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Vehicle Damage and Injury Claims After Causing an Accident

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  • 12-09-2011, 09:05 PM
    JoshWhite
    Vehicle Damage and Injury Claims After Causing an Accident
    My question involves an injury that occurred in the state of: Michigan.

    Me and my girlfriend were recently in a car accident that left us both hospitalized. We were merging off of a highway onto one of the busiest streets in Lansing; the street has more than eight intersections within one-hundred yards of the merger. I went through a green light and was hit about eighty yards later. According to the police officer, I missed a yield sign; therefore, I was supposedly at-fault for the accident.

    A few facts that might be important to know: My girlfriend suffered a broken vertebrae and needed a life-saving bowel surgery that night; I suffered a broken nose, broken jaw, and strained abominal and back muscles; my car was totaled, along with many items in my car such as: my iPhone, my Macbook, etc. The man whom we were involved in the accident with had no injury, and his car -- a very large pickup truck with a brush-gaurd on the front -- had minor damage. The investigating officer failed to conduct sobriety tests or anything of the sort on me, and there's no doubt in my mind that he failed to do so on the other driver; the officer simply took my liscense, insurance, and registration, that was all.

    The man is now seeking to sue my insurance company for the damages done to his car along with possibly suing myself for personal injury.

    My Questions include: How do I handle this situation? Do I accept responsibility for the accident and pay up or do I seek out my own justice? I find more than a few things questionable including: Is it legal to have a yield sign so close to a traffic light? The cross-street he was on had a red light, why is he not held responsible for stopping at a red light but I'm given fault for running through a yield sign? Did the officer do everything necessary to bring justice?

    Thanks for your thought and time, it's much appreciated.

    Sincerely,


    Josh
  • 12-09-2011, 09:33 PM
    Disagreeable
    Re: Car Accident Resulting in Injury; Both Me and My Insurance Company Being Sued
    MI has no fault insurance. Tell him to call his own company.
  • 12-10-2011, 12:04 AM
    FullAuto
    Re: Car Accident Resulting in Injury; Both Me and My Insurance Company Being Sued
    Let your insurance company take care of everything. That's what you pay them for.
  • 12-10-2011, 12:26 AM
    Mr. Knowitall
    Re: Car Accident Resulting in Injury; Both Me and My Insurance Company Being Sued
    If you were both insured, the most he can sue for in terms of car damage is your deductible up to $500. We don't know if you purchased insurance that will cover that claim, but you can read your declaration sheet or ask your insurance agent. We are not in a position to discuss any injuries he may have suffered in the accident. Make sure you turn any claim or lawsuit over to your insurance company.

    You are free to research the MUTCD and any Michigan laws and regulations in relation to the design of the intersection(s) at issue; we can't see them so we're not in a position to comment.

    You can read the officer's traffic accident report to determine whether fault was assigned to the other driver, and on what basis. Feel free to tell us what it says.
  • 12-10-2011, 07:42 AM
    jk
    Re: Car Accident Resulting in Injury; Both Me and My Insurance Company Being Sued
    Quote:

    Quoting JoshWhite
    View Post
    My question involves an injury that occurred in the state of: Michigan.

    If you had at least the minimally required insurance, you are liable for no more than $500 of the damages and then only if there is $500 of damages to the other operator not covered by his insurance. So, no, you do not pay anything (other than possibly that $500 if it applies). Michigan's no fault auto insurance law limits your liability to $500 in most situations and it doesn't sound like the other driver was injured so as to remove the liability limit on personal/medical injuries.
  • 12-24-2011, 12:38 PM
    jk
    Re: Car Accident Resulting in Injury; Both Me and My Insurance Company Being Sued
    Quote:

    Quoting Leafer3
    View Post
    How does the officer know that you missed the yield sign? Did you or your girlfriend admit that you neglected to yeild? Are there witnesses? My suggestion is to get a hold of the police report asap and contact a personal injury attorney. I think your question here is more geared towards fault than coverage. If you are at-fault your insurance company should cover the costs of the accident including possible lawsuits *by the other driver and your girlfriend, as well as your medical expenses and damages. What type of coverage do you have and what are the limits on your coverage.

    did you even bother to read the prior posts? Obviously you do not understand Michigan's no-fault insurance law. The only thing the OP can owe is $500 unless there is serious bodily injury or death, neither of which would appear to be possible given the description of the accident.

    So no, even if the OP is at fault, their insurance isn't going to cover any damages to the other vehicle, driver, or passengers of the other car if applicable.
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