The Clark         Law Office

Mini-Tort Law Helps Pay For Damaged Vehicles

Michigan is a no-fault state, but it also provides what is called limited property damage for all drivers in Michigan. This limited property damage is also referred to as a mini tort claim. The purpose of this loophole is to help drivers pay for damage done to your own vehicle, but unfortunately this protection is extremely limited in nature.  As you probably already know, your own insurance company is responsible for paying your first party benefits which include wage loss, medical expenses, attendant care, medical mileage, and replacement services. But what about the damage sustained to your vehicle?  Who is going to pay that?  The mini tort is a way for drivers to recoup a small amount from a negligent driver’s insurance coverage to pay for damage done to your vehicle, up to a maximum of $1000.00.

If you are less than fifty percent at fault for the accident, you are able to file a mini tort claim against the driver is more than 50% at fault. This claim can be made by a driver who is not at fault for the vehicle accident in Michigan. There are a few restrictions and conditions which you must meet in order to bring this claim successfully. These conditions include

• Your vehicle must be damaged by a negligent driver.
• Your vehicle has to be insured by Michigan no-fault insurance.
•  You must know who the negligent driver is. If the negligent driver performs a hit-and-run maneuver, you cannot receive any compensation for limited property damage because the negligent driver’s insurance is covering the mini tort cost.
•  There is no collision coverage on the vehicle or the vehicle has standard collision coverage which requires a deductible.  Both of these situations would qualify.  If the damage done to your vehicle is covered by your own insurance company because you purchased collision coverage, you cannot bring a mini-tort claim against the negligent driver.

 Real World Example of Michigan Mini Tort Claims

Many drivers are confused by all the requirements and conditions, so here is an example to make this easier to understand.  For example, imagine that you were involved in a semi-serious auto collision which damages your vehicle substantially.  It is determined that the other driver is 80% at fault for the accident, this is just a simple example; proving the other driver is at-fault can sometimes be difficult.  The first thing you would be required to do is prove how much actual damage was done.  This can be done by an adjuster or of course a car mechanic.  Let’s say you take your car to a repair facility and they determine the total amount of damage is $2500.00.  Finding the amount you can recover is now pretty straightforward.  Simply take the amount of damage and multiply it by the percentage the other driver is at fault.  In this case you take the $2500 and multiply that by 80%.  That amount comes to $2000 which you are entitled to.  Unfortunately, the maximum allowable amount that you can recover is $1000.  Even though you should be given $2000, you will only collect $1000 in these set of circumstances.  Many drivers feel this is unfair, but it’s just the reality of the no-fault law which has been established.  For more information about auto accidents in Michigan, check out this page.  If you need help with your mini-tort claim, contact us today for a completely free consultation.

In Michigan, a third party case is against the driver that was negligent in causing the accident and the injuries that were sustained during the accident.  3^rd party benefits are referred to as a non-economic loss.   However, because we have a no-fault law in our state, not every driver is entitled to sue the person who caused the accident.  There are additional jumps and hurdles which must be met in order to even bring a case for your non-economic losses.  Most other states without no-fault law don’t have such strict standards and thresholds.

In order to sue the person that was at fault for the accident and receive pain and suffering compensation and other 3^rd party benefits, Michigan law states that your injuries have to meet a certain threshold. The threshold that your injuries have to meet is what is called a serious impairment of an important body function. Additionally, a serious permanent disfigurement meets the threshold along with the uncommon result of death.

Do I Meet The Threshold For Third Party Benefits?

While serious permanent disfigurement and death are easy to define, serious impairment of an important bodily function is much more difficult to prove.  Proving this concept is usually the most important argument made on your behalf.  There are several factors that courts use to determine whether an injury is a serious impairment of bodily function.

• The injury is objectively manifested.
• The accident left you with an injury of a body function that is important to you
• The injury affected your general ability to lead a normal life.
• Other additional factors that the court deems necessary.

An Experienced Auto Attorney Can Help With Third Party Benefits

As you can see, sometimes it can be difficult to determine whether an injury meets this threshold. Every case and every injury is different. Whether your injury resulted in a broken bone, a back problem, ligament tear, knee or shoulder injury, or a more serious condition, it is important to figure out what your rights are and whether your injury meets this threshold for Michigan third party benefits. To determine whether your injury meets this threshold, contact one of our Lansing accident lawyers at The Clark Law Office and arrange a completely free initial consultation by calling (517) 347-6900.  We charge no fees unless you win!

