Insurance Companies: Tactics They Use To Minimize Payments or Deny Your Claim

A quick summary:

1. Insurance companies will tell you not to hire a lawyer, in an attempt to keep you from knowing your full rights when it comes to compensation, as well as making it easy for them to run the clock on your statute of limitations
2. They will tell you your damages are not covered under your policy, or offer you a low settlement in hopes you will just take their offer and move on.
3. They may have you sign forms or releases that will cause you to unknowingly waive your right to compensation.
4. They may say you’ve made a material misrepresentation, allege fraud, and could possibly rescind your insurance policy and deny responsibility to pay out benefits.
5. Hiring an attorney can help you avoid the above, allowing you to navigate the process of making an insurance claim without the headaches of insurance companies taking advantage of you.

It is common knowledge that insurance companies will do a lot to avoid paying for someone’s claim. If you’re in an accident of any kind, from auto crashes to slip and fall, you will need to file a claim with your insurance. It is common to experience resistance from the insurance company on paying that claim. When you are trying to seek financial assistance from an insurance company, it is a good idea to hire an attorney to help you through the process.

Some Common Ways Insurance Companies Try To Avoid Paying Claims

A lot of the times, an insurance company will tell you not to hire an attorney. They know that the attorney will try to get as much money as possible for their clients. By telling you not to hire an attorney, they know that dealing with you directly will likely result in you just taking whatever they offer for compensation. Additionally, they may give you the run around for months. They’ll tell you that they’re in the process of reviewing your claim, effectively running the clock on your claim until the statute of limitations has passed. Once it has passed, they will deny your claim and you will have lost the ability to sue for the compensation you are entitled to. This is why it is important to hire an attorney from the get-go.

Additionally, insurers know that the average Joe likely does not know what their policy covers vs. what it does not. They know that you probably haven’t read up on what it covers, either, and thus will tell you that your policy doesn’t cover what you are seeking compensation for (injuries, bills, damages, etc.), relying on hopes that you won’t press the issue further and take what they say at face value. Make sure to always review your insurance policy, and understand what your coverage is. If you remain confused, seek the help of an attorney.

If it does get to the point where they offer you money for your claim, they will likely lowball you with an offer much lower than what you are entitled to. The figure they give could seem like a lot, but its unlikely to be what you fully need for your claim. They get away with this knowing that a lot of those who make claims aren’t informed on what their policy actually covers, as stated previously in the above paragraph. They know you need the money, and will count on their hopes that you’ll just take whatever they’ve offered because of that fact.

Another questionable way insurers will attempt to get out of paying on your claim is by tricking you into signing forms that could void your ability to get compensation, or inhibit your ability to get compensation. These forms may have fine print on them that if you sign, you could be unknowingly waiving your rights to any recovery or unknowingly admitting fault for a crash. This is another majorly important reason to hire a lawyer. Never sign any forms given to you by an insurance company after an accident without having an attorney review them with you. You may severely damage your ability to get compensated for your damages.

Suppose you are able to make a claim for an accident in Michigan regarding no-fault PIP benefits, with your insurer. They may then allege that you’ve misrepresented something when you applied for insurance, or misrepresented something involving the drivers in your household, or something about the vehicles listed on your policy. Increasingly this is being seen in Michigan, where insurance companies will say there was a material misrepresentation by their insured, and then argue that this constitutes fraud.

By alleging fraud, they will argue they do not have a responsibility to pay out any benefits. Worst of all, when they’ve alleged the material misrepresentation and fraud, they may void your entire insurance policy based on their assertions. When they’ve done this, they’ve effectively rescinded your entire policy, making it as if your policy never existed at all, and using that fact to declare they have no responsibility to pay your claim.

Insurance policies are contracts, and frustratingly, insurance companies have increasingly been able to get out of paying benefits since courts must follow the language of contracts. This means that if you’ve simply forgotten to include one piece of basic info on your car insurance, the company can get out of paying. In this situation it is imperative you hire an attorney and provide them with all insurance documentation, correspondence, e-mails, etc., so they can assist you in fighting the allegations made by your insurance company.

How To Deal With An Insurance Company After An Accident Claim

1. Limit your interactions with the insurance company. Assume every call, e-mail, etc. is recorded and used when deciding your claim.
2. Similar to the above, do not chat with the insurance adjuster. Their job is to find ways to avoid paying claims, not matter how friendly they may seem.
3. Do not sign any forms or releases given to you by the company, without consulting an attorney first.
4. Do not accept an initial settlement offer from the company, especially without knowing the full extent of your damages.
5. Do not agree to give recorded statements without an attorney.

