Last year in the fall/winter of 2012 my grandmother was invovled in a slip and fall in a moving vehicle. She is in a wheel chair

Asked over 1 year ago - Southfield, MI

and the driver did not strap her in properly. To make a long story short he turned a corner sharp and she was sideways in the back of his truck. My grandmother had knee surgey in 2011 and since is still recovering. She was immediately token to the hospital afterwards and is still recovering in a rehabilitation center , It also turns out that they guy doesnt have insurance on the truck or company so is it worth pursuing the mater in court? MY grandmother is 80 years old , doesnt really have an income and collects roughly $300 a month. The accident took place in Detroit ,MI

Attorney answers (8)

  1. Jason A. Waechter

    Contributor Level 7

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    Answered . I had a similar case where the driver of a bus did not properly secure a wheelchair passenger properly. The driver has a duty, in my opinion, to properly strapped in a person in a wheelchair. It must be done in a reasonable way and not negligently. If there is no insurance on the negligent party there may be coverage if your grandmother has uninsured motorist coverage herself or even if someone, a resident relative, has it in her household. She would also be entitled to Michigan no-fault benefits which includes medical bills paid for life, attendant care and other services.

    Dictated by Dragon Dictation system so may not be perfect

    not a complete and all encompassing informative guide to the law. Every year, the Michigan Law changes in some... more
  2. Brian A. McKenna

    Pro

    Contributor Level 7

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    Answered . Yes there is probably help for your grandmother. As long as she was not the owner of the vehicle she was traveling in she is entitled to no-fault benefits (http://legislature.mi.gov/doc.aspx?mcl-500-3107). Also, if she, or any resident relative had uninsured motorist benefits on their motor vehicle on the date of her accident, she may be entitled to benefits under that coverage. She should talk to an attorney as soon as possible. There are notice issues to carriers on these types of claims.

  3. Jeffrey Mark Adams

    Contributor Level 20

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    Answered . Very sorry for what your granddaughter and family are experiencing. If you have qualified and able personal injury counsel, then all avenues of recovery are probably being pursued. If you don't have counsel, act immediately to find an advocate. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  4. Robert Bruce Kopelson

    Contributor Level 20

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    Answered . Im wondering how this guy was operating without any insurance. Was this a friend? If this guy was running a business, he may have needed a special license and likely had ins reqts. if he was a taxi service, the dispatch company may have liability, etc. Id consult a local atty asap.

  5. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Have a local lawyer review the coverage.

  6. Daniel J. Melican

    Contributor Level 14

    7

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    Answered . She would still be entitled to no-fault benefits even if the driver/owner was uninsured. Who did she live with at the time of the accident ? Were there any insured vehicles in the household?

    Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.
  7. Joseph Mark Miller

    Contributor Level 9

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    Answered . I agree with what is said below. However, another possible avenue to consider is whether this driver was contracted with through your grandmother's assisted living facility, if indeed that applies. Your question didn't mention if she was being transported from her private residence or from a "nursing home," etc. If so, there may be insurance coverage through the facility. Just a thought. I wish your grandmother a successful recovery.

  8. George G. Burke III

    Contributor Level 11

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    Lawyers agree

    Answered . Act immediately. The other writers are correct about the No-Fault benefits, but it may be too late to obtain no fault benefits as it is not clear what the date of the accident was. Consult with an attorney that handles Michigan No-Fault benefits. Michigan No-Fault (PIP) claims have a 1 year statute of limitations and a one-year back rule. See link.
    http://www.legislature.mi.gov/(S(epuuckif2t5frg...

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