Detroit Personal Injury Lawyer - Automobile Accidents

Michigan Property Damage Claims | Michigan Car Accident Lawyer

Daniel Buckfire — Thu, 23 Oct 2008 12:38:00 GMT

The Michigan car accident lawyers at my law firm are often asked about car repairs and how to submit an insurance claim for property damage following a car accident. Generally, your own insurance company pays for repairs to your car through Collision Insurance.

Drivers are not required to purchase a collision insurance policy by the Michigan No Fault Act. This makes collision insurance different from the basic No Fault Insurance policy that IS required by the Act. Even though the law does not require a driver to buy collision insurance, it is still usually a good idea to purchase a policy if you can afford one. The reason is that if you do not have collision insurance, you will have to pay for the repairs to your car even if you were not at fault in the accident. If you were not at fault, you may be able to collect $500.00 from the negligent driver in a “mini-tort claim,” but this is the most you will be able to collect. If you were at fault, you will not be able to collect anything.

If you do have collision insurance, your insurance company will pay for your car repairs. There are three forms of collision insurance and the type of policy you buy determines what exactly your insurance company will pay.

Limited Collision Coverage: Your insurance company pays for the repairs in an accident that was less than 50% your fault, but you have to pay the deductible. In an accident that is more than 50% your fault, the insurance company pays nothing and you have to pay the full cost of repairs unless you win a $500 mini-tort claim against the other driver.
Standard Collision Coverage: Your insurance company pays for the repairs and it does not matter whose fault the accident was. You still have to pay the deductible.
Broad Collision Coverage: Your insurance company pays for the repairs regardless of who was at fault. You have to pay the deductible if you were more than 50% at fault, but you do not have to pay the deductible if you were less than 50% at fault.

So far, we have been talking about repairs to your car, but what if the other car is damaged?

First, DO NOT offer to pay for repairs to the other person’s car, even if you believe you were at fault. Such a statement is admissible in court if the other person files a lawsuit, and you may be liable for significantly more money than the law would require you to pay. Also, most accidents happen so fast, it is often impossible for one driver to determine accurately who was at fault. The best way to determine fault is to have both sides tell their stories and to use evidence from the police report, accident reconstruction experts, and witnesses who were not involved in the accident themselves.

Next, KNOW YOUR RIGHTS under the law. If you have insurance for your car, the most you will have to pay for repairs to the other car is the deductible for the other car. The maximum amount is $500.00. If the other car is uninsured, the other driver may elect to pursue a mini-tort claim against you, and the most you would have to pay is $500.00, even if the total costs of repair are much higher. Moreover, many times your own insurance company will pay the deductible or the mini-tort award.

The best thing to do is consult with an experienced Michigan car accident attorney to determine exactly what type of coverage you have and who has to pay for what in an accident. You should also contact your car insurance agent to evaluate whether the type of insurance policy you have is best suited to your needs.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers | October Most Dangerous Month for Teen Car Accidents

Daniel Buckfire — Sun, 12 Oct 2008 15:13:00 GMT

October is the most dangerous month for teen drivers to get in a Michigan car accident. A recent report suggests drivers ages 16 and 17 are 20% more likely to get in a car accident in October than any other month of the year. Among all drivers, October has historically seen a 25% spike in the number of car accidents reported. The report credits rainy weather, earlier sunsets and corresponding longer nights, and more deer-related car accidents with causing the surge in car accidents. All drivers should take extra time this month to adjust to changing conditions on the road. Older drivers especially should set a good example for teen age drivers by keeping a careful lookout, paying attention while driving, and avoiding things like talking on the cell phone.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers| Child Booster Seats

Daniel Buckfire — Thu, 02 Oct 2008 14:10:00 GMT

A recent study by the Insurance Institute for Highway Safety has concluded many child booster seats do not do a good job protecting children. Car booster seats have only one function: to elevate children so that seat belts designed for adults can safely restrain the children using the seats during a car accident. A poorly functioning booster seat can greatly increase the chance of injury during a crash.

When evaluating the booster seats, the Insurance Institute focused on the placement of the seat belt on the child’s body. A good booster seat positions the lap belt on the child’s upper thighs. This allows the pelvis to absorb the impact of a car accident. The worst booster seats left the lap belt partially or even fully on the child’s abdomen. This increases the chance of injury since the soft abdomen is what absorbs the impact of a crash. Similarly, the best booster seats elevate the child so that the shoulder strap is positioned at mid-shoulder. This allows the bones of the arm, chest, and shoulder absorb the impact. Perhaps more importantly, this position also decreases the chance of chafing at the neck, which could cause a child to put the shoulder strap behind his back or under his arm.

It is important to examine how your child sits in his or her booster seat and I would encourage every parent who reads this to check often as their child grows. Even though Michigan No Fault benefits cover victims of car accidents even if they are children, proper use of safety measures like seat belts and booster seats can minimize or even prevent injuries if a car accident does happen.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers| Deer Accidents

Daniel Buckfire — Wed, 01 Oct 2008 11:08:36 GMT

October and November are the two highest months for car-deer accidents. There are well over 60,000 such accidents each year in Michigan, costing at least $130 million annually. That averages about $2100 per vehicle. In 2007, 11 people were killed and 1614 people were injured.

To avoid damages from striking a deer, drivers can:

· Drive cautiously and slowly in peak months especially between dusk and dawn when most accidents occur

· Do not swerve into other lanes of traffic or off the road if you are about to hit a deer

· Brake firmly and keep both hands on the wheel

· Guide the vehicle to a controlled stop and then steer off the road

If you are injured after hitting a deer, Michigan No Fault benefits will cover your medical expenses, lost wages, and provide you with other benefits just like the policy would for any other car accident.

Originally posted at InjuryBoard by Daniel Buckfire

Distracted Drivers More Likely to Get in Accidents

Daniel Buckfire — Wed, 17 Sep 2008 16:33:00 GMT

Recent studies confirm what many people already know: distracted drivers are more likely to get in an accident and injure themselves or others. It is suspected that text messaging was involved in the recent Los Angeles Metrolink commuter train accident, but thousands of drivers use their cell phones to talk, text, instant message, or email every day.

Five States have banned text messaging while driving. These States include Alaska, Louisiana, Minnesota, New Jersey, and Washington State. The District of Columbia has also enacted a ban. Several other States are considering a ban, including California, Ohio, New York, Pennsylvania, Massachusetts, Nevada, Delaware, and Michigan. These bills range from limiting text messaging to older drivers to a complete ban for all drivers, but their goal is all the same: to eliminate a major distraction and can—and does—cause injuries.

The use of text messaging while driving is most prevalent among younger drivers. According to the Nationwide Insurance survey of 1500 drivers, approximately 40% of drivers under the age of 30 have admitted to texting while driving. Despite the greater likelihood of texting among younger drivers, the problem of driver distraction is experienced across generational gaps. According to the Virginia Tech Transportation Institute, some form of driver inattention within the last 3 seconds plays a role in 80% of all car accidents and in 65% of near-misses.

Originally posted at InjuryBoard by Daniel Buckfire

Under Insured Motorist Insurance for Michigan Car Accidents

Daniel Buckfire — Mon, 15 Sep 2008 14:07:00 GMT

In Michigan, most insurance companies offer underinsured motorist coverage which will provide protection to you and your family in situations where you are involved in an accident with another car which did not have enough liability insurance to cover your damages and injuries.

In Michigan, the minimum liability policy is only $20,000 per person in an accident. Therefore, many times, individuals have injuries and damages which far exceed the other driver’s minimum liability policy of $20,000. In an underinsurance motorist claim, generally, injured persons will have to file a lawsuit against the negligent driver and owner of the other vehicle involved in the accident, as well as make a claim with their own insurance company for the underinsurance motorist coverage.

For example, if individual A has $100,000 in underinsurance motorist coverage and is severely injured due to the negligence of individual B who has only $20,000 in liability coverage, individual A would file a lawsuit against individual B for the $20,000 in liability coverage, and would seek an additional $80,000 in coverage against his or her own insurance company under the underinsurance motorist coverage.

This coverage, along with uninsured motorist coverage, is very inexpensive and probably the most important coverage you can purchase in your auto insurance policy.

If you have any questions on how to make a claim for underinsurance motorist coverage, please call the law firm of Buckfire & Buckfire, P.C. immediately.

