Out-of-State Residents in Michigan Car Accidents
Michigan car accidents can cause life-altering injuries and hefty medical bills. When you are an out-of-state driver, the complexities of Michigan’s no-fault insurance system and jurisdictional issues can leave you uncertain about your rights and responsibilities.
- What Are the Legal Rights of Out-of-State Residents
- Filing a Third-Party Claim
- Are There Insurance Complications With Out-of-State Driver Accidents?
- What Legal Considerations Are There for Out-of-State Drivers Involved in a Michigan Collision?
- Why Do I Need a Michigan-Based Attorney?
- Get the Help You Deserve By Arranging Your Free Consultation Today
- Additional Car Accident Resources
- FAQs:
At Cochran, Kroll & Associates, P.C., we understand the anxiety and confusion that can arise when you are involved in a car accident, especially when it occurs far from your home state. As a non-resident involved in a car crash in Michigan, you might be unaware of the state’s laws regarding road accidents and personal injury claims.
If you’re hurt in a crash while driving in Michigan, our Michigan car accident lawyer can protect your rights. We represent out-of-state residents in Michigan car accidents and can guide you through filing a claim so you can receive fair compensation for your injuries.
What Are the Legal Rights of Out-of-State Residents
Car accident cases are governed by the laws of the state where they occurred. If injured in a Michigan car accident, you must follow the state’s rules for filing a compensation claim.
Michigan operates under a no-fault insurance system, meaning individuals file with their insurance companies for compensation in a car accident, no matter who caused the crash.
Even as a non-resident, it is vital to have a fundamental understanding of how this system works. Our car accident out-of-state insurance attorneys can help you understand your legal options and insurance claim coverages.
Filing a Third-Party Claim
While the no-fault law covers your basic needs, sometimes it is necessary to file a third-party claim against the at-fault driver for non-economic damages such as pain, suffering, and emotional distress. Our skilled lawyers will help you evaluate the merits of your case and represent you in pursuing a third-party claim.
Are There Insurance Complications With Out-of-State Driver Accidents?
Our car crash attorneys at Cochran, Kroll, & Associates, P.C., can help you navigate insurance complications that arise when you’re injured as an out-of-state driver, including.
- Michigan’s no-fault insurance system. In Michigan, each party’s personal injury protection (PIP) insurance will cover their own medical expenses and lost wages. All Michigan residents must have at least $50,000 worth of PIP insurance to address damages from an accident. If you don’t live in Michigan, you may not have this coverage, which can affect your potential compensation.
- Michigan liability insurance minimums. If your home state uses an at-fault system, you might face challenges when dealing with accidents in Michigan. Although you can file a claim with the Michigan driver’s liability insurance, their policy limits may not be enough to cover the cost of your damages.
- Your insurance policy coverages. As an out-of-state resident, you may be required to have an uninsured motorist policy or other specific coverages. If the Michigan driver doesn’t have insurance or there is a gap in their policy versus your damages, your UM policy can make up the difference.
- Specific coverage exclusions. There are specific coverage exclusions that may apply to certain out-of-state residents. For instance, if you are a college student who lives and drives in Michigan but hasn’t purchased the required PIP insurance, you may be disqualified from receiving benefits even though you temporarily live in the state.
What Legal Considerations Are There for Out-of-State Drivers Involved in a Michigan Collision?
In addition to insurance complications, there are several legal issues that you may face as an out-of-state driver involved in a Michigan collision. A knowledgeable auto accident attorney from Cochran, Kroll, & Associates, P.C. can help you with the following legal complexities surrounding your accident:
- Modified comparative negligence. Michigan uses a modified comparative negligence system. If you are found to be partially at fault for the accident, any compensation you might receive can be reduced by the percentage of your fault. However, you may not recover any damages if you are more than 50% at fault.
- Serious injury threshold. In Michigan, the injured party must meet the “serious injury” threshold before filing a lawsuit for pain and suffering. This typically means that the injury has to result in death, permanent disfigurement, or serious impairment of a body function.
- Michigan jurisdiction for court proceedings. Even if you are an out-of-state resident, any legal action must be initiated within Michigan’s legal system. Hiring Michigan-based legal representation may be necessary to fully protect your rights and help you seek maximum compensation under the state’s personal injury laws.
Why Do I Need a Michigan-Based Attorney?
Hiring a Michigan-based car accident attorney is essential when dealing with legal issues after a crash. Our legal team at Cochran, Kroll, & Associates, P.C. can represent your interests using our knowledge of Michigan’s insurance system and negligence laws.
