Filing an insurance claim after a car accident can feel overwhelming—especially if you’re injured or the other driver is underinsured or uninsured. A car accident lawyer in Michigan can help simplify the process, protect your legal rights, and maximize the compensation you receive. Whether you’re filing a basic claim or pursuing a personal injury lawsuit, an attorney can guide you every step of the way.
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Can a Lawyer Help File an Insurance Claim?
Yes. A car accident lawyer can assist with both first-party claims (filed with your insurance provider) and third-party claims (filed with the at-fault driver’s insurer). They’ll help gather documentation, handle communications with insurance adjusters, and work to ensure the settlement you receive reflects the full scope of your injuries and losses.
What Does a Car Accident Lawyer Do During the Claims Process?
The attorney’s role depends on the complexity of your case but generally includes:
Collecting Evidence
To file a successful claim, you need to show proof of your damages. A lawyer can help gather and organize:
- Medical records and bills
- Proof of lost wages
- Photos or video of the accident scene
- Witness statements
- Surveillance or traffic camera footage
- Vehicle repair estimates
They’ll also compile this Evidence into a demand letter to present to the insurance company, laying out the facts and requesting a fair settlement.
Filing the Claim
In Michigan, a no-fault insurance system means your insurer usually pays for medical costs and lost wages—regardless of who was at fault. Your lawyer will:
- Review your auto policy to determine what’s covered
- Ensure you file your claim on time
- Communicate with your insurance company
- Explain any relevant legal deadlines
They will also ensure that all necessary documentation is submitted correctly, thereby reducing the chances of delays or denials due to clerical errors.
Negotiating a Fair Settlement
Insurance companies may offer low initial settlements. An attorney helps by:
- Presenting strong Evidence of your injuries
- Pushing back against lowball offers
- Evaluating counteroffers
- Advising whether to settle or litigate
An experienced lawyer understands insurance company tactics and will advocate for a payout that covers both economic and non-economic damages.
Filing a Claim Against the Other Driver
If your injuries meet Michigan’s serious impairment threshold, you may file a third-party claim with the at-fault driver’s insurer. This type of claim can seek compensation for:
- Medical bills not covered by PIP
- Lost income and diminished earning capacity
- Pain and suffering
- Rehabilitative care and long-term support
If the at-fault driver is uninsured or underinsured, your lawyer can help you explore coverage through your Uninsured/Underinsured Motorist (UM/UIM) policy.
Proving Fault in a Michigan Car Accident
Establishing fault is key in third-party claims. Your attorney may use:
- Police reports
- Eyewitness testimony
- Photos or video evidence
- Black box data from vehicles
- Expert accident reconstruction
Michigan’s modified comparative fault rule means you can still recover damages even if you were partially at fault—though your percentage of fault will reduce your compensation. If you’re more than 50% responsible, you cannot recover non-economic damages.
Arguing for Non-Economic Damages
In cases involving long-term or permanent injuries, non-economic damages, such as pain and suffering, may be awarded. These cover:
- Emotional distress
- Loss of enjoyment of life
- Physical pain
- Disruption of personal relationships
A lawyer can help present medical records, therapist reports, and statements from friends and family to show how your injuries have affected your daily life.
When to Hire a Car Accident Lawyer
While not every accident requires legal representation, a consultation can help you understand your rights and options. It’s especially advisable to hire a lawyer if:
Your Insurance Company Isn’t Paying What You’re Owed
Even if you carry the required coverage under Michigan law, insurance providers may attempt to reduce or deny your benefits. A lawyer can help challenge unfair denials and ensure your insurer complies with its obligations.
You’ve Reached the Maximum Limit of Your Policy
If your medical bills exceed your policy’s limits—particularly if you opted out of unlimited PIP coverage—you may be entitled to pursue a third-party claim. An attorney can help file this claim and negotiate a fair settlement.
You Suffered Serious Injuries
In cases involving long-term disability or permanent disfigurement, Michigan law allows you to seek non-economic damages such as pain and suffering. These claims are complex and should be handled with the guidance of a lawyer.
The Other Driver Does Not Have Insurance
If an uninsured driver hits you, your uninsured motorist coverage may apply. However, disputes over eligibility or payout amounts are common. A lawyer can help ensure your claim is handled correctly and promptly.
Your Claim Was Denied
If your insurance company denies your claim, your insurer’s can:
- Review the denial explanation
- Identify any documentation errors
- File an appeal or pursue legal action if necessary
Already Filed a Claim? You Can Still Get Legal Help
Even if you’ve already submitted your insurance claim, it’s not too late to bring in a lawyer. An attorney can:
- Review your documentation
- Clarify your legal rights
- Step in if the insurer delays or offers too little
- I represent you in case your case escalates
Navigating an auto accident claim can be challenging without legal expertise, especially when dealing with insurance companies that focus on minimizing payouts. A car accident lawyer in Michigan can guide you through each phase of your claim, from filing and documentation to negotiation and, if needed, litigation.
By having a legal advocate in your corner, you can focus on your recovery while they fight for the compensation you need and deserve.
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