You should expect to be treated fairly by your insurance company, but oftentimes this is not the case. The insurance company will absolutely be looking for ways to limit the amount of money they pay out for your claim if not denying it outright. It’s important to retain an attorney once you’ve been in an accident, so you can successfully navigate the process of having your damages covered, with ease.

 

Have you been in an accident and are now dealing with shifty practices by your insurance company?

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Medical Malpractice: Surgical Objects Left Inside Patients Due To Negligence

In the U.S., up to 6,000 people who have surgery wind up with surgical objects left inside of their bodies once sewn up. Some estimates even range between 1 in every 1,000 surgeries, with some hospitals reporting objects left inside patients once every three months! Most commonly, patients find themselves with needles or sponges left behind. Additionally, a lot of items left inside patients may include scalpels, masks, clamps, gloves, forceps, as well as other typical surgical instruments. Due to this sort of negligence by medical providers, these patients may experience health issues (sometimes permanent) caused by the objects having been left inside their bodies.

People who are left with these implements in their bodies are then at risk for experiencing serious medical issues, from infections, fever, swelling, or even damage to their internal organs. In the most severe cases, death can result. In the mildest cases, a patient may never notice the object, and never experience any issues. This commonly occurs in those who may be overweight or obese, or when a surgery requires multiple surgical teams. It can also happen when there are unexpected changes or occurrences in a surgery, e.g. greater loss of blood could mean needing more sponges, which could increase the risk that sponges are left behind in someone’s body.

Every single occurrence of objects being left behind is due to human error, whether it be fatigue, distraction, or failure on the part of a nurse tracking surgical instruments being used. If a surgical object is left inside someone’s body, injuring the patient, the patient may have grounds to sue on the basis of medical malpractice. Medical malpractice is a licensed medical professional’s failure to meet the standard of care of a reasonably prudent professional of similar training under similar circumstances. The medical professional is liable to a patient for damages when the professional’s malpractice causes the patient to suffer injury or loss.

If you have been affected by a medical professional’s negligence, and have had a surgical object left inside your body, and it has caused you to suffer injury, you may be able to sue for medical malpractice. It is imperative to contact an attorney as soon as this medical error is detected as medical malpractice suits can be very complex and can require extensive research before filing. Additionally, medical malpractice suits require a lot of fact-finding before they can be filed, such as finding and retaining expert witnesses, and following stringent procedural requirements like preparing documents that are specifically required in medical malpractice lawsuits. This is why it is very important to contact an attorney as soon as possible when you think you may have legal recourse, as medical malpractice injury lawsuits have a statute of limitations (a deadline which a case must be filed before) of two years.

 

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Social Security Disability: How A Lawyer Can Help You

Applying for Social Security Disability can be a frustrating task. This is especially true for Michigan, ranked in the top 10 states for having the most residents waiting for an answer on their SSD whether it be approval or denial, and then subsequently waiting for an appeal if denied. Having a lawyer can help you get through this process much smoother since they understand the ins-and-outs of applying for benefits.

They can help you gather and organize all of your information that you need for your application, including your medical records, income, and work history. They also will help you in understanding your eligibility and give you a better chance of maximizing the benefits you may receive. They will minimize the potential for errors on your application, which otherwise could delay your benefits or result in a denial. With this assistance, it may help you receive your benefits sooner due to the process being streamlined by your lawyer.

At MichiganLawsuit.com, we can assist you with your Social Security Disability process, and support you if you need help with appealing a denial. Give us a call at 1-855-LAW-MICH to get started.

 

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What If I Was A Passenger In A Car Crash?

In 2019, there were 630,665 occupants of vehicles involved in crashes across Michigan, up 0.7% from the previous year. This includes not only drivers, but passengers as well. If you are injured in a car accident where you are not the driver, it can be confusing to figure out which insurance company is responsible for paying benefits. At a time where stress is running high, our skilled office can help you navigate the issues presented by being injured as a passenger in a Michigan car crash.

Different types of crashes can affect how you may be able to recover lost wages or medical expenses, among other damages. If you were a passenger in a single-vehicle crash, for example, you may be able to hold the driver responsible, depending on the situation. If you were a passenger in a vehicle crash involving another driver, you may be covered under personal injury protection (PIP) through Michigan’s “no-fault” system. In other situations where you may have been injured, such as bus, Uber/Lyft, an employer-provided vehicle, there may be some exceptions that apply, and it is best to consult with someone regarding making a claim.

