If you’ve been injured by a company vehicle driver, you probably have more questions than answers about the legal process. Who’s responsible for medical bills and other losses? Can you sue the responsible driver, or even the company? How long do you have to file a claim?
Immediate Steps After the Crash
Your top priorities after a company vehicle accident are your health and safety. Call 911 or have someone call on your behalf. A medical evaluation creates a paper trail documenting all injuries you sustained, including those that may not be immediately apparent.
By Michigan law, all parties to the accident must exchange insurance and contact information. Any accident involving personal injury, death, or property damage over $1,000 must also be reported to law enforcement. Officers responding to the crash can assist with both of these steps.
Finally, you should also consider hiring an attorney as soon as you are able. While you focus on your recovery, they can work on your behalf to preserve evidence, manage insurance claims, and prepare a third-party claim if your injuries exceed the legal threshold.
How Michigan’s No-Fault System Affects You
Michigan is a no-fault state. This means you must file a Personal Injury Protection (PIP) claim with your own automobile insurer for medical expenses and up to three years of partial lost wages and household services. Attendant care, prescription reimbursement, medical mileage to and from these appointments are also considered PIP benefits. PIP coverage applies regardless of who was at fault for the accident.
State law establishes a one-year time limit to notify your insurer of your injury. The sooner you file a claim, the better your odds of being approved for benefits. If you don’t have No-Fault insurance available, benefits may still be available to you through the Michigan Assigned Claims Plan as long as you are a Michigan resident.
Can I Sue for Pain and Suffering After a Company Vehicle Accident in Michigan?
A third-party claim can help you recover non-economic damages, such as pain and suffering or lost quality of life. Michigan’s owner’s liability statute also allows you to hold a business responsible if one of its employees drives a company vehicle with its consent and acts negligently and this negligence causes you harm.
To file a third-party claim, you must have sustained injuries that meet or exceed Michigan’s no-fault threshold. This includes either of the following circumstances:
- You were permanently and seriously disfigured as a result of the accident.
- You have a serious impairment of body function as a result of the accident.
The state’s comparative fault rules still apply even if your injuries are over the threshold. The court can reduce your damages by the percentage of responsibility it determines you have. If you are over 50% responsible for the accident, you cannot recover non-economic damages at all. You are able to recover excess economics such as wage loss beyond three years, etc.
Time Limit To File a Company Vehicle Accident Claim
Michigan’s statutory filing deadlines are nuanced, and your lawyer can explain the specific time frames that apply to your third-party claim. Generally, you have three years from the date the accident happened to file the claim. If you miss this deadline, the court will dismiss your case. Much shorter time periods apply in some instances.
If the accident involved a government-owned vehicle, the law also requires you to file a written notice of intention before you can file a third-party claim. The deadline to provide this notice depends on the specific entity. Your lawyer can educate you about the timing.
Contact a Metro Detroit Company Vehicle Accident Lawyer
If you’ve been injured in a company vehicle accident in Detroit, you can trust the attorneys of Atnip & Associates, PLLC, to evaluate your case. As a former insurance defense lawyer, our founder understands the tactics the other side uses to deny claims. She and her team have over 85 years of combined experience helping everyday Michiganders with a thorough, collaborative, and always compassionate approach. Contact our office today for a free consultation.
