FREQUENTLY ASKED QUESTIONS

I was in a car accident. What will auto insurance cover?

1st PARTY - PIP CLAIM

MEDICAL BILLS

The insurance company must pay for all accident-related medical bills. There are no caps or limits to payment.

Michigan has lifetime medical benefits for accident-related treatment and care.

ATTENDANT CARE

If your doctors believe you require nursing or personal care as a result of accident-related injuries, The insurance company must pay for a home care provider. You may hire a company or a friend/relative to provide you with this care.

WAGE LOSS

The insurance company must pay 85% of your wages if you miss work. You must be able to prove you are disabled with medical records and prove the wages you lost (typically through tax returns and pay stubs). The insurance company is only responsible for three years of wage loss.

REPLACEMENT SERVICES

The insurance company must reimburse you $20.00 per day if you need someone to help you with household chores and some day-to-day tasks because of your accident-related disability. The insurance company will not supply you with the help. You must find someone to help you with the chores. You must be able to prove, with medical records, that you are in need of assistance. The insurance company is only responsible for three years of replacement services.

3rd PARTY - PAIN AND SUFFERING

The at-fault driver may be liable to you for the pain and suffering caused by the accident.
The amount of money you can collect will be capped by the policy limits of the at-fault driver’s insurance policy. If the at-fault driver has a $20,000 policy, the most you can gets $20,000. If the at-fault driver has a $500,000 policy, the most you can get is $500,000, etc. (Unless there is underinsurance)
If the at-fault driver does not have insurance, then your own insurance company may cover

EXAMPLE OF WHAT NOT TO DO

A client named Mary was in a very bad car accident on January 18, 2015. In the accident, Mary sustained a fractured vertebrae that required surgery.

Mary was in constant pain, disabled, and depressed after the accident.
In December of 2015, Mary's family decided to surprise her by taking her on a cruise.

Mary was having the time of her life on the cruise - eating, drinking, dancing (to the best of her capability), and doing whatever she could to forget about the intolerable pain from the accident. The cruise was the perfect release from the misery of her post-accident life. While on the cruise, Mary’s cousin posted on Facebook pictures of Mary dancing and having a good time. The cousin tagged Mary on Facebook.

On March 3, 2016, Mary has a deposition in connection with her accident case. Mary is asked at her deposition if she is able to do chores around the house since the accident. She answers no. Mary is asked if she is able to go out socially since the accident. She answers no. Mary is specifically asked if she is able to dance after the accident. She answers no, because she truly believes she cannot dance after the accident. She tried to dance on the cruise but was not really able to dance.

On April 25, 2016, the insurance company files a motion to dismiss Mary's case because, despite the fact that the insurance company knows she is severely injured, they found pictures of her on Facebook that shows her dancing on a cruise. The insurance company alleges fraud.

The insurance company argues that, based on her Facebook page, Mary lied at her deposition about her ability to dance. The insurance company argues that, based on her Facebook page, Mary is not as injured as she claims.

On May 27, 2016, the Court issues an order dismissing Mary's entire case based on fraud. As a result of her Facebook page, Mary is unable to get money out of her case. Further, Mary is now liable to dozens of doctors for bills that should have been paid by the auto insurer.

NOTHING IS OFF LIMITS: YOUR MEDICAL HISTORY, WHERE YOU LIVE, WHERE YOU WORK, WHO YOU DATE, YOUR HOBBIES, ETC.

It is important to understand that when you file a claim for insurance benefits or personal injury, that the insurer/defendant has a right to investigate your background.
Everything about you is fair game and will be investigated.
The fastest, easiest, and most productive way to get information on you is through social media, especially Facebook.
Thus, we highly suggest you set all of your social media accounts to private until your claim/case is resolved.
Even better, do not post anything that could be construed as harmful to your claims.

The safest bet is to completely disable or discontinue use of social medial until your claims are settled.

Premises liability holds property owners responsible when someone is injured on their property due to a dangerous condition. Under Michigan law, the property owner's duty of care depends on the visitor's status — whether they are an invitee, licensee, or trespasser. Property owners owe the highest duty to invitees, which includes most customers and business visitors, and must maintain their premises in a reasonably safe condition.

Social Security Disability Insurance (SSDI) provides monthly benefits to individuals who cannot work due to a medical condition expected to last at least 12 months or result in death. You must have earned enough work credits through prior employment. The application process involves a detailed review of your medical records, and most initial claims are denied, making the appeals process an important step for many applicants.

While you are not required to have an attorney, insurance companies have teams of adjusters and lawyers working to minimize what they pay. A personal injury attorney can protect your rights, handle communications with the insurance company, gather evidence to support your claim, and fight for the full compensation you deserve. Most personal injury attorneys, including our firm, work on a contingency fee basis, meaning you pay nothing unless we recover for you.

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