Detroit Car Accident Lawyer

For Detroit Residents involved in a car, truck, motorcycle, or any motor vehicle accident, you are entitled to no-fault benefits unless you were operating a vehicle you owned with no insurance. Even pedestrians and bicyclists are entitled to no-fault benefits. No-fault benefits include medical cost coverage, payment of lost wages, payment for household replacement services, attendant care and mileage reimbursement for travel related to medical care. A Detroit car accident lawyer at Elia & Ponto can help you better understand the benefits you are entitled to at no charge to you. Speak with a Detroit auto accident lawyer at our firm today!

For Detroit residents to get Detroit No-Fault Benefits after a car accident, you must fill out a written Application for Benefits to the best of your abilities. Once you finish your Detroit No-fault benefits application, you must submit it to the correct insurance company after the accident occurred, you only have one year from the date of the accident to do this. If you fail to make a Detroit No-fault benefits claim with the appropriate insurance company within one year, you will give up your right to receive these benefits.

In Michigan, the law excludes motorcycles from no-fault insurance with the exception of the circumstance that the motorcycle is involved in an accident with a vehicle or under certain circumstances. This may seem confusing but a Detroit car accident lawyer at Elia & Ponto can help make this simpler for you.

After you make your Michigan No-fault benefits claim, within one year from the date the expense was incurred,  evidence of benefits must be sent to the correct insurance company. If you do not do this after being involved in a car accident in Michigan, you will not be able to get these benefits. Michigan No-Fault auto law can be very confusing, a Michigan car accident lawyer at Elia & Ponto can help you today!

Detroit No-Fault auto Law permits a person to receive all allowable expenses. In Detroit, this is defined as “Allowable expenses consisting of all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation.”  More information on this law can be found here.

In Detroit, the law allows benefits of lost work to be payable to an injured person for three years following an accident. They should take care of 85% of the gross lost pay of an injured person. This can be tricky to understand, but very valuable for anyone that has incurred wage loss due to time off of work from an accident, speak with a Detroit car accident lawyer at our firm today. Our Detroit auto accident attorneys are dedicated to providing you with cutting-edge legal advice to ensure you understand your rights.

In Detroit, a person is allowed to receive $20.00 per day in household replacement care. The goal behind this law is to reimburse family members or friends who are helping you take care of around the home chores such as cleaning, cooking, and doing laundry. Detroit residents are only allowed to get this benefit when a medical physician reports that you need this type of care as a result of the injuries incurred after a Detroit auto accident.

In Detroit, expenses that are incurred for the purpose of transportation to and from obtaining medical treatment is considered a benefit that can be recovered. Please keep a record of your total mileage and expenses incurred If you are traveling to and from medical care for treatment for injuries that were sustained from your auto accident. That way you can be reimbursed for the total mileage you incurred for your medical treatments. For questions or concerns regarded this area, feel free to contact one of our elite Detroit car accident attorneys for a consultation.

Here at the Elia & Ponto Law firm, we understand that car accidents can result in the most unfortunate event of all, the loss of life of a loved one. We take these cases extremely serious and do not play games with insurance companies when it comes to these types of cases. Under the circumstance of the death of a victim of a Detroit auto accident, no-fault benefits can be paid to the living dependents. Detroit No-fault Benefits for the death of a loved one include lost wages, replacement services, funeral cost coverage, and payment of medical bills.

In Detroit, this claim is for the injuries that an auto accident victim suffers after being involved in an accident. Third party claims are typically hard claims to win in Detroit. This is due to the fact that victims often fail to pass the threshold of injury. A Detroit auto accident lawyer at Elia & Ponto can help you file this claim. Understanding this, if a Detroit car accident victim actually goes through with filing this claim, they will be compensated for reimbursement for scarring, disfigurement, and pain & suffering if they win. An Elia & Ponto Detroit car accident lawyer will help anyone who has been injured in an auto accident file this claim. Our Detroit auto attorneys will give you nothing less than the absolute best legal advice and do our best to ensure that all injuries including the death of a loved one during a car accident are compensated.