As mentioned in our No-Fault page, first party benefits are paid for by your respective insurance provider and cover the personal protection or no fault insurance.  The best way to think of first and third party benefits is economic and non-economic loss.  1^st party benefits are an economic loss and 3^rd party benefits are a non-economic loss.  Most if not all auto accident cases that occur in Michigan include first party benefits.  The state of Michigan has certain medical expenses and services that they allow injured victims if they qualify for first party benefits.

Attendant Care Under No-Fault

Under Michigan No-Fault Law, a person injured in a Michigan auto accident can receive benefits for attendant care. What is attendant care? It is essentially what can be referred to as nursing care. Many times, after a serious car accident, the injured person requires medical attention throughout the day that would require nursing services to make sure they are properly treated for and taken care of. Generally, there must be a prescription or some medical reason and authorization for these types of services. Some of these medical services include giving medication daily, dressing the patient’s wounds, bathing the injured victim, assistance when walking, grooming the injured person, and driving the patient, etc.

Medical Expenses Also Fall Under The Category of First Party Benefits

Michigan has one of the broadest and most comprehensive no-fault laws in the country. An injured person is entitled to recover allowable medical expenses when they are injured as a result of a Michigan auto accident. In order to qualify, one must purchase no-fault insurance from their insurance company before the accident occurs. Allowable expenses include all reasonable medical costs for things that were required to care for the injured person properly throughout the entire process of treatment and rehab.  This can include various medical procedures, other medical expenses, and products.  These expenses are payable for life and without a limit on the amount that can be paid.  Do You Need Help Paying Your Michigan Medical Expenses?  If you have received injuries as a result of an accident and need treatment, rehabilitation, or surgeries, then your no-fault provider should pay for all of these expenses!

What About Everyday Tasks I Can No Longer Perform?

In Michigan, when you have sustained injuries as a result of an accident, you may be entitled to certain household and domestic services such as things you did for yourself before the injury took place, but can no longer perform and require somebody else’s assistance. It can be very frustrating not being able to perform menial everyday tasks, and somebody must help in order for you to retain your quality of life. Some of these services include making meals for yourself, child care, housekeeping, lawn maintenance, etc. Usually you need to hire someone to help you perform these replacement services.  What Is The Maximum Amount For Replacement Services?  Under the Michigan No-Fault law, these replacement cost services cannot exceed $20 per day and are only payable for three years from the date of the accident

Do First Party Benefits Help Reimburse Me For Lost Wages?

First party benefits also account for wage loss as a result of an injury sustained in an automobile accident. Many victims are unable to work because of their injuries, these workers are entitled to compensation for their inability to work and earn a living. These wage loss benefits are payable up to a maximum of the first three years following the date of the injury. There are some limitations on the amount of income you can receive and this amount is adjusted annually to reflect and keep pace with the rising cost of living. If you are injured between October 1st, 2010 and September 30th, 2011, the maximum wage loss you are entitled to is $4,929 per month for the first three years. If you have sustained injuries resulting in work-loss, you should contact your insurance company. Often, the insurance company refuses to pay for your wage loss.

Contact Us Today For A Free Consultation

If you need helping collecting your first party benefits following an auto accident, call us free at (517) 347-6900 or contact us through the website.  We charge you no fees unless you win your case.

Many gas stations throughout the State have been using a misleading tactic to display their gas prices.  You probably already know what I’m talking about by that sentence alone.  If you haven’t noticed, many stations also feature a car wash option when filling your tank.  There’s nothing wrong with providing a car wash at a gas station, but misleading the public about the actual price is quite unprofessional and downright dirty.  Michigan gas is already expensive enough, we don’t need the oil companies misleading us to pad their bank accounts even further.

I will use the example of two gas stations located on the corner of Jolly and Okemos Rd. near the highway ramp.  This is a high traffic area for our town and there are 2 gas stations which sit kitty corner to each other and are super competitive with each other.  There is a Marathon gas station which offers a car wash and a Sunoco gas station which doesn’t provide any car washes.  The marathon thought it would clever by giving drivers a discount if they get a car wash.  I have absolutely no problem with them providing a discount, but posting the discounted price as the unleaded price is certainly intended to mislead and create higher profits by using a questionable tactic.  The competition (Sunoco station) was getting beat up because all these drivers thought they were getting cheaper gas across the street.  I don’t know for sure, but I assume this tactic by Marathon was severely slowing down their business.  It turns out it wasn’t cheaper at the Marathon station, actually its almost always more expensive.  So what did Sunoco to do?  Build a car-wash to compete?  Nope!  They made a sign displaying how much cheaper their gas is than the Marathon across the street.  I find it ridiculous that they are allowed to pull such misleading tactics.  This story just shows you how dishonest these gas/oil companies really are, and they would rather mislead the public instead of providing a quality service/product like the rest of the country.

