Detroit Personal Injury Lawyer - No fault

Underinsured Motorist Insurance Advice

Daniel Buckfire — Sat, 13 Dec 2008 16:36:00 GMT

As a lawyer whose firm represents clients injured in motorcycle accidents, my clients and other individuals often ask me about types of insurance they should buy for their motorcycles. I am always happy to review someone’s insurance policy and give them my recommendation.

Underinsured motorist (UIM) coverage is one of the most important, but least understood, parts of any insurance package. UIM insurance is similar to uninsured motorist insurance in that both types of policies fills in gaps left open by the failure of another person to fully insure their own negligence.

Underinsured motorist insurance is used when a motorcyclist is involved in an accident with an insured vehicle, but the insurance coverage is minimal or insufficient to fully compensate the injured motorcyclist for injuries sustained in the accident. As with uninsured motorist coverage, the injured motorcyclist files a claim with his or her own insurance company to make up for the other driver’s shortfall.

For example, in Michigan, many drivers only have $20,000 minimum in insurance coverage, which is the minimum amount required by law. Suppose a motorcyclist was involved in an accident with someone who has only $20,000 in coverage and that unfortunately, the motorcyclist’s medical bills alone cost over $45,000 and the motorcyclist had to miss work for 6 months while undergoing rehabilitation and physical therapy. Without UIM coverage, that motorcyclist could only receive up to $20,000 in compensation for his or her injuries and would have to bear the additional cost of the injuries without any help. But if the motorcyclist had purchased a UIM policy for $500,000, then he or she could claim the difference between their UIM policy’s limit and the amount that was covered by the other driver’s insurance. In this example, that would be up to an extra $480,000.

Underinsured motorist coverage is very inexpensive and, as this example shows, is an extremely important part of an insurance package. I always recommend that people purchase a very large amount of UIM insurance since some policies offer $500,000 of coverage for around $80 per year and since there are so many drivers with only the bare minimum level of insurance. If your insurance company does not offer Underinsured Motorists coverage, I strongly suggest that you change to a company that offers UIM insurance. This is often the difference between a fair settlement or a minimal settlement.

Every biker in Michigan should request and read our FREE Michigan Motorcycle Insurance Report before getting on his or her bike. It is important to buy the proper insurance coverage before you get into an accident. Once you are in accident, you are stuck with what you were sold, even if you thought you were getting the best coverage at the time.

Originally posted at InjuryBoard by Daniel Buckfire

Uninsured Motorist Insurance Advice

Daniel Buckfire — Fri, 12 Dec 2008 16:30:00 GMT

My friends and my clients often ask me about types of insurance they should buy for their motorcycles. I am always happy to review someone’s insurance policy and give them my recommendation.

Many people do not have uninsured motorist (UM) coverage because it is not required by law and is deemed “optional.” This is very unfortunate because uninsured motorist insurance is extremely important and necessary to fill gaps left by the legally required insurance. To see why, think about what happens when you are involved in an accident.

When a motorcyclist is involved in an accident with a car, the motorcyclist would submit a claim to his insurance company for medical expenses, lost wages, household replacement services, and other benefits. In an accident in which the motorcyclist is severely injured, the biker would want to sue for additional damages. For example, let’s say his insurance company will pay lost wages for the first three years after an accident, but that the accident was so bad that the biker is permanently disabled and cannot work. He would want to sue the driver for his lost wages for the rest of his life after those three years. Normally, the driver’s insurance company would defend this lawsuit and pay for the settlement or judgment, but what happens if the driver does not have insurance?

This is where UM insurance comes in. If a motorcyclist is involved in an accident with an uninsured motorist, then the motorcyclist can file a UM claim with his or her own insurance company to collect the damages not covered under a regular policy and they may be able to collect an amount up to the limit of the UM policy they purchased.

Because of this, I always recommend bikers purchase the maximum UM coverage available. UM coverage is some of the cheapest kind of insurance available, but it is one of the most important policies you can buy.

Originally posted at InjuryBoard by Daniel Buckfire

Medical Payment Insurance Advice | Michigan Motorcycle Lawyers

Daniel Buckfire — Thu, 11 Dec 2008 16:28:00 GMT

My friends and my clients often ask me about types of insurance they should buy for their motorcycles. I am always happy to review someone’s insurance policy and give them my recommendation.

One question I am frequently asked is whether a biker should purchase Medical Payment insurance. This type of insurance is commonly known as MED PAY. MED PAY pays for medical expenses if you are involved in many types of accidents, including the following:

An accident with another motorcycle
An accident with no other vehicle, also called a single-bike accident
An accident caused by a road defect

It is important to note that MED PAY does not pay for medical expenses incurred in an accident between a motorcycle and another motor vehicle like a car or truck. But, in this type of accident, both the driver and the motorcyclist would be able to collect No Fault insurance benefits, which would pay all their medical expenses.

