No-Fault Insurance 3rd Party Tort Claims: When Can You Sue?

No-Fault Insurance 3rd Party Tort Claims: When Can You Sue?

by / Wednesday, 29 January 2014 / Published in Goodwin & Scieszka, Motor Vehicle Accidents

A 3rd party claim is a claim made outside of your insurer. To sue, you must meet Michigan’s threshold statutory requirement, which includes:

• Death
• Permanent disfigurementNo Fault Threshold
• Serious impairment of a bodily function

These are the scenarios you’ll encounter by suing another driver:

• Covered party suing another covered party: when both parties are covered, then 3rd party claims may be brought if and only if the other party was negligent and your injuries have exceeded the threshold requirements.

• Covered party suing a non-covered party: to sue a non-covered party, then the party suing must prove that the uninsured driver was at fault, and the meet statutory injury requirement. Settling without written consent from your insurer could preclude a claim for uninsured motorist benefits.

• Non-covered driver suing another non-covered driver: uninsured drivers are precluded from receiving benefits under the No-Fault scheme, even if they’ve met the negligence requirement.

• Recovery between insurers: an insurer can recover from a 3rd party claim if: 1) the action occurred outside of the state, 2) the uninsured was required to have insurance, 3) actions involving intentional torts (to the person or property).

Defense – comparative negligence: under comparative negligence, the plaintiff’s recovery may be reduced if he is found more than 50% at fault for the injuries sustained. Failure to wear a seat-belt reduces recovery up to 5%.

Goodwin & Scieszka has been fighting for Detroiters and Metro Detroiters for over 30 years. If you’ve been injured in a car accident, contact our Southfield, Michigan firm. You don’t pay unless we collect your money.

Check out some of our settlements and awards:

• $1.8 million dollar settlement for Motorcyclist who was hit by truck,
• $1.4 million for a pedestrian struck by City of Detroit bus,
• $1.4 million award against Drunk driver.
• $1.4 million for an underinsured motorist award,
• $1 million for child injured on a hayride,
• $985,000 underinsured award for a rear seat passenger who was injured in an auto crash and was ejected from his vehicle,
• $800,000 auto crash where client suffered closed head injury,
• $1.1 million propane explosion at private home and
• $625,000 for a homemaker struck by a school bus.

If you have been injured in any type of accident, contact us immediately by phone or email. You pay nothing until we take your case to trial or settle. With over 30 years of litigation experience representing the “little guy” against the largest insurance companies, corporations, and hospitals, we’ll get you the money you deserve.

Visit our website to find out more information on the services we provide and why we have been named Michigan Super Lawyers for the last eight years and Dbusiness’s Top Lawyers for the last three. Whatever your accident or injury, we are ready to Win Your Case!

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