What Type of Uninsured Motorist Lawsuit is Available in Michigan?
- by Ayden
An uninsured motorist lawsuit is filed by an individual that is damaged in an auto accident because another driver is uninsured and did not carry enough coverage. There are two main types of uninsured motorist lawsuits: personal ineligibility and underinsured motorists. Personal ineligibility claims are usually controlled by the auto insurance company so the policy’s time limit for filing a lawsuit is also controlled by those terms in effect at the time the Michigan automobile accident. However, some insurance policies have strict time limitations for bringing a lawsuit to court and for making the insurer aware of the lawsuit. The amount you receive from your lawsuit will depend on several factors, including the amount of your medical bills, your vehicle repair costs, and any property damage you might be eligible to recover. In Michigan, personal ineligibility claims often have the shortest time frames.
Underinsured Motorist Claims also fall under personal ineligibility but have much shorter time frames. Under these circumstances, the person filing the lawsuit is usually allowed to recover from the financial losses only if the insurance company is able to prove that the person they hit was driving illegally without insurance. If the underinsured motorist’s insurance company can’t do this, they don’t have the right to pursue the case in court, and it is typically dropped. Because there’s no monetary limit to these cases, many lawyers won’t even consider them, thus cutting the cost of an ums claim down dramatically.
Another type of Michigan uninsured motorist lawsuit occurs when the person was not at fault in the accident and has no insurance or few insurance options. For instance, in a case where the person is the victim in a car crash and has no medical coverage, the injured person must obtain their own medical coverage within 60 days. This would be a closed case, unless the person could show that the injury was due to the defendant’s illegal act of driving while uninsured. Michigan law allows an injured person to file a personal injury lawsuit against the driver at fault for up to three years after the crash. After this period, the injured person must seek out the services of an at-fault vehicle insurance adjuster.
A third scenario is a closed case, where the injured person and the at-fault vehicle insurance adjuster cannot prove that they were both at fault in the accident. An exception to this would occur if the injuries the plaintiff claims are more than the amount of damages awarded in the case. In these instances, Michigan state law allows compensation for actual medical expenses and lost wages, with the balance of the award being made dependent on the state court judge’s determination of each specific case. In cases where there are financial limitations to compensate for, the court may allow the awarded damages to be paid out of a settlement between the insurer and the injured person.
Another scenario is one in which the motorist was injured while operating a vehicle that did not have adequate coverage. This is a situation where the driver was driving a vehicle that either does not carry adequate coverage or has inadequate coverage. In these situations, Michigan’s uninsured motorist law provides compensation to drivers who are injured in car accidents that are the result of other driver’s negligence or wrongdoing. An injured motorist can file a suit against the driver who caused the accident.
One thing to remember about filing a lawsuit for an injury is that the person filing will need to prove both negligence and the fact that the car or vehicle was actually damaged or was the result of another person’s wrongdoing. The plaintiff’s attorney will be needed to prove both elements of the case. The lawyer will also need to provide proof of a personal injury or disease to prove the cause of injury. Some states allow medical records to be presented as evidence in the case. An experienced personal injury lawyer can assist the plaintiff with preparing all of these necessary documents.
An uninsured motorist lawsuit is filed by an individual that is damaged in an auto accident because another driver is uninsured and did not carry enough coverage. There are two main types of uninsured motorist lawsuits: personal ineligibility and underinsured motorists. Personal ineligibility claims are usually controlled by the auto insurance company so the policy’s…
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