Helping You Navigate Your Car Accident Claim In Birmingham, Michigan

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Frequently Asked Questions About Car Accidents

Our car accident attorneys are ready to meet with you and explain your legal options after your car accident. In the meantime, see some answers to frequently asked questions below.

How is fault determined in a car accident?

In Michigan, fault is based on the specific facts of the collision. Police reports, insurance adjusters and, if necessary, the courts look at several types of evidence, including:

• Traffic camera footage or dashcam recordings
• Witness statements
• Vehicle damage and accident scene photos
• Citations or violations issued at the scene

Because Michigan follows a no-fault system, your own insurance generally pays medical bills and lost wages regardless of who caused the crash. Fault still matters, though, if your injuries are serious enough to bring forth a claim beyond no-fault coverage.

How do I know if I have a valid car accident claim?

A valid claim usually exists when another driver’s carelessness causes serious harm or major financial loss. Under Michigan law, you can sue outside the no-fault system only if you have suffered a “serious impairment of body function.” That means your injury must significantly affect your ability to live your normal life.

Even when injuries seem manageable, medical documentation often shows a deeper impact than expected. Keeping records of doctor visits and how things have shifted for you.

What if the other driver involved in the accident is uninsured?

While Michigan requires insurance, not every driver complies. Your primary protection in this scenario comes from your own insurance policy. You should immediately review your policy for uninsured motorist (UM) coverage. This is optional coverage you purchase to protect yourself. It is designed to stand in for the absent at-fault driver and compensate you for injuries.

However, the process of filing a UM claim has specific rules and tight deadlines. Delays could limit your options. Acting quickly, therefore, matters.

Can I still recover compensation if I was partially at fault in the accident?

Yes. Michigan uses comparative negligence, meaning you can still recover damages even if you share some blame. This means a jury will assign a percentage of fault to each driver involved. Your total compensation will then be reduced by that percentage. For instance, if you receive $100,000 but are found 10% at fault, you would recover $90,000. However, if you are more than 50% responsible, you cannot recover noneconomic damages like pain and suffering.

Insurance companies often try to assign a higher percentage of blame to you to minimize their payout. A careful review of the evidence is necessary to help ensure your share of responsibility is fair and accurately represented.

Why do you need a lawyer after a car accident?

Many drivers, even after experiencing a car accident, believe that they may not need a lawyer under certain circumstances. However, the opposite is true – after every auto accident, by hiring an auto accident lawyer, you can better defend your rights and seek the compensation you deserve after a car accident. Even if the accident wasn’t your fault, contacting an auto accident attorney can help you handle the complicated legal system – and the other insurance companies trying to fight your claim.

When should you contact a lawyer after a car accident?

Car accident lawyers are an important step in the process, but they should not be contacted until you have all the information you need in order. Make sure to contact the police to file a report and then contact your insurance company first before seeking the services of a Michigan auto accident attorney to start fighting for your fair compensation.

How do you report a car accident?

After any car accident, the first thing you need to do is contact the local police. No matter how serious or minor the accident may be, contacting the police will create a record of the events leading to the accident that can play into your settlement later. The local officers will help walk you through the steps of reporting your accident, and can help gather witness statements and other needed information.

What can you sue for in a car accident?

Financial compensation from an auto accident can take many forms, including:

• Pain and suffering – A financial amount equivalent to the severity of your injuries
• Medical expenses – The amount of financial cost your injuries accrued
• Property damage – Any damage befalling your car or other property during a car accident
• Lost wages – Financial damage suffered during recovery from an accident while you are unable to work

These, and many others, may be part of your settlement depending on the circumstances of your specific accident.

What do I do if someone else driving my car gets into an accident?

If someone else is borrowing your car and gets into an accident for which they are not at fault, the same methods still apply. Whoever borrowed your car should contact the police right away to file a police report. After that, you’ll need to contact your own insurance provider to continue the process like normal. It’s important to remember that car insurance follows the vehicle, not the driver, meaning your own insurance should be notified of the accident, not that of the driver.

Should I accept the insurance settlement?

It is crucial to consult with a car accident attorney before accepting any settlement offer from an insurance company. Insurance adjusters often aim to resolve claims quickly and economically, which may not be in your best interest. A skilled car accident lawyer will evaluate the offer, negotiate with the insurers on your behalf and ensure that the settlement reflects the full extent of your car accident injuries and losses. Remember, once you accept a settlement, you waive any right to further compensation.

What is comparative negligence, and how does it affect my case?

Comparative negligence refers to the percentage of fault assigned to each party for an accident. Since Michigan follows a modified comparative negligence system, victims of car accidents can seek damages so long as they are no more than 50% at fault for their own injuries.