An Elia & Ponto a Detroit car accident attorney can help you file a Detroit No-fault insurance auto accident claim. In a Detroit No-fault insurance claim, a motor vehicle accident victim will be able to get compensation for all expenses that resulted from an auto accident. A Detroit No-fault insurance claim will cover costs regarding medical, transportation and any necessary changes made in your home due to the injuries you incurred.

A Detroit auto accident property damage claim will allow you or a loved one to be compensated for any damage caused to your vehicle as well as any property that was damaged during the motor vehicle accident. A Detroit car accident lawyer at Elia & Ponto will help you in determining additional coverage, which is usually advised for collision. This is due to the fact that the form of coverage will determine the type of recovery. With this being said, as Detroit auto accident lawyers, we can file this claim for you and help you during the process.

A Detroit Uninsured Car accident claim is filed when you or a loved one is injured as a result of the negligence of another vehicle operator who does not have insurance coverage. A Detroit car accident lawyer at our firm can help you file this claim. 

In Detroit, it is estimated that 20% of motor vehicle operators do not have car insurance. In areas like Flint and Detroit, the figure is even higher. This is mainly due to the expensive cost associated with Detroit auto insurance. The specific reason for the price of auto insurance in Detroit being so high compared to the national average varies greatly and causes a lot of debate. There is a 1 in 5 chance that if you were injured in a Detroit car accident, one of the motor vehicle operators involved in the accident is uninsured.

In Detroit, failure to have auto insurance coverage will have a plethora of negative consequences. One of these consequences is that if you are the owner of a motor vehicle that is not insured and are involved in an auto accident, you will not be able to file a claim for Detroit no-fault benefits or sue the at-fault driver for you or a loved one’s pain and suffering. With this being said, you will not be able to file any claim for compensation related to the accident.

If you are injured in a Detroit car accident and do have insurance, but the operator of the other vehicle lacks insurance coverage or are a passenger involved in this form of an auto accident; You are still able to file a claim for pain and suffering compensation by filing a Detroit uninsured motorist claim.

For Detroit residents, uninsured motorist insurance is coverage any motor vehicle owner can purchase from their auto insurance company. Essentially, your insurance company will compensate you for non-economic damages. These forms of damages can include pain & suffering, emotional distress, and loss of consortium. These benefits are for a victim that was injured from the carelessness of an uninsured driver or uninsured motor vehicle. Detroit Uninsured motorist coverage is not a mandatory form of coverage under Michigan law. Basically, a policyholder must elect to purchase form of coverage while they are in the process of getting car insurance.

For Detroit Residents, the minimum amount of uninsured motorist coverage is roughly $20,000/$40,000. This means that $20,000 is available per person or $40,000 for the entire car accident. The uninsured motorist benefit coverage amounts can go up from there. Many people even opt up to purchase $500,000 or even $1,000,000 in Detroit uninsured motorist benefit coverage.

Detroit Uninsured motorist coverage is typically inexpensive. For this reason, it is suggested to get this coverage to be on the safe side.

For Detroit residents, filing an uninsured motorist claim is very easy. After a motor vehicle accident occurs, if you are named on the insurance policy, a victim can get in touch with their car insurance provider and notify them that you were injured in a car accident and would like to file an uninsured motorist claim.

Detroit uninsured motorist claims can be pursued by people who are not named on the insurance policy or policyholders. Typically, insurance policies will usually cover uninsured motorist benefits for any person injured while being in a motor vehicle at the time of a Detroit car accident. You can make an uninsured motorist claim if you are injured in a car accident with an uninsured driver. This claim can be filed with the auto insurance company for the car you were in during the crash.

Uninsured motorist benefit claims stem directly from the insurance contract you have with your auto insurance provider. With this being said, the insurance policy you have will dictate the terms of the application for uninsured motorist benefits. Usually, there are many provisions for notice, obligations, and duties the uninsured motorist claimant will need to follow in order to pursue an uninsured motorist benefits claim. For those filing a claim, provisions must be followed to the best of your abilities in order to see success. Otherwise, you will be forfeiting your right to get Detroit uninsured motorist benefits.

One scenario of this is that many auto insurance policies will require that a police report is created within 24 hours of a hit-and-run accident. If you do not do this, you will not be able to file a Detroit uninsured motorist benefits claim. A plethora of insurance companies will require a person to file a claim for uninsured motorist benefits within 30 days of the car accident. If you or your loved one does not do this, this alone can prevent them from filing a claim.

