A Wayland Township car accident has resulted in the death of a Wayland Union freshman and injuries to other students.  The accident occurred as an Allegan County Sheriff’s Deputy was responding to a call about a man with a gun.  The trooper was traveling on 10^th Street near 125^th Street when a car occupied by four teenagers lost control, crossed the centerline, and struck the police car. 

The impact was worst for the back seat passengers.  Evan Dame, 14, died after being on life support for several hours.  Austin Roblyer, 14, was also in the back seat and sustained serious injuries.  Front seat passenger Ryan Keeney, 17, was treated for minor injuries and released from the hospital.  The driver, Brett Dame, 16, was unhurt.  The accident is still being investigated.

This is a real tragedy, especially because the victims are so young.  I want to extend my sympathies to all the families involved.

Michigan No Fault insurance can help the families deal with some of the consequences of this accident.  No Fault benefits will pay all the medical expenses incurred, including hospital bills and follow-up treatment.  A No Fault survivor loss claim will cover a portion of the funeral costs for Evan Dame.  Additional benefits such as attendant care may be available to Austin Roblyer depending on the severity of his injuries.

In addition to the No Fault insurance claim, Austin Roblyer may be able to sue the driver determined to be at-fault for additional damages.  Evan Dame’s estate can also sue the negligent driver, even if it is his brother Brett.  Although many people would feel uncomfortable about a parent, who would bring the suit on behalf of the estate, suing one of their children, these lawsuits are actually quite common.  The lawsuit will be defended and paid for by the insurance company, not Brett Dame personally, so there is no reason to treat this aspect of the accident differently from any other car accident.

If you would like more information about your rights after a Michigan car accident, you can order our FREE book, “The Ultimate Michigan Car Accident Handbook” by clicking on the book link.  We will send it out immediately along with other important information. 

For more information about Michigan car accident cases, visit our law firm web site at http://www.buckfirelaw.com.  If you would like to speak with one of our Michigan car accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

A Walker car accident has injured a pedestrian.  The accident occurred on December 6, 2008 when a 19-year old woman was hit by a car while walking on West River Drive near Lankamp Street.  Her condition is unknown. Police are still investigating the accident.

I am extremely sorry this accident occurred, especially because the victim is so young.  I hope she is able to recover fully from her injuries.

Many people do not realize this but when a pedestrian is hit by a car, the pedestrian can file for Michigan No Fault insurance benefits.  These benefits will pay for the medical expenses caused by the accident, lost wages, household replacement services, and other benefits.

 Even if the pedestrian does not own a No Fault policy, she can still collect the insurance benefits.  The reason she can do this is because the Michigan No Fault Act establishes an order of priority under which people can file claims for No Fault benefits.  The pedestrian would first make a claim from her own insurance company, and if she did not own a policy, she could make a claim through a parent or relative’s policy.  If none of the people she lived with owned a policy, a lawyer could help her work through the order of priority and determine which insurance company should pay.

If you would like more information about your rights after a Michigan car accident, you can order our FREE book, “The Ultimate Michigan Car Accident Handbook” by clicking on the book link.  We will send it out immediately along with other important information. 

For more information about Michigan car accident cases, visit our law firm web site at www.BuckfireLaw.com.  If you would like to speak with one of our Michigan car accident attorneys about your case, feel free to call us anytime at (800) 606-1717 or simply submit this contact form and we will get back to you quickly.

Under the Michigan No-Fault Insurance system, a person who suffers injuries arising out of the use of a motor vehicle can make a claim for Michigan No-Fault Insurance benefits.  These include payment of medical bills, lost wages, attendant care services, household services, and other benefits.  It is not always clear which auto no-fault insurance is responsible for paying benefits.  To make this determination, the Michigan No-Fault Statute has what is called the “Order of Priority“ which lists which insurance company is responsible for paying benefits in every type of situation.

The Order of Priority is very important because injured persons are required to submit reasonable proof of their claims to the proper insurance company within certain time frame limits.  If a deadline is missed, the claim may be lost forever.  The determination as to which insurance company is responsible is often complicated and depends on a number of factors.  In general, a person injured in a motor vehicle accident would first make claim against his or her own no-fault insurance company in every situation, whether a driver, passenger, or pedestrian at the time of the accident.  This is the most basic scenario but matters become more confusing.

Our Michigan No-Fault Lawyers developed an “Order of Priority Chart” that uses a color coded flow chart to identify the proper insurance company in any scenario.  This chart is used by lawyers and medical providers to quickly determine which auto insurance company is responsible for paying benefits.  We will gladly send a copy to anyone requesting the chart.  Just call us at (800) 606-1717 and request one.

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