Michigan is a “No-Fault” state when it comes to auto, truck, or motorcycle accidents. This literally means that all parties involved in the accident can recover economic benefits (wage loss, medical bills, household services, attendant care, medical mileage, etc.) from their own insurance company, or from another insurance company depending on the circumstances of the accident. Insurance companies do not want to pay an accident victim what the accident victim is rightfully owed. They will take advantage of all accident victims, no matter the injury, and use every excuse possible to limit your benefits or not pay you at all. Do not let them. At the Hamo Law Firm, we have been fighting vigorously against insurance companies every day for over 34 years to get both economic and non-economic (pain and suffering) benefits that are rightfully owed to our clients. The insurance companies know who we are and know that we fight tooth and nail to get our clients compensated.
Below is a summary of the two types of claims an injured party will make after an auto, truck, or motorcycle accident:
1st Party Claim:
This is an auto, truck, or motorcycle accident victim’s claim against their own insurance company for personal injury protection (PIP) benefits. These benefits include medical expenses, wage loss, household services, attendant care, and medical mileage. To recover these benefits, you must give specific and detailed written notice to your insurance company within one-year from the date of the accident, and provide proof that the benefits are reasonable and necessary.
3rd Party Claim:
This is an auto, truck, or motorcycle accident victim’s claim against the at-fault party’s insurance company for non-economic damages such as pain, suffering, and excess economic losses. To recover non-economic damages, an accident victim must meet Michigan’s tort threshold for an injury. This means the victim has suffered one of the following injuries; death, serious impairment of a body function, or permanent serious disfigurement. There is a three-year time limit to make a claim against the at-fault driver’s insurance company for one of the injuries mentioned. Only minors or those incapacitated can file a claim beyond that three-year limitation.
The Hamo Law Firm has represented literally thousands of people that were unfortunately injured in auto, truck, or motorcycle accidents, with terrific results for our clients.