After making sure your injuries are properly documented, a Cochran, Foley attorney will make sure you receive the justice and economic benefits you deserve. “The No Fault laws that govern Michigan vehicular accident are very complex but basically involve First-Party and Third-Party Benefits,” explains Terry Cochran, senior partner. “Once we insure that a fully-document, timely claim is filed we will vigorously stay on top of your case until justice is achieved.”

Because Michigan is a no-fault state your insurance company is responsible to pay for most of the economic losses incurred in an accident, such as medical expenses, wage loss, and replacement services. The compensation received from your insurance company is called First-Party Benefits.

Depending on the severity of your injuries, and your level of fault in causing the accident, your Cochran, Foley attorney may determine that you are eligible for a Third-Party Benefits which involves filing a lawsuit against the driver or owner of the vehicle who was negligent and caused the accident. A Third-Party claim seeks to recover compensation for excess economic losses and non-economic damage such as pain, suffering, disfigurement and death.

First-Party benefits are payable to anyone who is injured as the result of a vehicle accident, including a pedestrian struck by a car or truck. First-Party benefits include:

• All reasonable and necessary medical expenses
• Up to 85% of lost earnings for up to three years after the accident
• Replacement services up to three years after the accident, such as housekeeping, yard work, transportation, child care, etc.
• Death benefits which include a survivor’s fringe benefits.

To receive any First-Party benefits the injured person must first file a claim with their automobile insurance company. A passenger or pedestrian without insurance will have a State of Michigan Assigned Claims Facility assign an insurance company to pay their No-Fault benefits.

To file a First-Party claim for No-Fault benefits, written notice must be made within a year of the accident. After a year, the injured person who is denied payments by an insurance carrier is barred from filing a lawsuit. So it is critical to talk with a Cochran, Foley attorney even if you expect to be compensated by your insurance company.

“Victims must be aware, though, of what is known in Michigan as the One Year Back Rule,” cautions Cochran. “This rule limits your recovery of unpaid No-Fault benefits to only those losses incurred within the year prior to the date you file a lawsuit. That’s why timing is so critical!”

In exchange for a reduced premium, No-Fault insurance carriers are required to offer deductibles and benefit exclusions to insured persons who have other health or accident insurance, such as through their employer. That policy becomes primary and the No Fault carrier is the secondary source of benefits. Most motorists have this type of coordination of benefits No-Fault insurance.

Senior citizens especially must be aware that Medicare and Medicaid do not provide coordinated coverage. A Cochran-Foley attorney will help senior citizens and other motorists understand the confusing and complex issues regarding coordination of benefits.

Cochran, Foley offers the following tips for dealing with your No-Fault insurance carrier”:

• Notify your no-fault insurance carrier as soon as practical after a motor vehicle accident occurs
• Timely submit an application for benefits to the adjuster assigned to handle your claim
• Submit monthly to your adjuster detailed records of replacement services and attendant care provided to you
• Submit monthly written record of the mileage you travel for medical appointments, including hospital visits and therapy visits
• If you are claiming lost wages, provide your adjuster with a copy of your most recent paycheck stubs

If a Cochran, Foley attorney determines you are eligible for a Third Party Claim a lawsuit will be filed for wage loss in excess of the three-year statutory maximum as well as non-economic damages such as pain and suffering. Michigan courts limit ability to recover damages on the existence of a threshold injury which the courts define as a “serious impairment of a body function.”

The courts interpretation of threshold injuries have allowed individuals to recover damages when:

• The victim returned to work within three months but was unable to play golf or shoot a basketball (Medukas vs. Williams 2005)
• The victim has a vision impairment preventing them from doing cross stitch or using a camera (Moore vs. Cregeur 2005)
• The victim who returned to work with ligament tear, degenerative arthritis and a foot support (Cornett vs. Bowman 2006)

Anyone with a threshold injury received in a car accident caused by an uninsured or under-insured motorist still may be eligible for recovery, depending upon provisions of their insurance policy. A Cochran, Foley attorney will review your policy to determine exactly what benefits must be paid to you. The attorney also will review your policy and review Michigan law to determine your eligibility for property damage reimbursement, including a possible mini-tort action in Small Claims Court.

Victims of auto accidents in Michigan can receive the maximum damages possible by relying on the expertise and trial experience of the auto accident lawyers at Cochran, Foley & Associates.

If you believe you are a victim, let Cochran, Foley & Associates fight for your rights. There is no obligation for case evaluation and no fee is charged unless a recovery is made. Click here for a free consultation or call 800-322-5543 and ask for Terry Cochran or Lynn Foley.

The Law Offices of Cochran, Foley & Associates, P.C. are dedicated to representing individuals and families who have suffered catastrophic losses as a result of injuries, disabilities and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.

Terry Cochran is a Michigan Auto Accident and Car and Truck Accident Attorney