MI Accident Litigation

At Erlich, Rosen, Bartnick & Cook, P.C., we know that your experience understanding MI accident laws may have come about only because of your accident. You may be a long-time resident of Michigan, or a newcomer to our state. The laws surrounding accident litigation in the state of Michigan differ greatly from those in most states. Many accident victims do not realize these great differences or have misconceptions about Michigan accident litigation. If you or a loved one have recently been the victim of an auto accident, in the state of Michigan, it is important that you understand the laws that govern the state.

Michigan Auto Accident Litigation:

Comparative Negligence
Michigan state laws determine "comparative negligence" allocation liability based upon the level of fault of each involved party. Even if you played a role in the accident you may still have a car accident claim. Only an experienced auto accident attorney can help you determine if you in fact have a case and if so, the amount of compensation to which you are entitled.

First Party Insurance
The Michigan “no fault” law states that drivers are required to maintain “first party” insurance which covers medical treatment and rehabilitation costs for that driver and anyone traveling in their car. The No Fault Act in essence states that people, rather than automobiles, are insured against loss or damage.

Third Party Insurance
The Michigan "no fault" law was designed to discourage lawsuits and litigation by placing much of the responsibility, for losses incurred in an auto accident, on the vehicle owner. Under the No-Fault Statute, a driver is responsible for insuring their own vehicle and its contents, in case of an accident. If a driver is completely innocent, meaning they had no fault in the accident, but they did not carry insurance, they will only be able to recover a small amount of damages from the “at fault” party’s insurance company.

It is also up to the individual driver’s insurance company to cover 100% of the cost of medical treatment, rehabilitation, other damages, and 85% for lost wages regardless of fault. A victim can file a lawsuit for excess wage loss and for pain and suffering. If you are considered more than 50% at fault you may not be able to file a lawsuit against the other driver.

If you are in need of legal representation or counsel surrounding Michigan accident litigation, please call Erlich, Rosen, Bartnick & Cook at 877-453-2840 or contact us online to arrange an appointment.