Michigan Car Passenger Injuries
There is old saying in the law “the driver is the captain of the ship”. A passenger in the car is rarely at fault in an auto accident because it is usually the fault of the driver of your vehicle, the fault of the other driver, or both that cause the collision. In Michigan, the at fault party or parties have to pay for your pain, suffering, mental anguish and wage losses beyond three years. Since Michigan is a No Fault State, the in-priority insurance company must pay 85% of your wage loss for three years, 100% of your medical bills related to the collision for life, and $20/day for loss services and attendant case. (More about that later…..)
Protect Your Passenger Injury Rights After a Michigan Auto Accident
In auto accidents where the injured party is the driver, the victims pursue their lawsuit against the striking vehicles driver. However, in passenger lawsuits the passenger can bring a suit against the driver if they are at fault. This person at fault is commonly friends and family members. Many times, people do want to bring a lawsuit against a friend or a loved one, but since the passenger controls the lawsuit he or she can make sure that they pursue only the amount of their friends or loved ones insurance. That’s why they bought the insurance in the first place to pay for damages they may have negligently caused. The purpose of insurance and all the premiums people pay is to make sure if they make a mistake that the injured person is reasonably taken care of and compensated for their injuries.
The law years ago forbade and gave immunity to a family member that caused an injury to his spouse or children, but the law changed recognizing the fact that insurance is available to pay for the negligent parties mistakes and it would not be fair to treat a family member worse than a stranger. Remember, a lawsuit controlled by you will not seek money from your friend or family but rather from the insurance company. Therefore by not bringing a lawsuit, you are not saving your friend or family money. You are just letting the insurance company keep the money, while you are the victim.
What Are The Limitations For Liability?
Although an insurance company cannot prevent you from seeking compensation from a family member, it may limit its responsibility by putting exclusions or limitations in the policy. For instance, you may have a policy of insurance that provides for $100,000 of protection for strangers but the limiting clause in your insurance policy may reduce the company’s exposure to as little as $20,000. You should ask your insurance agent about these exclusions and have them reduced or terminated. After all, who is in the car with you the most? Shouldn’t your wife, your husband, and your children get the same protection as a stranger? Your agent will not tell you unless YOU ASK.
Contact Our Lansing Car Passenger Injury Lawyers Today
The Clark Law office has represented passengers and their families for over thirty years. If you need help and discretion in bringing a passenger auto accident law suit don’t hesitate to give a call for a free consultation at 517-347-6900.