FAQ's about Auto Accidents and Answers from Michigan Auto Accident Lawyers

Video: Michigan auto accident attorney Mark Bernstein discusses how to protect your legal rights after a Michigan auto accident.

Question: If I receive wage loss benefits from my own Michigan auto accident insurance company , is there a limit to how much they will pay me per month?
Answer: Yes.  Michigan auto accident law places a cap on the maximum monthly payout of no-fault wage loss benefits.  This amount is adjusted every year for inflation.

Question: Are my wage loss benefits taxable?
Answer: If you are receiving your wage loss benefits through a motor vehicle insurance company, because of an accident, those benefits currently are not taxable under Michigan and Federal law.

Question: What if I was driving a motor vehicle that was uninsured at the time of the Michigan auto accident ? Answer: If the car you were driving is uninsured and you were the registered owner of the vehicle, then you are legally barred from bringing suit against an at-fault driver and from claiming First-Party benefits.

Question: What if the police say that I was at fault in the car accident?
Answer: If you are determined to have been more than 50% at fault, then you do not have a claim against the other parties involved in the auto accident.  However, it is strongly recommended that you check with our office about the percentage of fault that is likely to be attributed to you in a Michigan auto accident.

Question: What is Uninsured Motorist Coverage?
Answer:  Uninsured Motorist Coverage is an auto accident insurance coverage option that allows you possible recovery from your insurance policy, if the at-fault driver does not have insurance coverage or if the at-fault driver cannot be identified (i.e. hit and run driver).  It is recommended that all drivers carry uninsured coverage.

Question: Is there a difference between uninsured motorist coverage and underinsured motorist coverage?
Answer:  Yes.  Underinsured coverage provides an additional source of collecting for serious injuries caused by an auto accident.  It is different from uninsured coverage, which is available when the at-fault vehicle had no identifiable insurance. 

For example, if you carried a policy of $100,000 underinsured coverage and the at-fault driver only had a $20,000 insurance policy, it would be possible to seek up to $80,000 in additional compensation from your own insurance company.  This is possible, if your car accident attorney has secured a tender offer for the full amount of the underlying insurance policy. 

Claims for uninsured or underinsured coverage must be handled very carefully.  An uninsured endorsement on a policy does not necessarily include an underinsured endorsement.  Your premature acceptance of an underlying policy in full settlement of a claim could forfeit your right to additional coverage.  To protect all your rights, contact our office for a free legal consultation.

Question: What if the person who hit me had been drinking?
Answer: This may entitle you to a Dramshop Claim.  This is the legal term for a lawsuit against a liquor store, bar, or other business, which illegally sold alcohol to a person involved in an automobile accident. 

The most common Dramshop Claim involves alcohol sold to someone who is visibly intoxicated.  A valid Dramshop Claim also exists if alcohol was served to a person who is under 21 years of age. 

Michigan laws governing Dramshop Claims are complicated and require the injury victim to assert the claim with 120 days after he or she retains an attorney.  If alcohol was involved in your accident, you should contact our office immediately.

* For more information about your legal rights after a Michigan car accident, visit our special website, www.michigan-auto-accident.com, dedicated to helping Michigan auto injury victims.