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WHAT IS THE SERIOUS INJURY THRESHOLD IN MICHIGAN TO BRING A CLAIM FOR AUTO-RELATED INJURIES?
Michigan law dictates that to bring a claim against another person who caused your motor vehicle-related injuries, that you demonstrate that you suffered a “threshold or serious injury.” The law defines a threshold injury as a “serious impairment of body function that is objectively manifested that significantly impacts your day-to-day life for a significant length of time.” Clear as mud right?

To make matters worse, the Michigan Supreme Court raised the bar even higher by adding further restricting language to the statute referenced above by stating the injury must change the whole course and scope of the injured person’s life. Some courts have interpreted this added language to mean that the injury must permanently disable the claimant. Others have held that nothing short of major surgery and being off work for years due to your injuries meets the legal threshold.

What is clear is the legislature never meant to restrict injured people from recovering for their injuries to the extent the current courts define threshold. There are efforts being made by the legislature to fix the problem and the current Michigan Supreme Court has heard a case that will most likely result in the definition of threshold being changed once again. Let’s hope that a new definition of threshold takes away the mud and provides clear guidance that we can all understand and enforce.

If you are seriously injured in a car, motorcycle, semi truck, or other motor vehicle accident, contact an attorney who specializes in this area of the law to protect your legal rights.

SPRING IS HERE, AND SO ARE MOTORCYCLES
Spring is almost here and motorcyclists are anxious to get on the road. I actually saw one last week. Please remember this, make sure that your motorcycle is insured with liability and medical coverage before taking it out for that first test drive of the season.

In Michigan, motorcycles are defined as not being motor vehicles for insurance purposes. This means that if you are in an accident with a motor vehicle and you are injured, your no-fault benefits (medical bill reimbursement, lost wages, and replacement services) are paid by the insurance company of the motor vehicle involved in the accident even if you are the one at fault for your accident.

There is a precondition; your motorcycle must be insured on the date of the accident. As many motorcycle accidents result in serious or permanent injury to the motorcyclist, it is vital that your motorcycle be insured before taking it out for that first test drive of the season or you may be stuck paying for your own medical bills and be unable to collect lost wages.

I have investigated motorcycle accident claims in Kalamazoo, Portage, and throughout southwest and greater Michigan and always feel bad to have to tell an uninsured motorcyclist that they cannot have their medical bills paid and collect their lost wages from the at-fault person. Go get that insurance.

WHAT IF THE POLICE GET IT WRONG?
When you are in an accident that results in over $200 dollars of property damage, you are required by law to report it to the police. However, the police have no duty to you to investigate the accident for civil purposes. In an accident, the police officer’s duty is to aid the injured and investigate to see if criminal charges are warranted. They have no duty to you to establish civil liability or fault.

It is always in your best interest to locate any witnesses and get their contact information. You should also take pictures of the accident scene before the vehicles are moved. The police have no legal duty to find and interview witnesses on your behalf. If the police officer puts the wrong person at fault, you can request that the report be corrected but the officer is not required to do so. You should take all reasonable steps to gather witnesses and evidence to protect your legal claim. Most attorneys will hire a professional investigator to re-investigate the accident on your behalf. You can greatly increase the accuracy of the investigation if you can provide them with witness information and pictures.

EXCESS MEDICAL COVERAGE 2008-01-23
Many automobile insurance companies coordinate their Michigan No Fault PIP medical coverage. This means that in exchange for charging you a lower premium, you agree that your health insurance carrier will be primary for all of your automobile accident related medical treatment. Your No Fault motor vehicle insurance carrier then becomes the excess medical insurer for any charges above what your health insurance carrier pays.

The problem with allowing your automobile insurance carrier to be secondary to the health carrier is that your employer may actually be self-insured for health coverage and may be a qualified ERISA health plan. An ERISA plan is governed by federal law. The ERISA plan may contain a provision that states it is to repaid out of any third party settlement or claim that you make against an at-fault person for your injuries.

This is a significant problem because under Michigan's No Fault law you are not entitled to recover medical costs from the at-fault person. You may be on the hook for these costs and it may come out of your third party settlement if you are not careful. Many personal injury attorneys do not understand the laws relating to ERISA plans. Make sure you look for an attorney that is an expert in this area.

SCAR CLAIMS 2008-01-22
A scar can be a horrible thing to look at and can cause a motor vehicle or automobile accident victim to lose all self confidence. Under Michigan’s No Fault law, not all scars received by accident victims are compensable.

In Michigan in a 3^rd party action to recover for pain and suffering or to recover excess wage loss, an accident victim must suffer a threshold injury. A scar claim requires that the scar represents a serious permanent disfigurement. Not all scars are permanent and no matter how bad the scar might look the week after an accident, an innocent accident victim cannot recover money for it if it is not permanent. 

Not all permanent scars are serious. A quarter inch scar on the knee of an 18 year old male that has battle scars all over from playing sports or resulting from taking part in daring endeavors is not compensable even though the scar may be permanent. One might argue that a scar on this person is not really even disfiguring.

The serious disfigurement issue arises when the scar is either several inches long or wide, can be seen from 20 feet away, or is on the part of the body that is not easily or ever covered. Other factors that enter into the equation are: how old is the scar victim; is the victim male or female; or, is the person covered with unrelated disfigurements? The list can go on and on.

Most insurance companies do not want to settle scar claims until at least a year after an accident. The vast majority of scars become less observable over time as the skin heals. A scar that is bright red or discolored within weeks of the accident often turns back to the color of the surrounding flesh after a year or so.

People have a difficult time determining the value of a scar claim. The same scar on a 60 year old man will have a vastly different value than the same scar on a 16 year old girl. Obtaining the most money for a personal injury accident victim for a scar claim is as much as an art than it is science. Scar accident victims should consult with an attorney that has handled as many scar claims as possible as that attorney will be much more likely to know the true value of that claim.

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