A critical aspect about these claims is that only people who are not at fault for an accident can file a claim for uninsured motorist benefits in Detroit. That means that if you are more than 50% at fault for the car accident you were involved in, you will not be able to file a claim for Detroit uninsured motorist benefits.

Detroit uninsured motorist benefits can be a valuable option to get compensation after being injured in a motor vehicle accident. If you feel that this information has educated you, it may be a good idea to speak with your car insurance agent about the idea of adding uninsured motorist coverage to your policy. Also, please be sure that the coverage you are adding is sufficient in case you or any person operating your vehicle is injured in a Detroit car accident. If you are having trouble with any of this information, a Detroit car accident lawyer at our firm can help guide you, our Detroit auto accident lawyers are dedicated to providing you with only the best information possible.

In Detroit, No-Fault auto insurance is a term used to describe the situation where, regardless of who is at fault for the accident you were involved in, your insurance will pay for most of your economic losses. Benefits of this form of insurance are referred to as “First-Party Benefits” or “Personal Injury Protection (PIP)” benefits. Benefits that are included in this can consist of medical expense coverage, lost wages, mileage reimbursement, and attendant care.

Pain and suffering due to the injuries you incur as a result of an accident, which are referred to as Non-economic losses, are called “Third-Party Benefits.”  A Detroit auto accident lawyer can help you file a Third-Party claim against the driver who caused the auto accident that you were involved in.

An injured person is eligible for two types of benefits in No-fault auto law for Detroit residents. The first is known as “First party” benefits, which stem from a persons own insurance company. The second is known as “Third party” benefits, these come from the at-fault driver who caused the accident or vehicle’s insurance company.

What are First party benefits? First Party benefits will include personal injury protection (PIP) and property protection (PPI) benefits.

For Detroit residents, Personal Injury Protection benefits will include the following:

• Coverage of all medical expenses
• Coverage of 85% of wages lost (This has a maximum of $5,398 a month as of 10/01/15) for up to three years.
• Coverage of survivor loss benefits (This has a maximum of $5,398 a month as of 10/01/15) 
• You can receive up to $20/day in replacement services. Replacement services include typical household services which are things like household chores and yard work.

What are Property protection benefits? In Detroit, Property Protection benefits will include the following:

Typically, you will receive up to $1,000,000 for damage to another person’s property or parked automobile.

In Detroit, “Third party” benefits will include damage to property and injury to a person.

Bodily injury under Third-party benefits will include the following:

Compensation for severe impairment of bodily function, disfigurement that is permanent, or even the worst of all, death.  Compensation that is payable from the insurance company is restricted to the limits of the legally responsible individual’s insurance policy. In Detroit, $20,000 per person/$40,000 per accident is the minimum limit. With this being understood, additional coverage may be available depending on the insured individual’s policy.  A court may award an amount more than the policy limits. In this scenario, the defendant would be held responsible for the amount that is uninsured.

What is covered in “Third Party” benefits for Property damage?

In Detroit, up to $1,000 of property damage will be covered if you are 50% or more at fault in a motor vehicle accident which resulted in damage to another motor vehicle that is not covered by insurance.

For Detroit residents, No-fault coverage will extend to each individual living in the same house as the primary insured.  Personal Injury protection benefits will be paid even under the circumstance that a member of the household is a passenger in a non-household member’s vehicle or a pedestrian. Anyone who is hurt as a passenger in the insured’s car and does have a no-fault policy of his/her own, personal injury protection benefits will cover them as well.

If you or a loved one is injured in a Detroit car accident, you will need to start your Detroit car accident claim as fast as possible. This will consist of evidence collection as well as identification of witnesses.

In Detroit, you or a loved one will have three years from the date of the car accident to file a Detroit car accident claim to receive Third-Party Benefits. With that being understood, if you do not present a lawsuit against those who caused the car accident before that time frame ends, you will not be able to file a lawsuit against those responsible for the car accident.

Another peculiar aspect is that minors in Detroit will have one year after their 18th birthday to file a lawsuit for a car accident. A few exceptions for personnel of the military, people who are mentally incapacitated, as well as the survivors of people who are fatally injured in a motor vehicle accident.

