How to still win compensation in Detroit even if you’re partially at fault for the accident

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If you’ve been in a car accident in Detroit and are partly at fault, you may be curious if you can still seek compensation. Fortunately, Michigan’s laws allow for compensation even with shared fault, but understanding comparative negligence and no-fault insurance is key. Contact a car accident lawyer in Detroit to help you navigate the process and secure the compensation you deserve.

Understanding comparative negligence in Michigan

Michigan operates under a comparative negligence system, which means that fault is apportioned among all parties involved in an accident. Here’s how it affects your ability to claim compensation:

1. Percentage of fault: In Michigan, the court assesses each party’s degree of fault. Your compensation for damages will be reduced proportionally to your share of fault. For instance, if you are found to be 22% at fault, your compensation will be reduced by 22%.
2. Threshold for claims: Michigan’s comparative negligence system permits you to recover damages if you are not more than 50% responsible for the accident. You can still pursue compensation if you are found to be 50% or less at fault.
3. Impact on compensation: Your damages are directly impacted by your degree of fault. If you’re partly responsible, your potential award decreases by the percentage of fault assigned to you. However, even a partial fault does not disqualify you from receiving compensation.
4. Evidence and documentation: Collecting and presenting evidence is important in comparative negligence cases. Accurate documentation, such as police accident reports, witness accounts, and medical records, strengthens your claim and helps determine the degree of fault.

How no-fault insurance affects your compensation

Michigan’s no-fault insurance system simplifies obtaining compensation after a car accident. Here’s how it works:

1. Personal injury protection (PIP): Michigan’s no-fault insurance requires drivers to carry personal injury protection (PIP) coverage. If you’re in an accident, this coverage pays for medical bills, lost wages, and other related costs regardless of who caused the accident. This coverage ensures that you can receive compensation for immediate expenses and damages without proving fault.
2. Coverage limits: The no-fault system covers your economic losses, but it may not cover all types of damages. Non-economic damages might require additional legal action if your severe injuries meet certain criteria.
3. Exemptions and lawsuits: Under Michigan law, you can file a claim for pain and suffering, but only if your injuries meet the serious impairment threshold or if your claim exceeds the no-fault coverage limits. A lawyer will evaluate your case and determine if you qualify for such a lawsuit based on your injuries and the circumstances of the accident.
4. Settlement negotiations: Insurers may offer settlements based on their assessment of fault and damages. Your lawyer will work to ensure that these offers reflect the full extent of your damages and are not reduced unfairly due to your partial fault.

Why a lawyer is essential

When dealing with a car accident claim in Detroit, especially when partial fault is involved, a car accident attorney makes a big difference in the success of your case. Here’s how a lawyer can help:

• Navigating legal complexities: Michigan’s laws and insurance regulations can be complex. A lawyer understands these intricacies and can guide you through the legal process, ensuring that all necessary steps are taken to build a strong case.
• Negotiating with insurers: Insurance companies rarely offer fair payouts. A lawyer can negotiate to secure a fair settlement that accurately reflects the damages and your degree of fault.
• Gathering evidence: Effective representation requires comprehensive evidence to support your claim. To strengthen your case, a lawyer will gather and present necessary documentation, including accident reports and medical records.
• Advocating for maximum compensation: Your lawyer will fight for the highest possible settlement. They will assess your damages, including economic and non-economic losses, and work towards a settlement covering all your needs.

Conclusion

Even if you’re partially at fault for a car accident in Detroit, you still have the right to pursue compensation. Understanding Michigan’s comparative negligence system and leveraging no-fault insurance is key to managing your claim effectively. A car accident lawyer can help you a lot by assisting with the legal complexities, settling disputes with insurance companies, and fighting for the money you are entitled to.