Michigan residents don’t have to worry about this problem any longer!  A new law was passed last month which impacts how gas stations display various gas prices.  You may wonder why some of these signs are still displaying the discounted price….  The law is already in effect, but stations have up to one year to comply to the new standards.  Companies can still post discounted prices on their display, but the conditions must be at least half the size of the actual print displaying the price.  While this law won’t impact the actual prices of gasoline, it should definitely give you a fair display to judge different gas prices.

Shoppers for high powered fireworks will now find themselves freed from yesteryear’s staunch fireworks regulations by newly passed laws within the state of Michigan. Always a strict enforcer of fireworks prohibition, Michigan has kept a close eye on the sales and purchase of fireworks and caused in-state buyers to often travel great distances across state lines to acquire fireworks for special occasions such as birthdays, New Year’s Eve, and Independence Day. Of course, this out-of-state expenditure caused significant tax loss to Michigan state, revenue which could have been bolstering Michigan’s economy. And it was that loss that ultimately inspired the newly revised and loosened laws. Many people, especially those who were inconveniently travelling out-of-state to purchase their fireworks, believe that these new laws are beneficial, especially when considering the poorly declining economy within the state of Michigan. However, many shoppers may still opt to travel out of Michigan’s boundaries in order to avoid the inflated fees involved with either buying or selling upgraded fireworks; fees that now charge business owners $1000 to establish their permanent fireworks shop, or $600 for a temporary stand. This, in tandem with newly increased tax rates and a newly applied 6% fireworks safety fee, pass on bloated prices to the consumer – a burden that some may happily bear in respect for the state’s suffering economy.

Some arguers claim that permitted in-state fireworks sales will directly cause a higher rate in fireworks related incidents, such as severe personal burns and property fire damage – that argument is quickly rebuked when one considers that these accidents were already taking place with the purchase of out-of-state fireworks. Wherever the source of the fireworks, the ultimate result is the same, and hundreds of people per year still suffer wrongful burns or property loss as a result of improper fireworks use. If you’re one of these many, you must understand that you may be eligible for compensation for you pains and losses, and that you’re not alone in your struggle. There are specialists waiting to help you with your case and fight for the justice that you deserve.

The Clark Law Offices have served Michigan for over 30 years and brought justice for countless victims of personal injury. With offices in Okemos and Lansing, Michigan we are conveniently located to assist you in receiving the compensation you deserve after for your accident. Please call us for answers and peace of mind at (517) 347-6900. All consultations are free.

New legislation in the state of Michigan presents a number of changes for businesses and consumers as it relates to keg sales and returns. Going in to effect on November 1, the purchase of kegs from businesses will require consumers to use identification tags placed on the kegs themselves. Buyers will be required to furnish personal identifying information, including but possibly not limited to proper name, residential address, telephone number and to provide a personal identification to the business at the point of sale.

The new law will aid police in easily and readily identifying the owner of any kegs of alcoholic beverages and hold those individuals liable for any impropriety occurring with that keg. In essence, the new legislation will assist law enforcement in cracking down on the distribution of alcohol to minors. Gone are the days of kegs holding a special place at innumerable undergraduate parties, where persons under the age of legal consumption often find nirvana at the bottom of a red plastic Solo cup. Any person purchasing a keg of alcohol and then failing to exercise the appropriate restraint and responsibility regarding the contents of that keg can and will face significant criminal charges by the authorities, should any person beneath the legal drinking age be dispensed alcohol from that container. Smart businesses around the great state of Michigan will quickly divest themselves of large keg-based sales operations, and move towards cased and bottled beer, as these purchases have yet to be addressed by the authorities.

The consequences of the new Keg Law will be varied. Identification tags must be kept intact and returned to the business selling the keg alongside the container. An additional deposit of $30 will be required upon the purchase of the keg to insure that the tag stays on the container until it is returned to the business. Failure to return a keg with the tag intact will result in the loss of the $30 deposit. Businesses found to be selling kegs without instituting the new tag requirements face steep fines and possible loss of licensing to sell alcohol. Keg parties will become a fondly recalled thing of the past, college students will lose a great many tags, and Michigan businesses will enjoy keeping an extra $30 per student negligently failing to keep track of the tags on their kegs.

Clark Law Office is located within five miles of Michigan State University, and with over 30 years of experience in the Michigan court system. for a free consultation with experienced trial attorneys, contact us today at (517) 347-6900, or stop by our offices at 3970 Heritage Avenue, Suite B, Okemos, MI 48864.