If you’ve been in a car accident that was not your fault, your life will undoubtedly have been affected in many ways. You may have sustained injuries. These injuries may take a long time for you to recover from, or they could be life-changing. As a result of the crash, you may have sustained trauma. Post-traumatic stress following a car accident can have a massive impact on your life and your mental health. You may have endured a loss of earnings in addition to the physical and mental problems you may have experienced as a result of the crash. On top of this financial loss, there will also be the damage to your vehicle to factor in too. To get your back on track again, you will need to be financially compensated. If another driver was at fault, you might find yourself asking the question, ‘can you sue a driver in Michigan for an accident?’
In this article, we’ll discuss how you can go about suing a driver in Michigan if you’ve been in an accident.
Can you sue a driver in Michigan for an accident?
Although there may be some compensation awarded to you from your PIP insurance, if you suffer injury as a result of a car accident, this might not be enough to cover all of the costs associated with your losses. Often, the only way forward will be for you to file a lawsuit against the at-fault driver. This type of action is also referred to as an “auto negligence claim” or “liability claim.” This is especially true for anyone injured in an automobile accident, given the recent changes brought about by the no-fault insurance reforms of 2019.
What type of damages can be claimed in an auto-negligence claim?
When you hire a lawyer to file an auto-negligence claim against the driver who is at fault, there are two types of damage you can ask for. These damages are ones that you would not be entitled to receive insurance benefits fo
- Non-economic damages– This will include a claim for any pain and suffering that you’ve experienced, as well as other negative changes to the quality of your life.
- Excess economic loss damages– This will include claims regarding out-of-pocket expenses not covered with your no-fault insurance settlement.
There are some stringent requirements associated with these areas. If these are not met, then you cannot bring a claim of auto negligence against the at-fault driver.
Due to the nature of these requirements, it is highly recommended that you seek the assistance of an injury lawyer who will be able to ensure your claim is solid.
Who can file a lawsuit against an at-fault driver?
Negligence is the legal term for fault. It implies that someone failed to act in a reasonably careful manner. The types of violation that this might apply to in Michigan would be speeding, running a red light, not stopping at a stop sign, failure to yield, and incorrect use of lanes. For a claim to be brought against another driver, they have to be deemed to be at fault. This must be something that you must be able to demonstrate as the first requirement for bringing the claim. There may be occasions where you are partially responsible for the accident. In this scenario, you can still make a claim; however, the damages you receive will be reduced.
This is called a comparative fault, and where the blame is 30% with you and 70% with the other driver, you can expect to see a 30% reduction in your claim. If you are more than 50% at fault in the accident, you cannot claim it against the other driver.
Who pays the damages for car accident lawsuits?
In the event of an auto negligence claim, these are typically paid by the at-fault driver’s insurance company. Where a lawsuit is filed to receive compensation, the negligent driver should be the only person who is named on the lawsuit. The at-fault driver’s insurance company will pay the damages up to the total level of liability coverage that the driver had purchased.
If you’ve been in a car accident and require legal advice, then give us a call. Here at Fisher, Fowler, and Williams, we are always happy to help.