Frequently Asked Questions about Michigan Pedestrian Accidents

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 the lawsuit against the liquor store, bar, or other business, which illegally sold alcohol to the person who caused the motor vehicle accident.  The most common Dramshop Claims involve alcohol served to someone who was visibly intoxicated.  A valid Dramshop Claim also exists if a person under age 21 was served alcohol.  Michigan laws governing Dramshop Claims are complex, and require the injury victim to assert the claim within 120 days after he or she retains an attorney.  If alcohol was involved in your accident, contact our office right away.

Question: If I receive wage loss benefits from my own insurance company, is there a limit on the amount it will pay me per month?
Answer: Yes.  Michigan 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 Michigan No-Fault auto insurance company, because of a motor vehicle accident, those benefits currently are not taxable under Michigan and Federal law.

Question: What if the police say I was at fault in the accident?
Answer: If you are determined to have been more than 50% at fault in an auto accident, then you do not have a claim against the driver or other parties involved in the accident. However, we strongly recommend that you check with our office about the percentage of fault that might be attributed to you for an accident. 

Question: What is uninsured motorist coverage?
Answer:  Uninsured motorist coverage is an insurance coverage option which may allow you to recover from your own insurance policy, if the at-fault driver did not have insurance coverage or cannot be identified (i.e. hit and run driver).  We recommend that all auto owners 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 in an 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 there was a $20,000 policy of insurance on the at-fault diver, you could seek up to $80,000 in additional compensation from your own insurance company.  This is possible, if your attorney secured a tender offer of the underlying policy of insurance. 

These claims must be handled very carefully.  An uninsured endorsement on a policy does not necessarily include an underinsured endorsement. Premature acceptance of an underlying policy in full settlement of a claim could forfeit your right to uninsured insurance coverage.

Protect your rights. 

If you or a loved one was seriously injured in a Michigan pedestrian accident, talk with an experienced Michigan pedestrian accident lawyer.  Please submit a simple, free and confidential legal consultation form now.

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