Detroit Personal Injury Lawyer - accident

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

Childhood Traumatic Brain Injury

Daniel Buckfire — Mon, 08 Dec 2008 10:54:44 GMT

Children with traumatic brain injuries face some of the most difficult challenges a parent or teacher is likely to encounter. Unfortunately, thousands of children suffer traumatic brain injuries each year. The most common causes of traumatic brain injuries among children include car accidents, sport- and play-related injuries, fights or assaults, and falls. If a child’s traumatic brain injury is caused intentionally or through the negligence of another person, the parent can normally file a lawsuit to get compensation for the damages the child has suffered.

In the educational context, childhood traumatic brain injury has been defined by regulations promulgated pursuant to the Individuals with Disabilities Education Act. This law aims at providing equal access to education for children with disabilities. The regulations, codified at 34 C.F.R. § 300.8(c)(12) define “traumatic brain injury” as follows:

Traumatic brain injury means an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child's educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one or more areas, such as cognition; language; memory; attention; reasoning; abstract thinking; judgment; problem-solving; sensory, perceptual, and motor abilities; psychosocial behavior; physical functions; information processing; and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma.

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 Pediatric Brain Injury Lawyer | Detroit Child Head Injury Lawyer

Daniel Buckfire — Wed, 22 Oct 2008 10:47:33 GMT

A pediatric brain injury occurs when a child suffers a head injury that causes damage to the brain. Such an injury can be caused by car accidents, motorcycle accidents, bicycle accidents, bus accidents, slip and fall accidents, and other accidents. Brain injuries can also occur at birth if an infant’s oxygen supply is cut off. Each of these situations can severely affect a child’s future and may give rise to a lawsuit for damages to compensate parents for the extra expense of caring for a child with a pediatric brain injury and to compensate the child for a lifetime of decreased earnings. Depending on the severity of the injury, the amount of damages can be significant.

Pediatric brain injuries are often associated with the following symptoms:

Motor skill deficiencies and disabilities
Short attention span or difficulty concentrating
Memory loss or impairment
Difficultly learning new information
Limited ability to follow patterns and sequences
Impulsive behavior and lack of self-control

If a child is involved in any accident that could result in a brain injury, it is important to seek medical attention at once. Because there are often no external signs that a brain injury has occurred, failure to get immediate medical attention often delays diagnosis until well after the injury has occurred. In such circumstances, the diagnosis is typically made only after the child has already failed to reach developmental milestones. This usually increases the costs and hardships of treating the brain injury but can be avoided with prompt medical attention.

Originally posted at InjuryBoard by Daniel Buckfire

Michigan Car Accident Lawyers | Spinal Cord Injury

Daniel Buckfire — Tue, 21 Oct 2008 17:05:14 GMT

I recently read about a woman paralyzed from spinal cord injuries she received in a car accident. Although she has spent the last seven years since the accident unable to walk, she recently underwent experimental surgery in Portugal and has begun a new rehabilitation regiment featuring increased weight bearing exercises. After a lot of training and failures, the Detroit Free Press reports she has begun feeling sensation in her lower limbs for the first time since the accident. Although it is clear that these results are not typical, the story provides hope and an example for the thousands of people who suffer from spinal cord injuries each year.

The article also discusses some aspects of how the Michigan No Fault Act provides support for rehab efforts by covering the cost of all medical expenses, even those far removed from the initial treatment or hospital stay. From the article:

Another obstacle is health insurance. Most plans typically don't cover intense therapy programs. But a person injured in an auto accident, such as Nader, in a no-fault state like Michigan, can get coverage funded through a state system.

Even then, a person's coverage may be dropped if an insurer decides progress hasn't been made and documented.

Selecting an experienced Michigan car accident attorney to handle your No Fault claims and your auto negligence claims can help you get full coverage for rehab programs so you can resume your normal life.

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