In case of death in a car accident, a family member may file a wrongful death claim against the at-fault driver.
What Do I Have to Prove To Be Eligible For 3rd Party Benefits?
For a better chance at winning the case, you must prove the following:
The other driver was at fault
First of all, you may file a third-party claim only if the other driver was at least 50% at fault in causing the accident. If you were determined to be more than 50% at fault, or if you failed to purchase no-fault insurance at the time of the crash, you are barred from recovery.
The damages you may recover are based on comparative fault. Thus, the court may find that the other driver was at fault for the accident, but at the same time, also find you partially at fault. In this case, the amount of money you can recover will be reduced in proportion to the degree to which your own negligence contributed to your injury.
Meeting the “threshold requirement” for personal injuries
Aside from proving that the other driver was at fault, you must also meet the “threshold requirement” for personal injuries. Simply put, a threshold injury is a serious impairment of a bodily function or severe and permanent disfigurement. Michigan law defines a serious impairment of body function as “an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life.” Michigan courts used to require the claimant to prove that the injury affected the person’s general ability to “conduct the course or trajectory of his or her entire normal life.” Fortunately, in the 2010 case of McCormick v. Carrier, the Michigan Supreme Court lowered the threshold of what is considered as serious impairment of body function. Now, a victim is not required to show that the injury altered the “course or trajectory” of his or her life.
Regardless of this development, the threshold requirement still causes lengthy litigation in most cases. If the victim was killed, permanently disabled, or severely disfigured, then it is clear that the threshold was met. However, for lesser injuries, the fact of impairment can be disputed. When determining if the threshold requirement for injuries is met, Michigan courts look at several factors, including:
