A serious car crash in Michigan can leave you juggling medical bills, lost income and daily challenges. Your no-fault insurance might cover some costs, but it often does not pay for everything. If your injuries are severe, you could consider pursuing a third-party claim against the driver who caused the accident.
What damages can you recover beyond your insurance?
Your insurance usually covers medical treatment and lost wages first, but those benefits may not pay for all your expenses. A third-party claim could help you seek pain and suffering, which compensates for physical discomfort, emotional stress and lost enjoyment of life. It could also help with excess economic loss, such as medical bills above your Personal Injury Protection (PIP) limits or lost wages beyond three years. Recovering these damages could ease financial stress and help you regain some normal routines.
How do you prove a “serious impairment”?
To pursue non-economic damages, you generally need to show a serious impairment of body function, permanent disfigurement or death. You would typically need to demonstrate that your injury:
- Is confirmed by a medical professional
- Affects a body function important to your daily life
- Changes your ability to do normal activities, work or hobbies
The severity of the injury usually matters more than the diagnosis itself. For instance, a knee injury that prevents you from working, exercising or caring for your children could meet the serious impairment standard.
How do you file a third-party claim?
If your injury meets the threshold, you can start by negotiating with the at-fault driver’s insurance. Sometimes, taking the case to court becomes necessary. Helpful steps often include:
- Collecting evidence: Keep police reports, medical records, bills and proof of lost wages.
- Documenting daily changes: Record how your injury affects your work, routines and personal life.
- Filing on time: Submit your lawsuit for pain and suffering within three years of the crash.
Insurance companies often challenge whether an injury meets the serious impairment standard, so working with an attorney could help strengthen your claim.
Take control of your claim and recovery
A third-party car accident claim can let you hold the negligent driver accountable while covering expenses your insurance may not fully pay. Exploring your compensation options with legal guidance could help you manage financial and personal challenges more effectively after your accident.