- In-depth knowledge of Michigan’s laws. Our attorneys provide comprehensive insights into Michigan’s no-fault insurance system and the modified comparative negligence rule, ensuring you’re positioned to secure the rightful compensation you deserve.
- Navigating the serious injury threshold. Eileen Kroll, a registered nurse and partner attorney, can use her medical and legal training to ensure your injuries are accurately represented and aligned with Michigan’s serious injury criteria.
- Guidance on jurisdictional procedures. Our attorneys can help you manage cross-jurisdictional complexities. We ensure that legal proceedings are initiated within Michigan, minimizing potential issues arising from out-of-state intricacies.
- Litigation and trial representation. If your case goes to court, our experienced trial attorneys will represent you, using their in-depth knowledge of Michigan’s legal system to advocate for your best interests.
- Effective communication. From insurance adjusters to opposing counsel, our attorneys handle communications, representing your interests and protecting your rights.
- Expertise in inter-state law. Our attorneys have experience handling multi-state legal matters. We can help decipher applicable state laws, navigate insurance regulations, or handle cross-border legal disputes, helping you secure a fair payout in your inter-state case.
Get the Help You Deserve By Arranging Your Free Consultation Today
Time is of the essence when involved in a car accident in Michigan. Reporting the accident promptly and initiating legal proceedings within the statutory limits is vital.
Engaging with our proactive legal team ensures that all necessary steps are taken in a timely fashion, protecting your rights and maximizing your compensation. Contact us today to schedule a free consultation.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at (1-866-779-7331) and schedule your no-obligation, free case evaluation.
Additional Car Accident Resources
- Michigan Car Accident Laws: Your Questions Answered
- 10 Statements to Avoid Making After a Car Accident
- What Happens When the Insurance Company Refuses to Pay My Car Accident Claim?
FAQs:
What should I do as a Michigan resident injured in another state?
As a Michigan resident injured in another state, you must report the accident to your insurance provider. While Michigan has a no-fault system, out-of-state rules might differ. Consult a lawyer familiar with inter-state accident claims for guidance.
Why is it beneficial to hire a Michigan-based attorney if I am an out-of-state resident involved in a Michigan car accident?
Hiring a Michigan-based attorney is beneficial as they are familiar with the unique aspects of Michigan’s no-fault insurance laws and other state car accident regulations.
As an out-of-state driver, am I eligible for benefits under Michigan’s no-fault insurance system after a collision?
While Michigan residents are covered under the no-fault system, out-of-state drivers may only qualify if they own a vehicle registered and insured in Michigan. A Michigan-based attorney can review the circumstances of your case and offer clarity on your eligibility.
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Getting The Help You Need For a Michigan Car Accident
An auto accident lawyer at Michigan’s top-rated law firm, Cochran, Kroll & Associates, P.C., will share with you information and advice that you won’t get from your insurance agent.
Victims of car accidents in Michigan can receive the maximum damages possible by relying on the expertise and trial experience of the car accident lawyers at the law firm of Cochran, Kroll & Associates.
If you believe you are a victim, let the attorneys experienced in car accident law at Cochran, Kroll & Associates, P.C. take on your case and fight for your rights. We offer a free consultation, and there is no obligation for car accident case evaluation. There is also no fee charged unless a recovery is made. Make an appointment today by filling out the interest form on our website.
Michigan Car Accident No-Fault Law Changes
Terry Cochran explains where we are today with Michigan’s No-Fault Insurance and the benefits of the current structure: “Since 1973, Michigan has had one of the most progressive no-fault laws. We have guarantees for accident victims that medical bills and full care will be covered for life.”
“Proposed changes will limit access to medical care providers and limit the amount of money available for car accident victims. The lowest coverage is $500,000. In the case of a catastrophic injury, that amount will be spent within the first six weeks.”
The elderly are particularly vulnerable. Seniors do not want to be a burden to their families, and it’s pretty clear that Medicare just won’t have funds to cover these expenses.
The insurance companies say the changes will allow for lower insurance premiums, but they make no commitments. Proponents of the proposed changes have a legitimate claim that medical and care expenses need more controls. Cochran, Kroll & Associates supports increased oversight of medical services and believes we need a more thorough review of services and goods by the medical community.
The Law Offices of Cochran, Kroll & Associates, P.C. is dedicated to representing individuals and families who have suffered catastrophic losses due to injuries, disabilities, and death. The firm does not represent insurance companies or corporations but instead bases its practice upon representing individuals and families.
