- December 2, 2024
You'll never have a moment to prepare for a car accident. You'll just be in the middle of the aftermath trying to be calm. That's why you should know what to do long before an accident happens.
At Goodman Acker PC, our lawyers have over 150 years of combined experience protecting all types of clients. The steps (or missteps) you take immediately after the incident can affect your case and recovery.
Michigan, being one of the few no-fault insurance states, has challenges for victims of car crashes. The system was designed to ease and streamline the process, but at some points it's trickier to take on. You can easily miss deadlines, invalidate evidence, or accept too small of a settlement if you proceed without representation.
Contact us online, and let us safeguard your rights and future.
What Should I Do When There's an Accident?
Go to the Doctor
Before worrying about legal issues, handle the medical needs. This is important evidence so don't overlook it and take pictures if you can. Even if you think your injuries are minor, get assistance.
Your symptoms may not show up for days or weeks. Seemingly minor spinal injuries can take a drastic turn as bone fragments sink deeper into soft tissue. Disk injuries are notoriously slow to reveal themselves.
Contact Your Insurance Company
Call your insurance company and report the details of the accident. You might even have an app from the company to help you detail the incident. You must report within three days, but sooner is always better.
Write down your questions and research answers. The incident was traumatic and the details will become clouded over time.
Do not sign anything or admit fault. Don't even sign a thing from your own insurance company. By definition, they are not on your side. Contact a lawyer as soon as possible.
My Insurance Company's not My Friend?
You're their customer, not their friend. How do they make money? By making sure to receive more in premiums than they pay to victims. It's their business model to deny claims and minimize settlements.
They will do what they can to avoid expensive costs. They know you will receive a better settlement as soon as your lawyer gets involved, so they want to settle before that happens. Don't let them. Educate yourself with our free resources.
Your attorney will immediately begin gathering evidence, interviewing witnesses, and reviewing the police reportpolice report. Victims who delay getting representation may end up with smaller settlements and less support for long-term injuries. Courts exploit the delay, using it to find another blame for your injuries or challenge your veracity. They can challenge the timeframe of your injuries and recovery.
What Makes Michigan Car Accidents Unique?
Michigan is a no-fault insurance state. You can't get licensing, drive, or let your car be driven without it. It exists to pay for your injuries, lost wages, and damage you do to others' property.
This type of insurance does not concern itself with the cause of the accident or car repairs. In theory, it streamlines the legal process. The courts don't focus on blame. They focus on getting the right settlement for every situation.
In practice, that means what you know about insurance from other states might not apply to Michigan. Many other states use the at-fault system and concern themselves with liability.
At our law firm, your car accident lawyer will be your partner who is skilled and experienced with Michigan insurance laws. They are ever-changing, and not like other states.
How Late Is Too Late After a Car Accident?
You want to get an attorney's help with your case sooner rather than later. Your symptoms could appear weeks or months after the accident.
You have up to three years to file a bodily injury or wrongful death claim. The statute of limitations for uninsured or underinsured motorist claims might be shorter, so get your car accident attorney to review the policy.
Nothing in the legal system is ever that simple, however. Many loopholes exist can put your case in jeopardy. For example, you must act quickly in the case of truck crashes because the trucking company can dispose of evidence as early as three months after the incident if you haven't proven negligence.
When public transportation or the federal government is involved, the forms and schedules are even more stringent. You don't want to handle that alone.
Common Mistakes to Avoid After a Car Accident
The moments following a car accident are stressful, and it's easy to make decisions that could harm your case. Here are some mistakes to avoid:
Don't Post on Social Media
Resist the urge to share details about your accident on social media platforms. Insurance companies and defense attorneys actively monitor social media accounts for evidence they can use against you.
Even innocent posts about your daily activities could be twisted to minimize your injuries or dispute your claims.
Don't Discuss Fault with Other Drivers
Avoid apologizing or making statements about who caused the accident, even if you think you might be partially responsible. As mentioned, Michigan is a no-fault state, but statements about fault could still impact your case. This is especially true if it involves serious injuries that allow you to step outside the no-fault system.
