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Common Misconceptions About Car Accident Claims in Michigan 

Ratton Law Group PC  Feb. 21, 2024

Car accident on wet road during rainAccidents happen, and when they do, the effects can be life-altering. Unforeseen medical bills, loss of income, and emotional distress are just a few of the challenges that accident victims might face. If you or a loved one has been caught in such a situation, it's crucial to retain the services of a seasoned Michigan personal injury attorney. They'll guide you through the legal process and strive to secure fair and full compensation for your injuries and damages.  

At Ratton Law Group PC, we're not just attorneys—we're your advocates and your support system. We've seen firsthand how accidents can wreak havoc on lives and families in Detroit, Michigan, and beyond. We're committed to standing with you, fighting for your rights, and representing your interests. Our team will meticulously review your case, gather all necessary evidence, and work to establish liability. We'll assess the full impact of your injuries and losses, estimate the value of your claim, and if need be, we won't shy away from negotiating with insurance companies or filing a personal injury lawsuit. We believe that you deserve nothing less than fair compensation. 

We've noticed that when it comes to car accident claims in our state, there's a lot of misinformation out there. Below, we debunk some common misconceptions and arm you with the knowledge you need to handle these situations effectively.  

It’s Always the At-Fault Driver’s Insurance That Pays for Damages/Injuries  

We often hear people say that the at-fault driver's insurance should pay for all damages and injuries. In reality, it's not that straightforward. In Michigan, we operate under a no-fault insurance system. This means that your own insurance coverage, known as personal injury protection (PIP), is the first place you turn to for compensation for medical bills and other losses, regardless of who caused the accident.  

That said, there are instances where you can step outside of this system and file a lawsuit against the party at fault. This usually happens when the damage is severe, like serious impairment of bodily function, permanent disfigurement, or even loss of life. Consulting with an experienced car accident attorney can help determine whether your situation qualifies for this.  

Since Michigan Is a No-Fault Insurance State, I Can’t Seek Compensation From the At-Fault Driver  

Another misconception we encounter is the belief that because Michigan is a no-fault state, one cannot seek compensation from the at-fault driver. While it's true that your own insurance is your primary source of compensation, there are circumstances that allow you to file a lawsuit against the party at fault. Understanding these specific criteria is crucial, and that's where we come in.  

If the Accident Is Minor, It’s Not Necessary to File a Police Report  

Many believe that if an accident is minor, there's no need to file a police report. However, we always recommend doing so. Why? Because a police report provides an official record of what happened. This can be invaluable when you're filing an insurance claim or seeking compensation. It helps establish the facts of the accident and can play a vital role in determining who's at fault.  

I Was Partially At-Fault for the Accident, so I Can’t File a Personal Injury Claim

We've heard people say that if they were partially at fault for an accident, they can't file a personal injury claim. That's not necessarily true. Michigan follows the comparative fault rule, which means that even if you share some blame, you may still be eligible to recover damages. However, your compensation will be reduced by your level of fault. Consulting with a personal injury attorney can help you understand how this rule applies to your claim.  

I Don’t Need to Hire an Attorney to File a Personal Injury Claim

While it's not required by law to hire an attorney to file a personal injury claim, we strongly recommend it. An experienced personal injury lawyer can guide you through the claims process, gather relevant evidence, prove fault and establish liability, estimate the value of your case, negotiate with insurance companies, and file a lawsuit if necessary.  

Rely on Our Trusted Legal Guidance

These are just a few examples of common misconceptions about car accident claims in Michigan. Accurate information and professional legal advice are key to understanding your rights and options. As your legal team based in Detroit, Ratton Law Group PC is dedicated to providing comprehensive legal guidance and compassionate representation. Reach out to us today for a free consultation, and let us help you handle your claims process effectively.