Filing Third-Party Claims After A Michigan Car Accident
Sorting out who is responsible for what after a car accident can be complicated. Our car accident lawyers have decades of experience helping those injured in automobile accidents recover compensation for their injuries and loss. In the state of Michigan, sometimes it is possible to file a third-party lawsuit. If you need a third-party lawsuit lawyer, the legal team at Biggs & Gunst P.C. Attorneys At Law in Ann Arbor can guide you through a third-party claim.
What Is A Third-Party Claim?
A third-party claim is a claim or lawsuit filed against someone else’s insurance. In the state of Michigan, the no-fault insurance laws require that you first make a claim for your injuries and lost wages against your own insurance carrier. A third-party claim is a claim for negligence against the person who was at fault for the accident for damages above and beyond the compensation you receive under your no-fault insurance claim.
How Is A Third-Party Lawsuit Different From A No-Fault Claim?
A no-fault claim, is also called a first-party claim. Under the no-fault laws in Michigan, after an accident, a first-party claim or no-fault claim must be filed with your own insurance carrier first. A no-fault claim will pay for your medical bills and lost wages, or damage to someone else’s property.
A third-party lawsuit can be filed against the person who caused the accident. In a third-party lawsuit, you may also be able to recover damages for:
- Permanent disfigurement or scarring
- Pain and suffering
- Loss of enjoyment in life
In a third-party lawsuit, you must be able to prove that the other driver caused the accident. You must also be able to prove that there was serious damage, disfigurement or permanent impairment.
When Can You File A Third-Party Claim In Michigan?
In order to file a third-party claim in the state of Michigan, you must be able to prove that the person you are filing the claim against was negligent and caused the accident. Your own contribution to fault cannot be more than 50%. You also have to prove that your injury or impairment was substantial and enough to affect your ability to lead a normal life.
What Are the Benefits Of Filing A Third-Party Claim After A Car Accident?
A third-party claim offers those who were seriously injured as the result of someone else’s negligence the chance to seek additional damages, above and beyond what they might be able to recover from their own no-fault insurance claim. An experienced car accident lawyer will be able to help you better understand your rights to recover damages from a third-party lawsuit.
Schedule A Free Consultation With A Third-Party Lawsuit Lawyer
If you have been injured in an accident and believe that you might be able to file a third-party claim, our lawyers offer free, initial case evaluations. You can call our office at 734-720-4445 or send us an email through our website to schedule your free appointment.