Articles Posted in Car Accidents

When involved in a car accident, you might not be in pain right away. Some people feel the pain and soreness the day after, and if that is the case, you should see your primary care physician and follow their advice.

Also, you will need to contact your auto insurance company and fill out an application for benefits. This will let the insurance company know of the accident and it is a way for your to collect the benefits that you are entitled to. You are entitled to certain benefits (called PIP benefits) from the insurance company, regardless if you are at fault or not. PIP benefits include things such as lifetime medical expenses, wage loss for up to three years, attendant care benefits, and household replacement services.

In addition to these benefits, a third party law suit can also be filed against the at fault driver of the accident. This suit is if you are seeking damages for pain and suffering. The standard that one must prove is to show that there was a serious impairment of a body function as a result of the accident.

We know that talking on the phone while driving or texting while driving is distracting. But how distracting is it? According to Car and Driver Magazine, a huge distraction. In a short test they conducted they found that texting and talking on the phone while driving was actually more dangerous when it came to stopping distances than drunk driving. Other studies have come to the same conclusion. This is a staggering fact given that most of the laws in Michigan focus on drunk driving.

Our firm has been instrumental in convincing insurance companies to pay attorney fees as part of the total resolution of no fault claims. Recently, the firm has had many cases settle with the payment of attorney fees as part of the claim. While attorneys do not like to pay those fees, sometimes it becomes necessary because the exposure to such fees can be so high.

The law holds that if an insurer does not pay benefits within thirty days of receipt of reasonable proof, then they run the risk of being on the hook for the payment of attorney fees. This is especially true if the Jury finds that the refusal to pay or delay in payment was unreasonable and awards penalty interest.

The insurance company assumes the risk that the decision to terminate benefits or delay payment was reasonable. In fact, there is a presumption of unreasonableness for every delay made by an insurance company.

The following are more practical ways to keep yourself and your family safe:

-NO TEXTING AND DRIVING:

Deadly distractions such as texting while driving are becoming increasingly more common. Texting is an intrigal part of our everyday life. However, is not a harmless action because you have to take your eyes off the road to text and traffic conditions can change very quickly. During that time, a vehicle can pull out in front of you: You may go through an intersection on a red-light: You may not be able to stop in time and rear-end the vehicle in front of you. The person you hurt may not be the other guy, it may be you and your family.

This question can be very complicated. However, the simple answer is every person is entitled to have all medical bills paid for all reasonably necessary medical treatment arising out of injuries sustained in the auto accident. (exceptions are rare) Determining which company should pay first is not always an easy analysis. It involves a detailed information intake. Most auto insurance policies have coordinated medical plans. Simply put, this means your private health insurance plan pays first according to its rules. This company is most likely primary for the payment of your medical bills. Whatever is left is then paid by the auto insurance company.

If you are a named insured on either your private health or auto plan or you elected the coverage plans for either of your health or auto plans, you will have to follow your private health plan’s rules before the auto insurance company is responsible for paying your medical bills. If you have an HMO, it is important to stay within your network and get the necessary referrals to be eligible. There are some rare exceptions. If you have questions about this please call our office before handling these issues on your own.

If your private health insurance is Medicare/Medicaid, neither is primary and entitled to reimbursement for any conditional payments made pertaining to your auto accident related treatment. If your health insurance plan is a qualified ERISA plan, then it might also be entitled to reimbursement. If you have no health insurance, you are not barred from having the auto insurance pay for your medical bills. If you thought you had coordinated coverage with your private health insurance plan, but later find out you have uncoordinated coverage with your health plan, this fact alone will not bar you from first submitting medical bills for payment to your auto insurance for payment.

According to USA Today, motorcycle accidents are responsible for the deaths of 12 people every day in the United States. The leading cause of death in these accidents is not surprisingly head injuries. Although nearly every other type of traffic fatality has gone down, motorcycle fatalities have been on the rise for the last 11 years (with the exception of last year which experts attribute to the economy).

Although almost all states have helmet laws, only 20 states require them for all riders (Michigan included). Many states only require helmets for riders under 18. The National Transportation Safety Board (NTSB) is urging these states to enact more stringent helmet laws, requiring all riders to wear them.

Many enthusiasts disagree with NTSB and think that awareness and rider education are the solution rather than mandatory helmet laws. Whatever your view, it is clear that unfortunately many fatal motorcycle accidents occur each year and in a disproportionate amount. Although motorcycles only account for 3% of all traffic accidents, they represent 13% of all traffic accident fatalities.