Detroit residents will have ONE YEAR to file a claim to be reimbursed for No-Fault First-Party Benefits. “First party” benefits include things like lost wages, medical expenses, attendant care, and reimbursement for mileage. If someone files a lawsuit within one year of when an expense related to the accident is incurred, individuals are able to receive these benefits for longer than a year.

For Detroit residents, you will have to show a “threshold injury” to win against a negligent driver to recover non-economic damages in a “Third Party” claim. Typically it is difficult to show that you have suffered this “threshold injury.”

Insurance companies and their lawyers will typically try to say that an injury is not a “serious impairment of a body function.” This is very annoying and gives a Detroit Car accident lawyer at our firm a lot of work.

If you or a loved one was recently injured or killed in a motor vehicle accident in Detroit, a Detroit car accident lawyer at our firm to get the help you deserve.

In short, yes. Under Michigan law, medical coverage for a no-fault related accident continues for the rest of your life, or for as long as you may need treatment. However, it is essential to be aware of the fact that complications may arise related to the payment of your medical bills. If you are facing complications of this nature, contact a Detroit car accident lawyer at our firm now.

In order to have your medical bills reimbursed, the expenses in question must meet certain criteria. This means that a medical bill must be:

• Reasonable in cost
• Reasonable in necessity
• For a procedure or appointment that has already happened.

Michigan state law does not necessitate guaranteed pre-payment for medical bills related to no-fault accidents. From time to time, insurance companies try to avoid paying out for these types of medical expenses by disputing bill amounts or by questioning whether or not a patient genuinely needs a medical procedure ordered by his or her doctor.

No-fault auto insurance providers in the state of Michigan offer two types of medical coverage. These consist of uncoordinated benefits and coordinated benefits. An uncoordinated policy will pay out benefits even if the beneficiary has an outside health insurance policy. Conversely, a coordinated policy functions as secondary insurance by requiring that the beneficiary’s health insurance pays first. The beneficiary’s auto insurance policy then pays the amounts not covered by his or her primary health insurance policy.

You can discern whether you have coordinated or uncoordinated benefits by reviewing your auto insurance policy. A common issue faced by a beneficiary occurs when his or her auto insurance policy and health insurance policy contradict each other about which is obligated to pay the policy holder’s medical bills first. If you are experiencing issues related to this contradiction, or you have questions about your policies, contact a Detroit auto accident lawyer at our firm today.

If you are in a Detroit auto accident, our states no-fault law requires that your own auto insurance company payout to cover the majority of the expenses. Under our states law, there is an established order in which insurance companies are responsible for paying out benefits. This is known as the “order of priority” and is as follows:

1. Your own insurance policy
2. The insurance company of a relative such as a spouse, sibling, or parent, who is a resident of the state of Michigan
3. The insurance company of the owner of the vehicle you were driving
4. The insurance company of the driver of the vehicle in which you were a passenger
5. The State of Michigan Assigned Claims Facility

The Michigan Assigned Claims Facility is a state agency that has the power to assign an insurance company to someone who has been injured in a motor accident, and who is not eligible for any other form of no-fault insurance coverage. This insurance company will then provide benefits to the injured person. You can apply for these benefits by contacting the Assigned Claims Facility at (517) 322-1875 or speaking with a Detroit car accident lawyer at our firm.

The No-Fault Automobile Insurance Law came into effect on October 1, 1973 in our state. Before this, state law made use of a tort liability system that required that fault had to be found in an accident before benefits could be paid out. This system was inefficiently complicated and expensive for those involved. An additional issue was that the majority of parties found at fault did not have sufficient insurance, and injured parties then faced under-compensation. The instatement of no-fault law resulted in more efficient and higher payments of benefits to injured parties and lower costs for legal and administrative fees related to auto accidents.

Because of the way no-fault insurance coverage functions, disputes over who is at fault in an accident are not a factor in a person’s claim for benefits. In exchange for the simplicity of this process, injured parties are precluded from filing lawsuits related to auto accidents except in cases of serious injury, disfigurement, or death. While our state’s no-fault law has faced many challenges from both judicial and legislative systems, the law still continues to guide the outcome of vehicle accident cases in the state. The law itself is structurally similar to the original law implemented over 45 years ago, although minor changes and adjustments have been made to it over time so as to ensure relevancy and applicability. Contact one of our Detroit auto accident attorneys today!

