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DO I HAVE A CASE WAS IN AUTO ACCIDENT, THEY GOT FAILURE TO YEILD AND HIT ME ON PASSENGER SIDE. MY CAR WAS TOTALED.

Howell, MI |

NO ONE IN THE OTHER CAR WAS INJURED. I AM 7 MONTHS PREGNANT AND HAD TO GO TO THE HOSPITAL AND BE MONITORED FOR 8HRS, BABY IS FINE, I HAVE BRUISES AND ACHES AND PAINS, CAN I GET THEM TO PAY FOR MY HOSPITAL BILLS, CAR, MENTAL SUFFERING?

Attorney Answers 6


  1. Yes, contact a local personal injury to protect your rights and the rights of your unborn child. Do not speak with the other driver's insurance company or sign anything until you speak to an attorney. Good luck.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Sidney Weinstein, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Sidney Weinstein, sidweinsteinlaw@att.net, (404) 522-3108.


  2. Find yourself a personal injury attorney to monitor your situation. Focus on getting better and taking care of that baby. Keep in mind that there are time limits for seeking remedies and you can't drag your feet!

    Good luck.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.


  3. I believe everyone is going to tell you you have a claim based on what you have presented. Obviously, you need to report the matter to your insurance company. Get all your medical bills together. Don't talk to the other person's ins co until you get a lawyer. That is what you ought to do first thing in the morning. Don't just rely on TV ads. Get a hard working attorney to make sure you and your baby are taken care of. Good luck.

    The information provided should not be considered legal advice. I am not licensed to practice in any State other than SC. The results of your case will depend on the presentation of evidence, the law and other factors that may change depending on an in depth analysis of the facts of the case. Please see an attorney before making legal decisions.


  4. You will not have any case for medical bills because Michigan is a no fault state. You may have a case for pain and suffering, but Michigan also has a serious impairment threshold you will have to meet first in order to recover. It is very different in most other states. Happy to talk you through your legal rights tomorrow. I hope you feel better.


  5. As usual, every attorney from outside of Michigan has no idea how things work here and is giving wrong advice. I am baffled by it again and again. Only Steve Gursten is right; you have seek to recover medical bills from your own insurance -- not the other driver's. And while I am very pleased that you and your baby are not more seriously hurt, the injuries you described do not meet our thresholds. If this is it, you have nothing. But you have 3 years to see if this is the extent of the injury.


  6. Brief Explanation of Michigan No-Fault Insurance

    NO-FAULT INSURANCE is required by law in Michigan. Every owner of a car must buy certain basic coverages in order to get license plates. It is against the law to drive or let your car be driven without no-fault insurance.
    If you have an auto accident, no-fault insurance pays for your medical expenses, wage loss benefits, replacement services, and the damage you do to other people’s property. It does not matter who caused the accident.
    Your basic no-fault insurance does NOT pay for repairs to your car. For an explanation of insurance coverages providing protection for your car, see the next page of this sheet.
    The Basic No-Fault Policy You Must Buy Has Three Parts:
    1. Personal Injury Protection (PIP)
    If you are hurt in an auto accident, this part of your no-fault policy will pay all of your medical costs. It will also pay up to 85% of the income you would have earned if you had not been hurt, for up to three years. However, the amount that you would be paid for lost income is limited and the limit is revised annually. Effective 10/1/12, the maximum is $5,189 per month. If you are killed in an accident, your policy will pay your family up to $5,189 per month for three years, depending upon what they would have received from your earnings and fringe benefits. In addition, you are entitled to “up to” $20 per day in replacement services. This is to pay for routine household services which injured persons are no longer able to provide for themselves or their families, such as housekeeping and yard work.
    2. Property Protection (PPI)
    No-fault will pay up to $1 million for damage your car does in Michigan to other people’s property, such as buildings and fences. It will also pay for damage your car does to another person’s properly parked vehicle. It does not pay for any other damage to cars.
    3. Residual Liability Insurance - Bodily Injury and Property Damage
    The no-fault law protects insured persons from being sued as a result of an auto accident except in certain special situations. In general, you can only be sued:
    (a) if you cause an accident in Michigan in which someone is killed, seriously injured, or permanently disfigured;
    (b) if you are involved in an accident in Michigan with a non-resident who is an occupant of a motor vehicle not registered in Michigan;
    (c) if you are involved in an accident in another state; or
    (d) forupto$500ifyouare50%ormoreat fault in an accident which causes damages to another person’s car which are not covered by insurance.
    Your required minimum coverage no-fault policy will pay up to certain amounts if you are found legally responsible. Although you may purchase additional coverage with higher limits, the minimum coverage offers:
     Up to $20,000 for a person who is hurt or killed in an accident,
     Up to $40,000 for each accident if several people are hurt or killed.
     Up to $10,000 for property damage in another state.

    The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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