated are by a first-party no-fault insurance claim or a third-party no-fault insurance claim. It is possible that you may have both claims in Michigan.
What is a third party no fault insurance claim in Michigan?
A third-party no-fault insurance claim in Michigan is when an injured person sues the other driver. This type of action is different from a first-party no-fault or PIP claim, because you don’t sue your own insurance company. A third-party claim is based in negligence law also known as tort law. First-party claims are against your own insurance company because you are looking to use the benefits you are entitled to under your auto insurance contract.
In a third-party claim, you are looking to be compensated for your pain and suffering, wage loss beyond the PIP maximum, among other things. The major requirements for a third party no-fault lawsuit are that the other driver was at least 50% at fault for the accident and that the injured person suffered “an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.” In other words, someone else caused the accident and they are more responsible than you are, and that the injuries don’t let you do the things that you used to do before.
Call me for a free consultation if you were hurt in a car accident in Ann Arbor, Ypsilanti, Saline, Milan, Dexter, Chelsea, Manchester, Jackson, Howell, Fowlerville, Brighton, Whitmore Lake, Plymouth, Northville, Belleville, or the surrounding Washtenaw, Wayne, Jackson, Livingston, Lenawee counties. I am experienced auto accident attorney and will meet with you personally to discuss whether you have a first party, third party, or both claims.