Dealing with Insurance Issues

The Michigan No Fault Act largely controls your rights as a victim of an auto accident in Michigan. Most people have little understanding of how the No Fault Act works until they are involved in an accident. We’d like to offer you some information in dealing with insurance companies in an effort to help you avoid settling your case for far less than you’re entitled to, to help you receive all the first-party and third-party benefits you have a right to, and to help ensure that your claims are filed in a timely manner.

If you’ve been involved in an accident, you may have already been contacted by an adjuster for the at- fault driver’s insurance company. This adjuster’s job is to settle your claim for as little as possible and he or she will probably discourage you from contacting an attorney. You should not attempt to negotiate with an adjuster before consulting with an experienced personal injury attorney. The adjuster represents the insurance company and is looking out for the insurance company’s interests, not yours. You should not accept a check from the at-fault driver’s insurance company as this may be construed as a settlement, which can prohibit you from obtaining additional amounts later. Nor should you sign a release from the at-fault driver’s insurance company, as this may bar you from making a claim down the road should your injuries be more significant than first thought.

These are things you can do to maximize your recovery from an at-fault driver’s insurance company:

• Don’t wait to contact an attorney. The longer you do, the greater the likelihood that important evidence will be lost. There is also a chance your case may be barred from ever reaching court if the statue of limitations runs out.
• Seek medical attention immediately. It is important to see your doctor right away and have the proper documentation in place so you don’t risk having the insurance company question the validity of your injuries. Equally important is following your doctor’s advice.
• Take pictures. Photos and videotape of the accident scene, your injuries, scars, etc. are extremely helpful in getting a fair settlement.
• Save all your receipts and bills. Expenses incurred because of your accident, including those for transportation, hired help at home, medications, etc. may be reimbursable and may also serve as further evidence of your injuries.
• Don’t discuss your injuries or the accident with the at-fault driver’s insurance company.