Q: I was driving someone else’s car and was injured in an auto crash. The car was not insured. Can I recover damages from the driver who caused the collision?

A: Yes. If the car was not your vehicle and you did not have the car for more than 30 days, then you are not prevented from recovering damages due to the fact that the car was not insured.

Q: I was involved in a collision and the car that I was in was not insured. Who will pay my medical bills and lost wages?

A: Michigan has a list of priorities that determine who pays the medical bills and lost wages. For example, if the car that you were in was not insured but you have car insurance on your own car, then your car’s insurance company may be responsible for paying the medical bills and lost wages. If there is no insurance available, then the State of Michigan may assign the claim to a random insurance company.

Q: I was driving my employer’s car when the collision occurred. I was injured and have lost time from work. Is this a workers’ compensation case?

A: If your employer had workers’ compensation insurance, then it most likely will be a workers’ compensation case. However, if the employer did not have workers’ compensation coverage, then the car insurance may pay and seek reimbursement from the employer.

Q: How badly must a person be injured in order to have a claim in Michigan for pain and suffering?

A: This is an issue to be determined by the judge. However, the injuries must be severe enough to have made some substantial change in the injured person’s life. The injury or injuries need not be permanent in order to have a law suit.

Q: When must I bring a claim? When is it too late to bring a claim?

A: Claims for pain and suffering must generally be brought within three years from the date of the occurrence. Claims for wages, medical bills and replacement services must be brought much quicker. The insurer must be notified of the incident within one year of its occurrence. Failure to notify the insurer within one year will most likely prevent the injured person from bringing suit. If the insurer is notified of the incident within the year, then suit must be brought within one year of the time that a loss is incurred. In cases for wage loss and medical bills, the insurer generally only owes one year back from the time that suit is brought.

Q: Why should I be responsible for paying my attorney when the insurer should have paid the medical bills?

A: There are provisions in the No-Fault law to have the insurance company pay the injured person’s attorney fee under some circumstances. If it is determined that the insurance company should pay the injured person’s attorney, the judge determines the fee. Also, there are hefty interest penalties if it is determined that the insurance company delayed in making proper payment.

Q: The driver that caused the crash was not insured. Who can I get compensated for my injuries?

A: Many people have uninsured motorists coverage in their own insurance policy. This coverage requires your insurance company to pay you what the uninsured driver should have paid. Also, many people have underinsured motorists coverage. This coverage kicks in when the at-fault driver has insufficient insurance coverage to pay for the damages for pain and suffering. Almost always it is advisable to see a lawyer to pursue such coverage.

Q: How does my attorney get paid if I bring suit against the other driver or the insurance company?

A: The law firm of William S. Stern almost always takes such cases on a contingency. This means that there is no attorney fee if there is no recovery. In the event of a recovery, the fee is generally a percentage of the net amount recovered after costs are reimbursed from the recovery.