Motorcycle accident, no fault, MI

[justalayman]

Multiple foot fractures will most likely cause SOME degree of permanent damage.

buay I do not believe it exceeds the threshold to meet the requirement of serious impairment of body function as defined in Michigan law.

"serious impairment of body function" means an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her normal life.

 

[ecmst12]

Won't be known until after the injury was healed BUT OP should be consulting a lawyer now. A real personal injury lawyer, which I'm not sure his lawyer is.

 

[justalayman]

Won't be known until after the injury was healed BUT OP should be consulting a lawyer now. A real personal injury lawyer, which I'm not sure his lawyer is.

. But I had to go to the ER. I have gotten 5 foot fractures, no screws had to be put in though. So I have to be in a cast and on crotches for 6 weeks and then with a walking boot on for another 4 weeks.

OP has one year from the accident to file for benefits. Not sure why one should consult an attorney now. Generally all they are going to do now is push their way into the situation to be able to make money off the stuff that could simply come without a fight.

 

[ecmst12]

Because a lawyer will be able to give him a realistic idea of what he might hope to collect and start gathering the needed evidence. Might also be able to help him with his property damage claim, or at least explain things to him so that he'll understand. MI's laws are so weird, professional help is his best option.

 

[justalayman]

Given the amount of damages (probable less than $10k of recoverable damages at this point), I don't see a lawyer getting all excited. OP has up to one year to even make a claim for the damages. (but has to make a written claim for benefits within that year). If he reaches the threshold of serious impairment of body function, he has 3 years to file suit.


this is from a case about 8 years ago:

M.C.L. § 500.3135(7), defines "serious impairment of body function" as "an objectively manifested impairment of an important body function that affects the person's general ability to lead his or her normal life."

The following nonexhaustive list of objective factors may be of assistance in evaluating whether the plaintiff's "general ability" to conduct the course of his normal life has been affected: (a) the nature and extent of the impairment, (b) the type and length of treatment required, (c) the duration of the impairment, (d) the extent of any residual impairment[17], and (e) the prognosis for eventual recovery.[18] This list of factors is not meant to be exclusive nor are any of the individual factors meant to be dispositive by themselves. For example, that the duration of the impairment is short does not necessarily preclude a finding of a "serious impairment of body function." On the other hand, that the duration of the impairment is long does not necessarily mandate a finding of a "serious impairment of body function." Instead, in order to determine whether one has suffered a "serious impairment of body function," the totality of the circumstances must be considered, and the ultimate question that must be answered is whether the impairment "affects the person's general ability to conduct the course of his or her normal life."[19]

So far, it doesn't even sound close to reaching the threshold.


but hey, it's not my money he is spending. Until it reaches that threshold, I'll bet it will be on an hourly basis.

 

[pavell1995]

Thanks for everyone, for your answers. I think, that I might would have to change my lawyer.

 

[KennethAWilhelm]

A non-Michigan resident who is injured in a Car accident while in Michigan may be able to make a claim for Michigan no-fault insurance benefits, even if they live in a state that does not have no-fault insurance benefits and their own insurance policy does not provide for these benefits. This is a tremendous benefit for the out-of-state resident because Michigan No-Fault insurance benefits pay for wages lost from work, medical expenses, and household chores. For a non-resident injured in a Michigan car accident to qualify for no-fault benefits, there are several factors to consider, including:

1. Whether the person was driving their own car, and if so, whether the person's auto insurance company was certified in Michigan.
2. Whether the person was a pedestrian; and
3. Whether the person was a passenger in a Michigan registered vehicle, or was a passenger in a vehicle which had auto insurance that was certified in Michigan.

In addition to receiving no-fault benefits, a non-Michigan resident injured in a Michigan car accident may be entitled to make a claim against the at-fault driver for other money damages, including for pain and suffering damages and disfigurement.

 

[justalayman]

A non-Michigan resident who is injured in a Car accident while in Michigan may be able to make a claim for Michigan no-fault insurance benefits, even if they live in a state that does not have no-fault insurance benefits and their own insurance policy does not provide for these benefits. This is a tremendous benefit for the out-of-state resident because Michigan No-Fault insurance benefits pay for wages lost from work, medical expenses, and household chores. For a non-resident injured in a Michigan car accident to qualify for no-fault benefits, there are several factors to consider, including:

1. Whether the person was driving their own car, and if so, whether the person's auto insurance company was certified in Michigan.
2. Whether the person was a pedestrian; and
3. Whether the person was a passenger in a Michigan registered vehicle, or was a passenger in a vehicle which had auto insurance that was certified in Michigan.

In addition to receiving no-fault benefits, a non-Michigan resident injured in a Michigan car accident may be entitled to make a claim against the at-fault driver for other money damages, including for pain and suffering damages and disfigurement.

1. the person was not driving a car
2. obviously the person was not a pedestrian
3. the OP was obviously not a passenger in any motor vehicle


You apparently also missed the point the OP is a MI resident for purposes of this issue.

You apparently also missed the point that the OP was not in a "motor vehicle" so the rules applied are very different.

It's great to help but all you have done is post a general information snippet from some other website that has no new information and no specific information actually.

 

[pavell1995]

I was talking to the other persons adjuster recently. He gave me a fax number to send my medical bills to. Hopefully those will be paid quick, cause the hospital was telling me, that the bill is past due...
As far as I know they are already over 8000$. He also told me that I will get my pain and suffering compensation. And on monday he was going to talk to my lawyer to talk about it. Maybe I somehow do meet the threshold to get my compensation???

 

[justalayman]

or maybe they are doing it to avoid any litigation or, maybe they are just telling you that but when it comes to writing the check, they will refuse or maybe there is recent case law that defines the injury as a serious impairment of a body function and does qualify you for pain and suffering.


Glad they are at least moving towards a resolution though. Feel welcome to post follow ups on this.

 

[pavell1995]

I really... Really hope, that this would work out. Cause I do need some money to recover. But anyway even a 1M$ would not heal my bones, like they were before that...

 

[pavell1995]

Update: Recently, I have been diagnosed with an anxiety syndrome. Also I've gotten medical records of the fact, that I've had a concussion after my accident. My lawyer, said, that he have sent an e-mail to the adjuster about the settlement. Should get a response today or on Monday. And then, we'll see, where it goes from there.

 

[pavell1995]

UPD:
Today I was awarded 20 000$ compensation(policy limits) without even filing a lawsuit. My lawyer and the insurance company just agreed on it. So those, who were pessimistic about it were wrong. The only bad thing is that my lawyer will get 1/3 of it. I think it is too much.

So, now I just have to turn in some paperwork regarding my transportation and household expenses, and I am done!

 

[pavell1995]

Also in addition to those 20 000$ from the at-fault party insurance, my lawyer said, that we might recover up to 50 000$ from my insurance company, cause I had uninsured/underinsured coverage. That would be awesome!