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Car Accidents

If you are involved in an automobile accident in Michigan and have been injured, there are certain benefits that you may be entitled to under Michigan automobile accident law, not only from the person who caused the car accident but also from your own automobile insurance company, and the person who owned the other vehicle.

You may be entitled to lost wages, and replacement services for up to three years from your own automobile insurance company as a result of the car accident that you were involved in.  These types of benefits are commonly called First Party Benefits and are available to automobile accident victims within the State of Michigan.  An accident victim is also generally entitled to medical services for life that are reasonably related to the car accident.

The driver of the car who caused accident may be responsible (if he or she was over 50% at fault for the car accident) for death, severe permanent disfigurement or serious impairment of a bodily function.  This is called a Third Party Auto Negligence Claim.  Further, not only is the driver of the car who caused the automobile accident liable for the injuries sustained, the owner of the automobile that was being driven at the time of the car accident would also be liable if the car was being used with the car owner’s permission at the time of the accident.

Various states have different laws pertaining to automobile accidents.  Michigan’s automobile accident law is distinctly different from other states.  It is important to deal with an automobile accident attorney who is familiar with the automobile accident laws within the State of Michigan.  Attorney James O. Elliott is a highly recognized attorney in the area of automobile accidents within the State of Michigan. He will gladly speak with you at no charge regarding injuries that you, a friend, or a loved one may have received as a result of an automobile accident.  Car accident attorneys can be hired on either a contingency fee basis or an hourly basis.  Most injured victims hire their attorneys on a contingency fee basis since you may no attorney fees unless there is a successful recovery. 

If you are injured in a car accident and if the driver or owner of the automobile that was involved with your car has liability insurance then you will be afforded the opportunity to pursue the individual at which time they will notify their insurance company.  If the driver or owner of the vehicle does not have insurance then your own insurance company would compensate you if you have what is known as uninsured coverage.  If the driver or owner of the car that was involved in the car accident has insurance but not enough to compensate you for your injuries as a result of the automobile accident then your own car insurance company may compensate you if you have what is commonly known as under-insured coverage.  Unfortunately, all insurance companies do not offer both types of coverage therefore you should contact your automobile insurance agent to find out if you are afforded under-insured and uninsured coverage within your policy.

Under Michigan law, we have time limits or what is known as a ‘statute of limitations’ pertaining to the amount of time a person has to bring a lawsuit after an automobile accident.  In reference to a third party automobile accident case within Michigan it is generally three years to file the action.  In reference to a first party automobile accident it is generally one year from the date of the accident to bring an action.  Further, a person under the age of 18 years who has been involved in an automobile accident will generally have until one year after the injured victim’s eighteenth birthday in which to file the law suit.  There are certainly other factors involved that must be considered when filing a law suit as a result of an automobile accident case.  To determine these factors it is best to seek legal advice from an experienced automobile accident attorney as soon as possible after the car accident occurs.  This enables the attorney to thoroughly protect your rights by way of securing the car accident report and assuring that no mistakes have been made within the report.  Further, it is often beneficial to secure the information concerning the at fault driver regarding the car accident and owner of the car that was involved in the car accident before they relocate to a different address or change their insurance company carrier.  Further, affidavits from witnesses can be secured, measurements can be taken and photographs obtained.  These are only some of the ways that an experienced automobile accident attorney such as James O. Elliott can protect your rights.

The improper selection of an attorney is like driving a car without airbags.  You are not protected.  It is important to select an attorney who will personally handle your case and not refer it to an associate, paralegal or another law firm that you have not met.

There are other types of accidents that also fall under the category of vehicular negligence and are covered by insurance, such as:

Motorcycle Accidents
Truck Accidents
Snowmobile Accidents
Boating Accidents

Click here to contact Attorney James O. Elliott for a free legal consultation. He looks forward to speaking with you.

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