Don't Accept Initial Settlement Offers Without Review
Insurance companies often make quick settlement offers hoping you'll accept before understanding the full extent of your injuries. These early offers typically undervalue your claim and may not account for:
- Future medical treatments
- Long-term rehabilitation needs
- Lost wages and earning potential
- Ongoing pain and suffering
Don't Give Recorded Statements to Insurance Companies
While you must report the accident, you're not required to provide a recorded statement to any insurance company (including your own) without legal representation.
Insurance adjusters are trained to ask questions that could potentially minimize your claim or shift liability.
Understanding Your Compensation Rights After a Car Accident
When you're involved in a car accident, you may be entitled to different forms of compensation. Understanding these different categories can help you pursue full and fair recovery for your losses.
Here's a breakdown of potential compensation types:
1. Medical Expenses
Current Medical Costs:
- Emergency room visits and hospital stays
- Diagnostic tests and imaging (X-rays, MRIs, CT scans)
- Surgeries and medical procedures
- Prescription medications
- Physical therapy sessions
- Medical equipment (crutches, wheelchairs, braces)
- Ambulance transportation
Future Medical Expenses:
- Ongoing treatment and therapy
- Future surgeries
- Long-term medication needs
- Regular medical check-ups
- Anticipated medical procedures
- Future rehabilitation costs
2. Lost Income and Earnings
Immediate Wage Loss:
- Missed work days during recovery
- Lost wages from medical appointments
- Reduced hours due to injury
- Lost bonuses or commissions
- Used vacation or sick time
Future Economic Losses:
- Reduced earning capacity
- Lost career advancement opportunities
- Job retraining expenses
- Disability-related income loss
- Lost retirement contributions
- Impact on pension benefits
3. Pain and Suffering
Physical Suffering:
- Chronic pain
- Physical discomfort
- Sleep disturbances
- Limited mobility
- Physical limitations affecting daily life
Emotional Distress:
- Mental anguish
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Emotional impact on relationships
- Fear of driving or traveling
4. Property Damage
- Vehicle repair or replacement costs
- Damage to personal items in the vehicle
- Rental car expenses
- Diminished vehicle value
- Custom vehicle modifications for disability
- Towing and storage fees
Understanding Michigan's No-Fault Benefits
Under Michigan's no-fault insurance system, you're entitled to specific benefits regardless of who caused the accident:
Personal Injury Protection (PIP) Benefits
- Medical expenses coverage
- In 2019, Governor Whitmer signed Senate Bill 1 into law. The bill eases the requirements for no-fault PIP.
- Drivers no longer have to carry full coverage and can instead put a $50,000 cap on medical benefits provided by PIP.
- Because of this, drivers are expected to see a 45% reduction in their insurance bill.
Special Considerations
- Serious impairment threshold for additional claims
- Death benefits for fatal accidents
- Coordination with other insurance coverage
- Time limits for filing claims
The specific compensation you may receive depends on factors, including:
- The severity of your injuries
- Your insurance coverage
- The impact on your daily life
- The circumstances of the accident
- Whether you meet Michigan's serious impairment threshold
Working with an experienced car crash attorney helps confirm that all potential areas of compensation are thoroughly evaluated and properly documented in your claim.
Your lawyer will help gather the necessary evidence to support each category of damages and negotiate with insurance companies to secure the compensation you need.
Don’t Delay, Get in Touch with Car Accident Lawyer Today
After a car crash, your insurance company is ready to settle for as little as possible. Yes, they are here to help you but don't work with them by yourself. Be ready to call our trusted team of lawyers.
In addition to pain and stress, you have a complicated legal system. Our experienced personal injury lawyers can ease the pressure. At Goodman Acker P.C., we promise to be attentive, aggressive, and knowledgeable. Contact us for a free consultation and we'll help you recover.
Contact us online, and let us safeguard your rights and future.