What are my rights in a auto accident caused by my husband

Asked 9 months ago - Howell, MI

I was a passenger in a dodge dually 3500 my husband was driving and went thru a stop sign and hit another driver . I injured my shoulder and went to the hospital and nothing was broken. But it has been a week today and I have limited motion in my shoulder and will probably have to go to the dr again . I need to understand my rights since it was my husband fault. I also need to find out why the airbags did not deploy is that a dodge responsibility ?

Attorney answers (5)

  1. Steven M. Gursten

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . I'm sorry to hear about your car accident. As a passenger in a car driven by your husband, you will still have 3 potential cases under Michigan law - this graphic will give you more information on each: http://www.michiganautolaw.com/no-fault/3-poten....
    Even though it is your husband, his own insurance company should defend the case and pay up to your insurance policy limits if he was the at-fault driver who caused your injury. In addition, you will turn to your own insurance company to collect your no fault insurance benefits, including medical and wage loss if you were employed.
    Airbags are a different and very complex issue, that gets into forces of impact, acceleration and changes to the delta v/change in velocity of the vehicle, and, unfortunately, Michigan's product liability laws, which are likely the worst in the country. While we also do automotive product liability cases, in a nutshell what I advise people is that unless you suffered a catastrophic injury, I would stay away from pursuing any product case because of the costs and the caps imposed by the Legislature.
    I hope this helps. Happy to answer any further questions you have on your legal rights.

  2. Gerald R Stahl

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . As usual Mr. Gursten stole the show with a very good answer. Just a couple of side notes for you. Your insurance company will have to pay your PIP benefits. PIP benefits include all medical treatment for your injuries related to the accident. Therefore, do not be afraid to follow up with CT scans or MRI's to make sure your shoulder is alright. Hopefully nothing is serious, but if it is, you will get treated and you may be able to make your Bodily Injury claim. Good Luck!

  3. David B. Carter Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You have a cause of action against your husband. His insurance company has a duty to defend and would pay out any award within policy limits. You being married will have no impact on this.

  4. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with Attorney Gursten.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree with the above answers

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