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FIVE THINGS TO KNOW AFTER A MICHIGAN TRUCK ACCIDENT

Many Michigan drivers assume the state laws and compensation for injuries, wage loss, etc., are the same whether you are involved in an accident with a car or commercial truck.  Yet there are distinct differences between the two and understanding them is key to protecting yourself if you have been in a truck crash. Unique issues such as different insurance policies, the independent status of truck drivers and the location of trucking companies can all drastically impact an insurance claim and a truck accident case.

Immediately following a commercial truck accident, there are several important steps that Michigan truck accident attorneys recommend. The most time-sensitive tips on dealing with insurance, medical issues and claims in Michigan have been summarized below:

1. Even if it’s a minor accident, contact local police, seek medical attention if needed and document the Michigan truck accident.

At the scene of a Michigan truck accident, the victim should contact the nearest police department and immediately seek medical attention for all injuries. Be sure to report and document any minor pain that may seem less important at the time compared to more serious injuries. Significant injuries are often masked early on, making it difficult to link them to the truck accident if they are not documented.

In Michigan, it’s crucial to obtain contact information for any passengers and witnesses involved in the truck accident. This information will be extremely important if it becomes necessary to hire a Michigan truck accident lawyer, because all too often, the truck driver who caused the accident will change his story along the way. Furthermore, if witness information is not preserved at the scene, or if it’s missing from the police investigation, it becomes much more difficult for an attorney to prove negligence.

2. Notify your auto insurance company immediately.

After the truck accident, auto insurance companies must be notified. In Michigan, there’s a strict, one-year time limit to notify your own insurance company of a truck accident, and to file an application to receive compensation for your medical bills and other benefits.

Filing an application for benefits form with your insurance company is essential for protecting your no-fault rights in Michigan, even if your injuries from a truck accident do not seem severe. The form is required to receive five important benefits: medical expenses related to the auto accident, wage loss for the first three years following the accident, household replacement services (chores/help with children), payment for mileage to and from medical appointments and attendant care (nursing services). Use the form available through your auto insurance company. Please be as accurate and complete as possible, and include all of your injuries and impairments.

If a truck accident victim fails to adhere to this one-year deadline on time, he/she can lose this important coverage. There is also a three-year time limit to file a lawsuit against the negligent driver’s truck insurance company. In addition to the above deadlines, many Michigan auto insurance policies pose even more strict notification requirements, such as 30 days notice for hit-and-run truck crashes.

3. Retain an experienced Michigan truck accident lawyer quickly.

Trucking companies are required by federal and state law to keep records of safety inspections and drivers’ hours. Because bad equipment and driver fatigue cause many truck accidents, these records could prove liability against the trucking company. But after a certain period of time, trucking companies by law can dispose of pre-trip inspection documents and log books. That’s one important way that a truck crash is very different from a car crash. It is imperative that an experienced Michigan truck accident lawyer be retained as soon as possible before important records are intentionally (and legally) destroyed.

4. Check your Michigan auto insurance policy for uncoordinated benefits.

It’s important to quickly review your Michigan auto insurance policy and any additional contractual coverage you might have. There can be some common pitfalls and loopholes posed by some typical auto insurance policies. For example, some people have lost thousands of dollars because they did not understand the interplay between health insurance plans, managed care plans and retirement plans.  Most policies are coordinated, meaning that if you have existing health insurance in the event of a truck accident, your health insurance pays first and your auto insurance pays the remaining balance. With uncoordinated coverage, truck accident victims may be entitled to receive a “double dip recovery” under the policy.

5. Never sign a release or give statement to a Michigan insurance claims adjuster.

Since it’s common for trucking companies to send defense attorneys, investigators and insurance adjusters immediately to the accident scene to lessen the company’s liability, do not speak with them or sign anything. Otherwise, you could unknowingly relinquish your rights or put your truck accident case in jeopardy. Never give statements to any Michigan truck accident claims adjuster and never sign a release or allow the adjuster to look at the auto damage – without speaking to your truck accident attorney first.   Simply tell the adjuster that you need to review the paperwork with your attorney and will get back to them with your response. 

Too many people rush into signing adjusters’ documents without having the language reviewed by a Michigan truck accident lawyer. Therefore, they may lose their right to sue the negligent truck driver and the trucking company for accident-related injuries. Claims adjusters often try to get recorded statements early, aiming to minimize the accident victim’s pain and injuries for later use in court. Even limited property damage releases can contain unrelated language releasing all personal injuries suffered from a car accident.

Michigan auto and truck accident liability is different from all other states. Damages recoverable from a Michigan truck injury accident will include claims through the victim’s own auto insurance company. If the truck driver was determined to be at fault, claims against the negligent driver’s insurance involves pain and suffering damages and excess economic damages beyond Michigan’s No Fault maximums. All auto insurance policies sold in Michigan include some limited coverage for vehicle damage (mini-tort) and property damage.

Additional information, tips and important advice about successfully handling truck accident cases can be found throughout the Michigan Truck Accident Legal Resource Center. Every truck accident case in Michigan is unique and most often, very challenging. There is never a down side to contacting a Michigan truck accident attorney for a free review of your circumstances. 

About the Author

Michigan Auto Accident Lawyer Steve Gursten is recognized as one of the nation’s top experts in serious auto accident injury cases. Steve has received the largest jury verdict for an automobile accident case in Michigan in four of the last seven years, including 2008, according to Michigan Lawyers Weekly.

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