No-Fault Insurance 3rd Party Tort Claims: When Can You Sue?
A 3rd party claim is a claim made outside of your insurer. To sue, you must meet Michigan’s threshold statutory requirement, which includes:
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.