Automobile Accident - Third Party Tort Claim Against At-Fault Driver

Do you have a case?

If you are in an automobile accident and sustain bodily injury that is caused by the fault (or negligence) of another motorist, the Michigan No-Fault Statute permits you to pursue a third party liability claim against the at-fault driver for non-economic damages (i.e. pain and suffering, disfigurement, scarring) and excess economic damages (i.e. excess wage loss). Any damages (money) paid to you as a result of the third party liability claim is actually paid by the at-fault driver’s insurance company.

Of course, before you can pursue any claim against the at-fault driver, you must first prove that the at-fault driver was at fault for the accident. For example, if the other driver ran a red light or stop sign, that would be evidence that the other driver was “at fault” for the accident. If you were, to some extent, at-fault for the accident, you may still pursue your third party liability claim but the amount of any award could be reduced by the percentage of your fault. However, damages shall not be assessed in favor of a party who is more than 50% at fault.

The at-fault driver of the motor vehicle is subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement.

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