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 fashion. New laws are passed and the Court of Appeals and Supreme Court decide cases that change the law. As a result, we recommend that you contact a licensed attorney who specializes in this area of the law.
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 educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com
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.
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.
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.
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.
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.
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