Ok, It was bound to happen.
You have been in a car accident.
You felt OK right after the crash, but the next day your back and neck are really sore.
What to do??
Well, first and foremost go see your family doctor and follow their advice.
Whether you caused the accident or not, you are entitled to certain benefits from the insurance company. You need to contact the insurance company and complete a simple form called an application for no-fault benefits. These benefits are called 1st party or PIP (Personal Injury Protection) benefits. If you suffer an injury in a car accident you are eligible for these benefits no matter how the accident happened.
So, what are PIP or first party benefits?
Here are the basics you need to know. Michigan is a No-Fault Insurance state. As a result, your own insurance company pays your benefits whether or not you were at fault. First-Party benefits include things such as lifetime medical expenses, three years of wage loss (85% of your pre-accident wages), replacement services ($20 per day) and attendant care benefits.
If you are seeking damages for pain and suffering or non-economic benefits, you must file a third party case. These cases involve bringing a lawsuit against the at fault driver who is defended by their auto insurance company. Under Michigan law, the standard is to show a “serious impairment of body function.” (For a more in-depth discussion of this standard see the blog entry on 08/26/2010). In many cases, the individual may choose to file both types of cases.
The best way for to assess your rights in regards to either type of case is to speak to an attorney at SMDA Law with two convenient locations in Sterling Heights, MI or at our West Michigan location in Zeeland!