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In Mich if a person was at fault making a left turn but was not given a ticket, but was hurt. can they still get pain/suffering

Flint, MI |

The left turn lane did not have a separate light and the light was green for both driver but the police report stated there was a witness walking that said the older man making the turn was at fault. Neither driver received a ticket. but the older man at fault was hurt when the driver going straight ahead hit him. he had car insurance on his car, so can the at fault driver receive pain and suffering or any claim?

Attorney Answers 5

  1. At fault drivers are not entitled to injury settlement by virtue of the fact their actions caused the incident resulting in their injuries. Otherwise people would be running into walls and suing for monetary settlements.

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  2. Mr. Andriotis is incorrect. Please do not take any advice from any attorney that is not licensed to practice in MICHIGAN. Michigan is a no-fault insurance state. That means that the elderly driver CAN make a claim to his insurance to cover the medical expense of his injuries, lost wages, and replacement services. The injured driver should contact a MICHIGAN auto accident attorney ASAP!

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights.

  3. The police are not the final word on fault. The lack of a ticket is important too. In Michigan, the injury must meet a certain threshold, so that is also important. You should immediately discuss all your rights (no fault and third party) with a AVVO 10.0 rated attorney who will often give free consultations, like myself.

    My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.

  4. Sounds like you may make a personal injury protection claim for the treatment of your injuries and lost wages. However, making a claim against the other driver's insurance will require more work since you were found at fault. Nevertheless, do not take the officer's assessment of fault as gospel. There may be factors that were missed at the scene. Contact a local attorney for further guidance.

  5. More info is needed to evaluate. Call one of the above lawyers in your state to discuss the facts and circumstances.

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