State law requires that a vehicle owner have a no-fault insurance policy in order to register his or her vehicle. If a person is injured in an auto accident, payments will be made from that person’s own insurance company. These payments will cover any collision damage, medical treatments, or wage loss resulting from the accident. While multiple states have no-fault auto insurance laws, our state’s law is the only one to offer unlimited benefits for medical and rehabilitation costs. A Detroit car accident lawyer can help you better understand these concepts with a consultation. Other states have a financial cap on these types of benefits.

The no-fault law in our state entitles an insured person to:

• Personal injury protection (PIP) coverage
• Residual bodily injury coverage
• Property protection insurance.

Yes – under our state law, a person who is unable to work because of injuries sustained in a vehicle accident is entitled to up to 85% of lost wages. He or she is eligible to receive this for up to three years on a tax-free basis. We can help you today if you are having issues related to lost wages or your no-fault benefits. Speak with a Detroit auto accident lawyer at our firm to help you better understand your options.

If a family member is caring for you, he or she may be eligible for reimbursement through your auto insurance company. While there is no law specifying an hourly rate for caregiver services, the amount paid out should be based on the type, amount, and complexity of the assistance your family member provides to you. If you require care from an attendant or a nurse, our state law requires that your insurance company pay for that. This includes any supervision or assistance you may need while recovering at your home, regardless of if you need basic assistance for only an hour per day or 24/7 supervision.

You may also need help completing household chores or running errands. If you previously accomplished a certain task on your own, and you now find yourself paying for services related to these tasks, then you may be eligible to be reimbursed for these expenses. A Detroit car accident lawyer can help you with this. This is also applicable to services you have not paid for, but for which you have promised to pay. 

Under state law, your physician may be required to provide a written statement that identifies the tasks you can no longer perform on your own. The law specifies that an auto insurance company must pay out up to $20 per day in reimbursements for replacement services. A beneficiary is eligible for this benefit for up to three years. If you need help addressing a problem related to the benefits for which you are eligible as a result of an accident, contact a Detroit car accident lawyer at our firm today.

Yes – because medical treatments, tests, and physical therapy may require travel, beneficiaries are entitled to mileage reimbursement to and from medical care.

If you were in an accident caused by a drunk driver, then you may be eligible to file a “Dramshop” claim. A “Dramshop” claim is a lawsuit against a bar, liquor store, or other establishment which has illegally sold alcohol to someone who then caused an accident as a result. An alcohol sale is considered illegal when it is sold to:

• A minor (someone under the age of 21)
• An adult who is already visibly intoxicated.

Our state law requires that a claim of this nature be made within 120 days of retaining an attorney. The claim is made by the accident victim against the establishment that allegedly illegally sold the alcohol in question. If your accident involved a driver who was drunk, contact our office immediately.

Uninsured motorist coverage is an insurance option that you can purchase, which will pay out any needed benefits if you are in an auto accident with someone who did not have insurance coverage, or if the driver left the scene of the accident and could not be identified. All drivers should strongly carry uninsured coverage for this reason.

Underinsured motorist insurance can be purchased to provide coverage in the event that you are in a motor accident and the other party’s insurance does not provide sufficient benefits to cover your medical needs. This is typically needed when a car accident results in a very serious injury.

If you have a claim involving uninsured or underinsured coverage, you may wish to consult with a Detroit auto accident attorney. Cases of this nature must be handled in an appropriate and careful nature, as they can be complicated. Not only that but settling your case too quickly could cause you to forfeit your right to additional coverage, thus preventing you from getting financial coverage for the medical benefits you need.

A Detroit car accident lawyer can help you file a Detroit car accident claim, understand Detroit car accident claim time limits, and most of all help you receive compensation if you or a loved one was injured or worst of all, killed in a Detroit motor vehicle accident. Our Detroit auto accident attorneys are always standing by to help you regardless of how difficult you think your case will be to win. Here at Elia & Ponto, we treat each and every client like family and fight hard for your rights.