Michigan Truck Accident Help Center > What You Can Recover
What You Can Recover After A Michigan Truck Accident
Michigan is a “no-fault” state in regards to motor vehicle accidents. Because a truck is a “motor vehicle,” then the same law applies as in regular car accidents. Under the No-Fault Act, there are two types of claims you can bring: a “first party” claim or a “third party” claim.
Click below to learn more about first and third party claims.
First Party Claim Information
What You Can Recover:
Under this claim, you would sue an insurance company to recover the necessary expenses for your injuries. For example, after you are injured, you can recover:
- Medical bills for life;
- 85% of your lost wages for 3 years;
- $20.00 a day for assistance with your household chores;
- Money for having someone care for your personal needs (i.e. attendant care); and
- Reimbursement for the mileage for driving to and from doctor appointments.
Why would you need an attorney?
Because, quite often, the insurance company will refuse to pay you these benefits. The truck accident attorneys at the Law Offices of Michael Morse handle these claims regularly and can get you the money you deserve.
Who can you recover from?
A claim for reimbursement for the above benefits must be filed against an insurance company. Michigan law places the insurance companies in a certain order that must be followed for making your claim. The order depends on whether you were inside the vehicle at the time of the accident, or whether you were a pedestrian injured by the truck.
If you were inside a vehicle (i.e. a driver or a passenger):
If you were inside a vehicle at the time of the accident, then you seek payment for the above benefits in the following order:
- You claim the benefits from your own insurance company first. If you don’t have insurance, then…
- You claim the benefits from an insurance policy of a relative that lives in your house. If no one in your house has a policy, then…
- You claim benefits from the insurance policy of the owner of the vehicle you were in. If they don’t have insurance, then…
- You claim benefits from the insurance policy of the driver of the vehicle you were in. If they don't have insurance, then…
- The claim will be assigned by the State to an insurance company.
If you were a pedestrian:
- You seek the benefits from your own policy first, if none, then…
- You seek the benefits from the policy of a relative that lives in your house. If none, then…
- You claim the benefits from the insurance policy of the owner of the truck involved in the accident. If they don’t have insurance, then…
- You claim benefits from the insurance policy of the driver of the truck involved in the accident. If they don't have insurance, then…
- The claim will be assigned by the State to an insurance company.
Third Party Claim Information:
Under this claim, you actually sue the negligent driver for your “pain and suffering.” In order to successfully bring a claim against the negligent driver, you must have suffered one of the following:
- Death;
- Scarring or Serious Disfigurement; OR
- A Serious Impairment of an Important Body Function.
-
- This is where you have suffered an
- observable injury (usually proven by an MRI, EMG, CT Scan, x-ray, or surgery)
- of an important body function (for example: movement of your back or neck, or your arms or legs.)
- that has changed your life.
- This is where you have suffered an
The majority of the claims filed by the Law Offices of Michael Morse are claimed under a serious impairment of an important body function. The law in this area is extensive and confusing. This list is not comprehensive and should not limit you from deciding whether you have a claim. Contact our office so experienced professionals can gauge your claim for you, free of charge.
Who can you recover from?
You may be entitled to recover from more than just the negligent truck driver. The trucking company may be liable for the actions of the truck driver because of the employer/employee relationship. Also, if the truck is leased, the lessee (i.e. the one who leased the vehicle to the negligent driver) may be liable.
Further, a negligent design of the injury-causing tractor-trailer truck will result in a products liability case against the semi-truck manufacturer.
Michigan truck accident lawyer Michael Morse and his staff of Michigan truck accident attorneys will maximize your recovery for the injuries you sustain in a Michigan truck accident.
When a Michigan semi-truck, tractor-trailer, big rig, eighteen wheeler or just a regular truck accident leaves you seriously injured, impaired, or hurt, you need attorney Michael Morse to help you through this confusing and difficult process. Call for your free consultation today at 800-281-0606 or email .
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