Who can collect on the auto liability coverage for an auto accident in Michigan?

by admin on July 30, 2010

My daughter was a passenger in a car that went off the road and hit a tree. The driver and front seat passenger did not survive the crash, 1 back seat passenger is in critical condition and my daughter and the other passenger will heal. They received many broken bones and it will be months before they are able to walk.

I have been at the hospital with my daughter for 8 days and we will probably be here another 10 – 14 days.

We are in Michigan and are a no-fault state so our insurance will take care of my daughter. Our agent called and left a message that they would need to start an underinsured motorist claim for us.

What I am wondering is if myself and my husband will be able to file a claim against the liability portion of our insurance. I know that my daughter will receive compensation for her injuries. I am wondering if I need to initiate a claim for my husband and myself as well. I know there are time limits on that stuff but do not know much about it.
There were no drugs or alchohol involved. The kids had left school and were going too fast on a dirt road and the driver lost control.

Because we are in Michigan and are a no fault state our insurance will pick up the medical bills. We have underinsured motorist coverage that will be in effect because his insurance coverages were the minimum. So our insurance will pay the liability. I truly do not even want do deal with all this right now. I just wanted to know if it was an option and if I needed to do something by a certain date to keep the option available when I am ready to deal with it all.

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{ 4 comments }

bundysmom July 30, 2010 at 6:02 am

You file a b.i. claim against the at fault driver; you file an UNDERinsured motorist claim under your own policy. However, the payment under the UIM portion of the policy will not be made until 1) proof of the at fault drivers underlying limits are confirmed and 2) how much was apportioned to your daughter.

trudi100 July 30, 2010 at 6:02 am

she was not driving, and as I understand it, your insurence wont cover that, and you are not people involved so you wont recieve any money even tho you had to take off work etc
my best wishes, and many prayers for your dtr and friends, and esp the familys of those who did not survive..Your dtr. will be going thru alot, mentally and physcially in the time to come, how old were the girls? were drugs, alcohol or neglegence involved? you may have a case against the other parents if underage, etc, and that would be the pain and suffering part for you, contact a lawyer
but I dont think you can be compensated for you and your husband if you were not in the car, and probably would not be very ethical considering the driver lost her life, her parents are going thru alot..and if the driver was at fault…even if not legally…your dtr. should not have rode with her, if she knew she was not safe, so some responsibility for her behavior is given…why did the car go off the road…were the girls out just having too good of a time…?

Lori Y July 30, 2010 at 6:02 am

My question to you is why are you concerned about the liability portion of the insurance? Personal Injury Protection in Michigan is top notch, and a large majority of your premium goes to this coverage. Your daughter will be covered under your PIP coverage on your auto policy, and if you have full PIP then all of her medical expenses related to this accident will be covered for the rest of her life. Are you concerned with lost wages for being at the hospital with her? If so, then you should contact your claims representative directly, and have them explain all the coverages that are available to you under this portion of your policy. Liability claims are filed against the at fault party, so the liability portion of your policy is there to protect you if you were liable for someone else. If you go to http://www.mi.gov/ofis you should be able to find a copy of the MI No Fault Law and how the coverages under any MI auto policy can benefit you. Your insurance agent should also be able to help you with this, and a good one will help you file what needs to be filed. If you have no luck with your agent, you can contact me at work- I work for a State Farm agent in Niles MI, and I can contact our claims department for any further help you may need. My work number is 269-683-6178. I hope this information helps you. If you prefer to email me at work, you can do this too, lori.yardley.L5GK@statefarm.com, and I can send you the links to the website at the State of MI that explains the MI No Fault Law.

Nick W July 30, 2010 at 6:02 am

Try the following link. I am sure it will help you. Trust me

http://www.usalegalcare.com/auto_accident.htm

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