Generally, when you are involved in a car accident in Michigan, there are three types of insurance claims that may be able to be made. These include car repairs and damages, no-fault insurance benefits, and bodily injury claims. Bodily injury claims are claims for your pain and suffering damages which can include anything from physical injuries, such as fractured and broken bones, back and neck injuries, nerve damage, closed head injuries and traumatic brain injuries, spinal cord injuries, psychological injuries, such as depression and post-traumatic stress disorder (PTSD), as well as denial of social pleasure and enjoyments, and more.
Victims injured in a Michigan car accident who suffer serious injuries can file a bodily injury claim, also known as a personal injury lawsuit, against the driver that caused the collision. However, what most victims do not realize is that the lawsuit can ALSO be filed against the owner of the car that caused the crash as well. For example, if you were driving your car or was a passenger in a vehicle that was struck by another car, and that car that struck you was not being driven by the owner, you do have legal rights to file a claim against the negligent driver, but also the owner as well.
Therefore, under Michigan law, if the driver of the other car was at fault in the accident and you suffered a serious injury or disfigurement (like a scar), you can sue the driver and the owner of the car. A claim is made against the driver and owner, and your damages are covered by their insurance company. This also holds true if you were a pedestrian or bicyclist hit by a car in Michigan. Pedestrians and bicyclists do have the right to sue both the driver and owner of the vehicle for their pain and suffering.
If filing a bodily injury claim, typically the lawsuit must be filed with the court within three years of the date of the accident. If the injured person is a child or a person with a mental disability, this period can often be extended beyond three years. In order to protect your rights, our Buckfire & Buckfire, P.C. personal injury law firm recommends that you contact one of our experienced Michigan auto accident attorneys immediately to find out the time limitations involved in suing the driver and owner of the car that caused the accident.
Even if the owner of the car and driver who caused you injury did not have auto insurance at the time of the crash, you still may be able to recover compensation for your pain and suffering. This however does depend on whether you were riding as a passenger in a car that had uninsured motorists coverage or you were covered by your own insurance policy or a family member’s insurance policy that had uninsured motorist coverage at the time of the accident. This is called an Uninsured Motorists Claim and can play a very important role when trying to receive compensation for your injuries if neither the driver nor owner has an auto insurance policy.
For more information about your legal rights and to see if you are eligible to sue the owner and driver of the car that caused you injury in a personal injury claim, call our top rated Michigan car accident lawyers today at (800) 606-1717. We will discuss your case with you, investigate the collision as to which insurance company is responsible for paying your pain and suffering damages, and collect all evidence and witness statements to prove and win your case. Call now! We offer free legal advice to anyone involved in a Michigan auto accident and represent our clients under our No Fee Promise. This means there are no legal fees whatsoever until we win or settle your case. This formula has worked for our firm and our clients for over 50 years and with our track record of obtaining sizeable settlements for our injured clients and settling cases 95% of the time before even going to court we are able to make that guarantee to you.