It is critical to note, however, that a victim’s compensation will be reduced by their share of the blame. In other words, if you are 25% at fault and have $100,000 worth of damages, you could only receive $75,000. Insurance companies are eager to try to shift blame onto victims so that they can reduce their losses, which makes it essential to have an experienced car accident attorney representing you and protecting your rights.

How long does a car accident claim typically take to settle?

Every car accident case is unique. How long it takes to reach a settlement for a car accident case will depend on a few factors, such as the number of parties involved, the seriousness of the victim’s injuries and the willingness of all parties to negotiate fairly. However, car accident cases can be resolved much faster if a settlement can be reached outside of court. Our attorneys can help explore the fastest compensation options.

What are the common injuries sustained in car accidents?

If you are a victim of a car accident, you may suffer from the following injuries:

• Concussion
• Whiplash
• Bruises, cuts and burns
• Traumatic brain injuries
• Traumatic spine injuries
• Paralysis
• Post-traumatic stress disorder
• Depression
• Anxiety

Our attorneys can work with you to explore how you can be compensated for your injuries and losses.

How do I prove pain and suffering in a car accident case?

Intangible losses, such as pain and suffering, can be difficult to prove without strong supporting evidence. To prove pain and suffering was caused by a car accident, you can gather medical records from doctors, therapists and specialists. You may be able to prove that lost wages were also caused by emotional trauma. Our attorneys can help you collect evidence to prove you are experiencing pain and suffering after a car accident and seek fair damages.

Can I claim compensation for emotional distress?

Yes. In general, the trauma of a car accident can have serious long-term emotional consequences for many victims, both with and without associated physical injuries. Some of the most common forms of psychological trauma include post-traumatic stress disorder (PTSD), anxiety, depression and the loss of enjoyment of life.

Emotional distress is considered a noneconomic damage, which means its value cannot be easily determined. As a result, evidence is key to this type of claim. Records of psychological treatment and witness testimony may be key. Insurance companies may more easily accept the idea that a victim suffered serious emotional distress when their injuries are serious or permanent, but even claims without those kinds of injuries can involve some compensation for emotional distress. Skilled legal representation is essential.

What happens if the accident causes a permanent disability?

Permanent injuries from a car accident can lead to lifelong medical issues, emotional trauma and financial burdens. In those cases, in particular, it is important to have experienced legal guidance on your side.

An attorney, with the help of financial professionals, can calculate your future expected costs, such as ongoing medical bills, the value of your lost earning capacity, long-term care or rehab, home and vehicle modifications, and more. These costs can be used to maximize the value of your claim, up to the limits of the insurance coverage and resources available.

How are future medical expenses calculated and claimed?

Future medical expenses are generally calculated using doctor-provided reports outlining your anticipated future medical needs such as additional surgeries, physical therapy and support services. Then, financial experts can use various economic tools to factor in inflation rates and make predictions about how much medical care will cost for the duration of your healing period or lifetime.

Can I claim for lost wages if I missed work due to the accident?

Yes, this is very common. It is not unusual for victims to need days, weeks or months off work to recover from car accident injuries. Even if you used sick leave or personal leave to manage your time off while you recovered, those are losses that you are entitled to recover.

What is the role of a police report in a car accident claim?

A police report is an official record of the accident, and it can impact your car accident claim. It documents:

• Date
• Time
• Location
• Parties involved
• Witness statements
• Officer’s assessment of fault

Insurance companies rely on this report to determine liability and validate the details of your claim.

• Provides an objective account of the accident, which can support your version of events.
• Helps establish fault or contributory negligence in disputes.
• May include evidence such as photographs or skid marks that strengthen your case.

Having a complete and accurate police report can make the difference in obtaining fair compensation. We can review the report to identify errors, gather additional evidence and challenge inconsistencies to strengthen your claim.

Should I settle with the insurance company or go to court?

Deciding whether to accept a settlement or pursue litigation depends on the details of your case. While many claims are resolved through negotiations, some require court intervention to secure fair compensation.

• Settling can be faster and less expensive, but may not cover all damages.
• Going to court can result in higher compensation but involves more time and legal procedures.

Our attorney can evaluate the strengths and weaknesses of your claim and advise the best course of action. Professional guidance helps ensure you do not accept a settlement that undervalues your injuries or property damage.

What are the risks of settling my car accident claim too early?

Settling prematurely can limit your recovery, especially if injuries worsen over time or new expenses arise. Insurance companies may offer quick settlements to minimize payouts.