MED PAY insurance policies can usually be bought in increments of $5,000.00, up to $25,000.00 in coverage. I recommend bikers purchase as much of this insurance as they can afford to pay. The reason I make this recommendation is because of how the insurance normally works.

Typically, MED PAY coverage is the primary insurance for a motorcycle accident, meaning it will pay benefits before your regular health insurance starts to pay. It pays up to the MED PAY policy limit and then your regular health insurance kicks in.

Since most people have health insurance through their employer, a sudden layoff or downsizing could leave you with little or even no insurance to cover the cost of your medical bills if you are involved in an accident. If you do not have insurance coverage, you will be personally responsible for paying all of your medical bills. However, MED PAY policies are relatively inexpensive compared to the cost of healthcare.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Motorcycle Insurance Advice | PLPD

Daniel Buckfire — Wed, 10 Dec 2008 16:26:00 GMT

People often ask me about the types of insurance someone who is considering buying a motorcycle should buy. I also frequently review insurance policies for my friends, and my clients, and I advise them about their insurance coverage. I am always happy to review someone’s insurance policy and give them my recommendation.

The most important thing to know about motorcycle insurance is that it is different from the insurance for your car. Car insurance is called No Fault insurance, and it is governed by the Michigan No Fault Law. The No Fault Law sets rules and limits on insurance for “motor vehicles” but that law’s definition of the term “motor vehicle” does not include motorcycles. A lot of bikers do not realize this and think because they have No Fault insurance, they are fully covered if they get into an accident. Too often, they only find out about their lack of coverage after they have been injured in an accident.

To register your motorcycle, you will need to provide proof of insurance for at least $20,000/$40,000 public liability and $10,000 property damage coverage (PLPD). Having PLPD means your insurance company will defend you for any claims for personal injury or property damage caused by your negligence. Your insurance company will defend you against these claims and will pay any settlements or judgments against the policy.

These amounts are the minimum amounts required by law. Failing to have these minimums can mean significantly more than risking a ticket if you are pulled over by the police. Failing to have PLPD means your insurance company will not defend claims made against you for your negligence and will mean you cannot collect benefits if you are the victim of someone else’s negligence. That means you will be on your own to pay for costly medical bills and lost wages. These expenses have forced many uninsured bikers into personal bankruptcy.

Whenever people ask me about PLPD, I always encourage them to make sure to insure their motorcycles. I also always recommend that they purchase a policy that adequately protects their assets. For almost everyone, this means purchasing a policy for higher than the minimum amounts required by law. Most people should purchase $100,000/$300,000 coverage since the cost of purchasing the additional coverage is relatively inexpensive as compared to the cost of purchasing the required $20,000/$40,000 policy. With a policy like that, you can sure you will be fairly compensated for your injuries and not left facing significant medical expenses for your treatment.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Motorcycle Insurance Questions

Daniel Buckfire — Tue, 09 Dec 2008 16:23:48 GMT

For Michigan motorcyclists, being involved in a motorcycle accident is a very serious challenge. The number of motorcycle accidents in Michigan has been rising in recent years, and the laws governing motorcycles are complicated. After being treated for any injuries and making a police report, the most important things an injured biker or family member can do is begin submitting claims to the insurance company and deciding whether to pursue a lawsuit. It is important to do these things quickly since insurance companies have filing deadlines after which they can deny benefits and since lawsuits must be filed by the state’s statute of limitations.

My law firms represents people who have been injured in motorcycle accidents, and I often meet people who are unsure of whether a lawyer can help them. Here are answers to some common questions

Can I file a lawsuit against an errant and negligent driver if I get involved in a motorcycle crash, and my vehicle is not insured, though I own it? – Michigan law permits you to file a lawsuit against this negligent driver. Many people think they cannot because under the Michigan No Fault Act, the driver of an uninsured car cannot sue a negligent driver. Michigan law treats motorcyclists differently from car drivers in this respect. So, even if your bike was not insured, you could still file a lawsuit.
I have often heard about the term Uninsured Motorist Coverage. What does it mean? – When the accident is caused by a driver who does not have insurance or by a hit and run driver, whose identity is unknown and there is no information available regarding his insurance coverage, Michigan law allows you to recover cost of damages from your own insurance policy if you have uninsured motorist coverage. This means that it makes sense to carry uninsured coverage, to receive protection from your insurance policy, in case you get involved in situations like these. Check back later this week for more about Uninsured Motorist Coverage.
What is the difference between uninsured motorist coverage and underinsured motorist coverage? – Both types of insurance are very important to add to your policy. Uninsured motorist coverage covers you when the negligent driver has no insurance or when his or her identify is unknown. Underinsured motorist coverage fills in the difference between the costs of your injuries and the maximum amount covered by the negligent driver’s insurance policy when he or she does in fact have insurance. Check back later this week for more about Underinsured Motorist Coverage.

Originally posted at InjuryBoard by Daniel Buckfire

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

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