There are very strict time limitations in pursuing this type of claim. Therefore, if you are involved in an auto accident, I recommend that you contact an attorney immediately.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan No Fault Insurance Benefits: Lost Wages for Temporarily Unemployed Workers

Daniel Buckfire — Sun, 14 Sep 2008 14:07:00 GMT

Michigan car accident injury victims are entitled to Michigan No-Fault Insurance Benefits for a variety of insurance benefits. These include attendant care benefits, replacement service benefits, medical expenses, and work loss benefits. These benefits are also available to persons injured in Michigan pedestrian accidents, Michigan motorcycle accidents, and Michigan trucking accidents.

Under the Michigan No-Fault Act a person who sustained injuries in a motor vehicle accident is entitled to their work loss benefits, also referred to as “lost wages.” Section 3107(1)(b) of the Michigan No-Fault Act specifically allows for “work loss consisting of loss of income from work an injured person would have performed during the first three years after the date of the accident if he or she had not been injured.” Michigan car accident lawyers must be knowledgeable in the area of wage loss claims and must fully understand that a person not employed on the date and time of an accident, such as being temporarily unemployed, may be entitled for work loss benefits under the Michigan No-Fault Act.

A temporarily unemployed Michigan motor vehicle accident victim must show that the injuries they sustained in the accident resulted in a loss of income that they would have earned from employment. Unlike a lost wage claim if the injured party was working at the time of the accident, then the person is temporarily unemployed, the wage calculation is “based on earned income for the last month employed full time preceding the accident.” It is important that both the client and the attorney determine the gross lost wage for the injured person. Many insurance companies will focus on a partial month as opposed to the “last month employed full time” which can significantly affect a person’s wage loss claim.

As a practical matter, it is very important that the temporarily unemployed injured person be able to produce documents to support the temporary unemployment. These documents would include copies of their resume, applications for employment with potential employers, applications with temporary employment agencies, or any other documents verifying that the injured victim was actively searching for employment at the time of the motor vehicle accident.

Once it is established that the person was in fact temporarily unemployed, the injured party is entitled to 85% of their gross lost wage, up to the statutory monthly maximum, which for the period from October 1, 2007 through September 30, 2008 is $4,713.00 per month.

All Michigan car accident injury victims must file an Application for No-Fault Benefits with the proper Michigan No-Fault Insurance company within one year after the date of the accident to receive benefits. Both claims and lawsuits must be made within one year of the accident or the claim will be barred. An excellent resource for information regarding No-Fault insurance benefits is our book, “The Ultimate Michigan Car Accident Handbook.” A free copy will be sent to you upon your request.

Originally posted at InjuryBoard by Daniel Buckfire

Midland Motorcyclist Killed in Accident in Elk Rapids Township

Daniel Buckfire — Fri, 12 Sep 2008 16:20:00 GMT

A Midland motorcyclist was killed in an accident that occurred in Elk Rapids Township earlier this week. Motorcyclist David Torkelson crossed the centerline and collided with a car in a head on collision. David Torkelson was pronounced dead on the scene, while the driver of the car was taken to the hospital for treatment. She is expected to survive but the severity of her injuries is uncertain. It is not clear what caused the motorcycle to cross the centerline, but the Antrim County Sheriff’s Office have ruled out alcohol and excessive speed as causes of the accident.

I frequently represent victims of motorcycle and car accidents and their families. Head-on collisions are often among the worst accidents because the full force and speed of both vehicles is behind the impact. My thoughts are with both the families, and I wish the car driver a speedy recovery from her injuries.

Even though it is not clear who is at fault, both drivers involved are entitled to No Fault benefits, which include payment of all hospital bills and medical expenses and a portion of Mr. Torkelson’s funeral expenses as well as additional benefits for the car driver depending on the severity of her injuries. These benefits could include payment for household chores that she can no longer do for herself and for any care or supervision of the injured driver that is required as a result of the accident. Finally, if she has to miss work because of injuries suffered in this car accident, her No Fault insurance will pay benefits for their lost wages.

The injury victims may also have claims for their personal injuries suffered in the accident. The driver who was determined to be free of fault would also have a claim against the negligent driver. If the motorcycle crossed the centerline because of someone else’s negligence, Mr. Torkelson’s family would have a wrongful death claim.