• Your medical treatment may be incomplete, leaving future expenses uncovered.
• Lost wages or diminished earning capacity might not be fully calculated.
• Potential pain and suffering claims may be underestimated.

An attorney can negotiate a fair settlement while accounting for all present and future damages, reducing the risk of financial loss.

How do preexisting conditions affect my car accident claim?

Preexisting conditions can complicate a car accident claim, but they do not automatically prevent compensation. Insurance companies may argue that your injuries are not solely from the accident.

• Medical records are used to separate accident-related injuries from prior conditions.
• An attorney can demonstrate how the accident worsened your condition.
• Proper documentation helps ensure you receive compensation for accident-related damages.

Legal representation is essential to protect your rights and help ensure preexisting conditions are considered correctly, maximizing the recovery you deserve.

Can I claim compensation for damage to my vehicle?

You may be able to recover payment for your vehicle’s damage, but the options available depend on the insurance coverage in place. Collision coverage is the most direct way to obtain payment for repairs or the total loss of vehicle value, regardless of who is at fault. Drivers without this coverage may pursue limited property damage compensation from the at-fault driver in some situations.

Reviewing your policy, your deductible and confirming whether a claim against the other driver is available can help you decide how to proceed. Photographs, repair estimates and documentation of the vehicle’s condition can support your claim and help you evaluate your next steps.

What if my child was injured in a car accident?

When a child is injured in a Michigan car accident, the process focuses on appropriate medical care for the child and support for any ongoing needs. The state’s no-fault system generally provides personal injury protection benefits for medical expenses, rehabilitation and necessary care. If another driver was at fault, a liability claim on the child’s behalf for pain, suffering and other noneconomic losses may be possible.

Parents or legal guardians usually manage the claim, and certain settlements may require court approval to protect the child’s interests. Detailed records of medical visits, symptoms and disruptions to school or activities can help show the full impact of the injury.

How do I handle a car accident in a rental vehicle?

A collision involving a rental car adds extra steps, but understanding your responsibilities can make this process more manageable. You should notify law enforcement, the rental company and your insurance carrier promptly. Your personal auto insurance may cover the rental, and optional insurance purchased from the rental company may affect repairs and liability.

Closely examining the rental agreement is important because it outlines your obligations, potential fees and required post-accident steps. Keep copies of the agreement, photographs of the damage and all communication with the rental company. This step can help prevent disputes and support a smoother claims process.

What should I do if the accident was caused by a defective vehicle part?

If your accident was caused by a defective vehicle part, make sure you work with a lawyer who has experience with defective products and car accidents. These cases are often complex, so you need an attorney who has handled many product liability claims. Our lawyers have that experience and are prepared to investigate your accident and hold all liable parties accountable for your losses.

Can I recover compensation if the car accident resulted in a death?

Yes, you can recover compensation if the car accident resulted in a death. We have pursued compensation for surviving family members in many wrongful death cases involving car accidents. 

You can seek compensation for wrongful death damages that may include the following:

Economic damages: These damages compensate you for your financial losses from the accident such as:

• Past and future lost wages and benefits of the deceased
• Loss of household services
• Medical bills from the accident
• Reasonable funeral expenses and burial expenses

Noneconomic damages: These are meant to compensate you for personal losses such as:

• Conscious pain and suffering of the deceased
• Your emotional distress and mental anguish
• The personal loss of a loved one (loss of consortium)
• The loss of a parent

Each case is different, and the exact types of damages you receive from a wrongful death suit will depend on the specifics of your case. We will explain this to you when we meet.

What are punitive damages, and when are they awarded in car accident cases?

In Michigan, punitive damages are very rare. Instead, the state allows for exemplary damages, which further compensate the surviving family members for the negligent party’s extreme, despicable or malicious actions that caused increased mental trauma. In a car accident case resulting in wrongful death, that may mean the at-fault driver was very intoxicated, traveling at a very high rate of speed or engaging in other reckless or willful behavior.

Punitive damages, on the other hand, are meant to punish the negligent party and deter others from doing the same thing. These damages are typically awarded in cases of extreme or willful negligence but are generally not allowed in Michigan. We will discuss with you whether punitive or exemplary damages are possible in your case. This issue is frequently challenging, so you should work with an attorney who has handled similar cases.

Protect Your Right To Compensation, Call Us Today

Do not navigate the aftermath of a car wreck alone. Call 1-888-GOODWIN or fill out our online contact form to schedule your free consultation. At Scott Goodwin Law P.C., we take cases on a contingency fee basis, meaning you pay nothing unless we win your case. Let our experienced car accident attorneys fight for the justice and compensation you deserve.