Our Michigan auto accident lawyers recently settled a lawsuit for a 49 year old woman against the no-fault insurance company for unpaid no-fault benefits she incurred as a result of injuries she sustained in a motor vehicle accident in Detroit, Michigan. Our client was operating her brother’s motor vehicle on the way home from work on Gratiot when another vehicle crossed the center line and caused a five car accident, one of which was the vehicle being operated by our client.
Our client’s injuries included a fractured ulna, fractured left ankle, and fractured hip, all of which required surgery followed by almost three weeks of intensive physical therapy and a four month stay at an in-patient facility.
She had been working as a general laborer and hi-low driver at the time of the accident. Due to the accident, she missed approximately 18 months of work. As a result of the accident, our client incurred medical expenses, medical mileage, wage loss from her job, attendant care, and replacement services. Under Michigan law, as there existed no auto insurance policies in priority to pay our client’s no-fault benefits, our client made her no-fault claim with the Michigan Assigned Claims Plan. The claim was then assigned to a Michigan insurance company, which was thus required to pay these types of benefits as are reasonable and necessary as a result of injuries sustained in the accident. In this case, the insurance company neglected to make such payments. Thus, a lawsuit was filed in Wayne County Circuit Court seeking payment of these no-fault benefits.
Depositions were taken and discovery exchanged between the parties. Unfortunately, discovery revealed that our client had given a statement on the dates following the accident where she indicated that she had use of her brother’s uninsured car for a period of over 30 days before the accident. Under these circumstances, our client could be deemed an owner of the vehicle as the vehicle was uninsured it would disqualify our client from claiming no-fault benefits.
Despite this issue, our office was able to forward the case and ultimately settle the case with the insurance company for $37,500.00, which covered all her medical expenses and also provided a recovery towards her lost wages.
Contact Our Michigan No-Fault Insurance Lawyers
If you or someone you know is involved in an auto accident, you should contact our auto accident attorneys immediately. We will start investigating your claim and will represent you under our No Fee Promise where we do not collect a fee unless we are successful in obtaining a recovery for you on your case. There are strict time deadlines for filing no-fault accident claims so it is important that you contact us immediately at (800) 606-1717.