Originally posted at InjuryBoard by Daniel Buckfire

Uninsured Motorist Insurance for Michigan Car Accidents

Daniel Buckfire — Fri, 12 Sep 2008 14:28:02 GMT

If you are ever in an accident with an uninsured automobile, you have two potential claims arising out of the automobile accident. The first claim you have is for no-fault benefits, which will cover your damages for loss wages, medical expenses and household chores. Even if the other driver did not have insurance, but you owned your own automobile which had car insurance, or you were living with a relative who had car insurance, you are able to make a claim for no-fault benefits through your automobile insurance company or your relative’s automobile insurance company. Even if you did not have automobile insurance or you were not living with a relative who did not have automobile insurance, you are able to make a claim for no-fault benefits through the Michigan Assigned Claims Facility. If you have any questions on how to make a claim for no-fault benefits, please call the law firm of Buckfire & Buckfire, P.C. immediately.

In addition to making a claim for no-fault benefits, if you had your own automobile insurance which had uninsured motorist coverage or were living with a relative who had automobile insurance which had uninsured motorist coverage, you may be able to make a claim against the insurance company for uninsured motorist coverage, which will cover all of your non-economic damages, including damages for pain and suffering and disfigurement. Additionally, you may make a claim for any excess economic damages over and above which you are entitled to receive in no-fault benefits. If you have any questions on how to make a claim for uninsured motorist coverage benefits, please call the law firm of Buckfire & Buckfire, P.C. immediately.

There are very strict time limitations in pursuing these types of claims. Therefore, if you are involved in an auto accident, we recommend that you contact an attorney immediately.

Originally posted at InjuryBoard by Daniel Buckfire

Rollover Motor Vehicle Accidents

Daniel Buckfire — Fri, 12 Sep 2008 14:00:26 GMT

Rollover motor vehicle accidents quite often result in life altering injuries, permanent disability or even death. Determining the cause of an SUV rollover and the parties responsible is a difficult and complex process. The auto and tire industries have been slow to accept responsibility for the design defects which cause or contribute to cause vehicles to roll over. In almost every case, they attempt to blame the driver for failure to maintain control of the vehicle or driving too fast for conditions.

Personal injuries from rollover accidents can occur in any vehicle including passenger vehicles, but minivans, pickup truck and sport utility vehicle (SUV) have a greater chance of a single vehicle crash rollover. This is primarily due to the fact that these vehicles are taller (higher center of gravity) and narrower.

Even a 5 start rated vehicle has a 10% chance of a roll over accident.[1] Per the National Highway Traffic Safety Administration (NHTSA), about 95% of rollovers are tripped - meaning the vehicle strikes something low, such as a curb or shallow ditch, causing it to tip over. The Insurance Institute for Highway Safety (IIHS) lists the causes of rollover accidents:

Most rollovers occur when a driver loses control of a vehicle, and it begins to slide sideways. When this happens, something can "trip" the vehicle and cause it to roll over. This tripping object could be a curb, guardrail, tree stump, or soft or uneven ground on the side of the roadway. Rollovers also can occur when a driver attempts to turn a vehicle too aggressively — at a high velocity or with a tight turning radius. In such conditions, the frictional force between the tires and road surface can cause the vehicle to tip up and then roll over. These crashes generally are referred to as "untripped" or "frictional" rollovers. Though less frequent, rollovers can be caused by other factors, such as when one side of a vehicle is flipped up suddenly by a guardrail or other ramp-like object or when a vehicle falls sideways or front-first down an embankment.

A multiple-vehicle crash can initiate a rollover if it causes a driver to lose control, or a vehicle may roll directly after being struck in the side by another vehicle. However, about three-fourths of vehicles that rollover in fatal crashes are in single-vehicle crashes. More than half of all occupants killed in single-vehicle crashes are involved in rollovers.

NHTSA data also show that nearly 85% of all rollover-related fatalities are the result of single-vehicle crashes. This means that the majority of rollover crashes and fatalities do not involve any other vehicle besides the one that rolled over, further suggesting that driver behavior plays a significant role in rollover crashes. Furthermore, NHTSA data also suggest that over 90% of the vehicles in fatal, single-vehicle rollover crashes were involved in routine driving maneuvers (going straight or negotiating a curve) at the time of the crash. This further suggests that driver behavior (distraction, inattentiveness, speeding, and impaired driving) plays a significant role in rollover crashes.

[1] Safecar.gov; NHTSA;

Originally posted at InjuryBoard by Daniel Buckfire