Michigan Car Accident Attorneys Blog

Safety Tips for the winter:

1. Get car battery checked to make sure it is in good working order.

2. Keep a 1/4 tank of gas in the car to keep lines from freezing.

3. Change AntiFreeze to make sure it is good in very cold weather.

4. Keep extra jackets, gloves and boots in the trunk in case the car breaks down.

5. Make sure flares are fresh and in proper working order.

6. Keep jumper cables in your trunk.

7. Carry extra windshield wiper cleaner in vehicle.

8. Keep extra blankets in the trunk to keep warm in case of an emergency.

9. Keep a cell phone on your person at all times, so you can call for help.

10. Do not allow small children to leave in cars without the proper cold weather gear, even if only for short trips. Anything can happen in cold weather.

Our firm has been instrumental in convincing insurance companies to pay attorney fees as part of the total resolution of no fault claims. Recently, the firm has had many cases settle with the payment of attorney fees as part of the claim. While attorneys do not like to pay those fees, sometimes it becomes necessary because the exposure to such fees can be so high.

The law holds that if an insurer does not pay benefits within thirty days of receipt of reasonable proof, then they run the risk of being on the hook for the payment of attorney fees. This is especially true if the Jury finds that the refusal to pay or delay in payment was unreasonable and awards penalty interest.

The insurance company assumes the risk that the decision to terminate benefits or delay payment was reasonable. In fact, there is a presumption of unreasonableness for every delay made by an insurance company.

Aggressive litigation in no-fault cases is extremely critical to good resolution of claims. How do you find the right firm to take your no-fault case? Your personal protection benefits are a critical part of your claim. It is a very intricate part of the law. It is important that the firm you hire to protect you, knows how to get the most benefits available to you. Our firm specializes in the payment of no-fault benefits and protecting our clients rights. Our attorneys have several years of experience in helping injured persons obtain their no-fault benefits.

Continue reading "Pursuing No-Fault Claims Aggressively " »

Now that school is back in session, bus and pedestrian safety is extremely important.

Here are some tips to keep yourself and your children safe during the school year:

Continue reading "Bus and Child Safety " »

Now is good time to sit down with your child for a refresher course on stranger safety. If your child is approached by a stranger, they will have a better chance of avoiding a significantly dangerous situation.

The following are tips to help keep your children safe:

Continue reading "Stranger Safety: Keeping Your Children Safe" »

What do your premiums get you?

Continue reading "Auto Insurance, Part II" »

What does your auto insurance policy get you?

Continue reading "Insurance, Part I" »

There is a very significant MI Supreme Court Race election in November. As the law stands right now 90% of all slip and falls on another person's property, commercial, private or otherwise, are not compensable. There is simply no liability. The growing concept known as open and obvious, expands to every hazardous condition that can be seen upon causal inspection, including the presence of ice and snow.

If you slip and fall on ice and snow, regardless of the condition or your injury you will likely have no cause of action. There is no duty by the premises owner to clean up the ice and snow in order to make it safe for public travel. Clearly, this is ridiculous. What is even more ridiculous is that this law was not created by our legislature. It was been created by ultra conservative opinions issued by our Michigan Supreme Court Justices.

So, if you encounter snow and ice, even if the sidewalk is completely covered and you fall you will likely have no recourse for your pain and suffering and even payment of your medical bills.

In November 2010 Judge Connie Marie Kelley, Judge Shelia R. Johnson and Bridget McCormack will oppose Justice Brian K. Zahra, Justice Stephen J. Markman and one candidate to be named in August for election to the Michigan Supreme Court in 2012.

Justice's Markman and Zahra currently serve on the Michigan Supreme Court and are responsible for helping to create the ultra conservative current state of the law. If you think the law is too conservative, it may be time for a change, in order to balance the power of the Court.

If you think this election does not impact you, you are wrong.

Continue reading "Important MI Supreme Court Race, November Election" »

The MI Supreme Court once again took another bite out of premises liability cases, this time claiming that even a business invitee with a contractual right to enter a fitness center as a member, did not have a cause of action, after sustaining injuries due to an icy sidewalk.

The Plaintiff claimed that the condition was unavoidable because she had a business interest in entering the premises as a gym member. However, the Court held that because of Michigan's geographic location, it makes it prone to winter, ice and snow. Thereby, holding that ice on a sidewalk was once again an open and obvious danger.

Continue reading "Premises Liability" »

The following are more practical ways to keep yourself and your family safe:

-NO TEXTING AND DRIVING:

Deadly distractions such as texting while driving are becoming increasingly more common. Texting is an intrigal part of our everyday life. However, is not a harmless action because you have to take your eyes off the road to text and traffic conditions can change very quickly. During that time, a vehicle can pull out in front of you: You may go through an intersection on a red-light: You may not be able to stop in time and rear-end the vehicle in front of you. The person you hurt may not be the other guy, it may be you and your family.

-CUTTING OFF SEMI TRUCKS:

Everytime there is heavy traffic, there always seems to be vehicles attempting to speed past the stopped traffic and pull into the gaps left by semi trucks, in order to try to get to where they are going faster. This is a deadly proposition since it takes a semi-truck much longer to stop then a car, SUV or pick-up truck. It is never a good decision to speed up and get in front of a semi truck and then slam on your brakes for the stopped traffic in front of you. Semi trucks weigh tens of thousands of pounds. Getting hit by a semi truck hauling 80,000 pounds at two to three miles per hour, delivers a significantly powerful blow. It is much different than getting hit by a battery powered toddler car going the same speed.

-DEFENSIVE DRIVING:

Always look ahead 12 seconds and adjust your speed according to what you see ahead. Always anticipate what could happen and slow down. As you approach blind intersections or areas where vehicles could be coming out from blind spots, slow down and wait until you can make sure it is clear. Never let another vehicle wave you into traffic, unless you can completely see where you are going. If another vehicle stops to let you in and is blocking your view, wave them on. Never ever proceed into traffic if you cannot see.

The following are practical steps to keeping yourself and your family safe during the summer:

Continue reading "Summer Safety Part I, Preventing Auto Accidents" »

If you are fortunate enough to have primary health insurance you and you are involved in an auto accident, you have the unfortunate responsibility of making sure you stay within your primary plan’s coverage zones and obtain medical care by providers who subscribe to your primary health care insurance plan. If you do not do this, your no-fault carrier may have a good reason to deny payment of those bills.

However, there are some exceptions to staying within your coverage plan. One of those exceptions would be if your primary health care plan does not provide for the specialty care or services needed in connection with your auto related injuries. This is an intricate analysis and usually involves injuries which are catastrophic.

If you have been injured in an auto accident and are faced with inadequate health care service choices call our office for guidance so that we can explore getting you the treatment that is reasonably necessary and not necessarily that which is connected to your primary health care plan. If faced with this type of scenario, you need an expert no-fault lawyer. Our office has lawyers who are expert no-fault attorneys who have dealt with these issues. We can help you get the treatment you need and make your recovery less stressful so that you do not have to maneuver the complicated no-fault law on your own.