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Your rights

Michigan is known as a “no-fault” insurance state. As a result, you must look at two potential sources of recovery:

  1. Your own automobile insurance carrier
  2. The other driver and his or her automobile insurance carrier

your_rights

What are my rights against my automobile insurance company.

In Michigan, you look to your automobile insurance carrier for the following:

  • Repairing the damage to your vehicle:

    Your own automobile insurance carrier will repair the damage to your car — providing that you paid for collision insurance. If you did not pay for collision insurance, you may only recover up to $500.00 towards the repair of your vehicle. This “$500.00? is commonly known as “mini tort” and is really designed to cover the cost of your deductible if you did carry collision insurance.

  • Paying for your lost wages:

    Your own insurance carrier will pay 85% of your lost wages for up to three years following the accident. The payment of wage loss is conditioned upon the finding of your treating physician that you are disabled from working as a result of the automobile accident.

  • Paying your medical bills and medical expenses:

    Your own insurance company is obligated to pay all reasonable and necessary medical bills and expenses associated with the injuries you suffered in your automobile accident for the rest of your life. However, if you have purchased what is known as a “coordinated policy” your primary insurance carrier, if you have one, may be billed first and then your automobile insurance carrier will pick up any unpaid balance. Irregardless, you should never have to pay a medical bill out of your own pocket as long as it is related to the automobile accident.

  • Attendant care:

    If you are in need of nursing care around your home as a result of the injuries you sustained in an automobile accident, you or your caregiver is entitled to be compensated by your insurance company. These services are usually performed by a dedicated friend or family member and include, but are not limited to the following:

    • Assistance with toileting
    • Assistance with personal hygiene
    • Assistance with administering medication
    • Help with walking or assisting a person in and out of bed
    • Help with wound care
    • Assistance with dressing
    • Daily observation or supervision of the injured party
  • Paying for help around the house:

    If you need assistance around your home with activities of daily living, your insurance company will pay up to $20.00 per day for such services. These are generally light duty chores around the home and include, but are not limited to the following:

    • Cooking
    • Cleaning
    • Laundry
    • Taking care of the home
    • Running errands
    • Transportation of the injured party
  • Medical mileage:

    Your own insurance company is obligate to pay you or your caregiver on a per mile basis for any mileage incurred as a result of the automobile accident. This would include any mileage incurred traveling to and from medical appointments, etc..

If your insurance company is refusing to pay any of the above benefits, hire David C. Femminineo to handle your claim.

Very often, insurance companies will intentionally and flagrantly discontinue or refuse to pay your benefits even though they know that you are entitled to them. Your insurance company is hoping that you just “give up” or “go away”. Hire David C. Femminineo to obtain the benefits to which you are entitled.

What can I recover against the at fault driver.

If you were injured in an automobile accident and you feel as though the accident was caused by the driver of the other vehicle, you may be able to recover for PAIN AND SUFFERING type damages from the at fault driver and/or his insurance company.

In order to recover against the at fault driver, the injured party must prove three things:

  1. That the other driver was 50% or more at fault for causing the accident at issue.
  2. That you have sustained a serious impairment of body function.
  3. That your injuries occurred as a result of the automobile accident at issue.

What are pain and suffering damages.

Pain and suffering type damages are the non-economic injuries that you have suffered and/or will continue to suffer as a result of the automobile accident. These include, but are not limited to physical pain, disability, disfigurement, inconvenience, heartship, fright, shock, embarrassment, humiliation, etc..

What is a serious impairment of body function.

You must prove the following:

  1. An objectively manifested impairment (one that can be medically “seen”);
  2. Of an important body function;
  3. That affects the person’s general ability to lead his or her normal life.

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