New Auto Accident Law in Michigan and What It Means To You
Michigan follows the no-fault automobile insurance statute. This usually means the car accident victim does not have the power to sue the person (third party) who caused the accident. Generally, instead of collecting damages from the person who caused the accident, the victim recovers directly from the insurance company (first party). Although this may create a quick recovery of the loss, it also eliminates the chances of a greater recovery due to the threshold that the Michigan Supreme Court had created.
Under the old law set by Kreiner v. Fisher, in order to sue a third party that caused your injuries the victim must have had "suffered death, serious impairment of body function, or permanent serious disfigurement." This was extremely hard to prove and severely restricted the rights of victims in auto accidents taking place in Michigan. Breaking bones and many many other injuries were not taken into account because they didn't impede the victim from living a "normal life." Under the old law, this threshold test was construed so as to make it almost impossible to achieve full recovery for the victims injuries.
Two weeks ago this Michigan Auto Accident Law was overturned providing relief to car accident victims in Michigan. Mccormick v. Carrier is the new precedent replacing the previous Kriener v. Fisher. After new interpretation of the phrase "serious impairment of body function" a new threshold test is put into place. The three requirements include " 1) an objectively manifested impairment (observable or perceivable from actual symptoms or conditions) (2) of an important body function (a body function of value, significance, or consequence to the injured person) that (3) affects the person’s general ability to lead his or her normal life (influences some of the plaintiff’s capacity to live in his or her normal manner of living).
This threshold test is much easier to prove than the previous law! Now injuries such as broken bones, and other serious injuries will allow the victim to sue the person that caused the actual injuries. What does this mean for you? It means that if you are hurt in an auto accident in Michigan, you have a much better probability of having a realistic chance of suing the party that actually caused your injuries. Finally the Supreme Court has taken a stand for the rights of victims against the interests of the big bad insurance companies!
If you want to know how your case is affected by this new Michigan law or whether you can now receive compensation for your auto accident injuries, call Auto Accident Attorney David M. Clark at The Clark Law Office today @ 517-347-6900