We at MichiganLawsuit.com understand that figuring out how to proceed in these situations can be daunting, especially after suffering from injuries due to a crash. Give us a call, we can help.

Premises Liability And Injuries On Your Rental Property

Here at MichiganLawsuit.com, P.C., we service a wide variety of needs when it comes to filing your lawsuit. This includes representation for personal injuries related to accidents occurring on your rental property. Landlords have a duty to provide you with a safe environment, but some cut corners and this can lead to you, the tenant, suffering harm due to their negligence. If this happens, you may have a case to seek compensation for your damages. Landlords must keep their rental properties in reasonable repair and fit for living in per Michigan law, and it is an “implied warranty of habitability,” which means that this does not  have to be stated in your rental contract. Landlords must understand that this is an obligation regardless of whether or not it is in your lease that they must maintain the property.

Landlords have a responsibility to maintain the home, or, in the case of an apartment, the individual apartments, commons areas, lobbies, pools, clubhouses, etc. They’re responsible for multiple areas of your rental, including:

• Hot and cold water and heat, plumbing, electrical, ventilation, HVAC systems;
• Roofs, walls, floors, stairs;
• Extermination of pests if present;
• Prevention and/or removal of potentially hazardous materials in the environment (lead, mold, asbestos, etc.);

This is not an exhaustive list, there is plenty more that a landlord is responsible for. Additionally, under Michigan law, landlords have to report any hidden issues that are potentially hazardous and can cause injury or illness, such as the existence of lead-based paint, asbestos insulation, etc. If they fail to disclose this sort of information, they may be subject to fines, and if someone is injured as a result of these kinds of issues, they could be found liable. They are also required to correct these hazardous conditions that affect habitability and threaten the safety of you and your family. A simple disclosure of the issue on the premises is not enough. Once they’re aware of it, they must take necessary steps to mitigate the issue. However, they must be made aware of any new, potential issues that could cause injury. For example, if you as a tenant are aware of dangerous conditions inside your rental that could cause injury, but fail to request a repair or tell your landlord, and a home visitor is injured, you may be held liable instead of the landlord.

Premises liability factors in here, as the injury has resulted from an unsafe condition on a property that is not theirs. In order to consider filing a lawsuit of this manner, certain conditions have to be in play: the person being sued must keep the premises free of potentially hazardous conditions, they must have failed to meet this obligation, the injured party’s injuries must be a direct result of the negligence of the person being sued, and they must have suffered damages as a result of these injuries. For example, if your wooden stairs in your rental are in disrepair and have broken floorboards, and you injure yourself going down those stairs due to the broken floor boards, you may have a case. The damages in these cases must be significant meaning, a bump, cut, or bruise is not enough to file a premises lawsuit. The damages must be more along the lines of work loss, pain/suffering, or medical bills. Typically, the person who is liable in these cases are a company who maintains control of the property, or an individual who may be the owner.

 

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MichiganLawsuit.com, P.C. Can Help You With Your Lawsuit Needs

Are you searching for an attorney? Have you been injured in a car accident, or are seeking help with a denied disability claim? Maybe you’ve experienced an injury at work, or perhaps you’ve suffered from legal malpractice. Regardless, our skilled office can help you, and will investigate your lawsuit for you without a fee unless you receive money.

We specialize in representing clients who have suffered serious injuries or losses caused by negligence, accidents, or mistreatment by others. Our office will investigate how and why the injury happened, gather evidence, question relevant witnesses, build your case with expertise while keeping you informed with each step.

Our office will do everything to maximize your money damages award, between retaining expert witnesses, contacting doctors, or employers or obtaining records to build your case. We are thorough in building your case, obtaining driving records of at-fault drivers, accident scene evidence, witness statements, building records of dangerous properties, and more.

Do you live outside of the Metro Detroit area? Fear not, attorney Ross M. Gilders provides excellent legal representation anywhere in the State of Michigan, whether you’re in Grand Rapids, Traverse City, Flint, or even the upper peninsula. He will advocate for you and fight for you to maximize the value of your lawsuit.

 

Have you been in an accident?

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August 2021: Michigan No-Fault Updates

At MichiganLawsuit.com, P.C., we probably are beginning to sound like a broken record continuing to discuss the Michigan No-Fault laws, and how they affect you. However, it is important to recognize the very real consequences of these changes. In this article, we will take a look at some of these changes, including those that went into effect on July 2, 2021. 

Provider Fee Caps Explained

Prior to the changes the new Michigan No-Fault laws brought about, there were no fee schedules of regulation of provider charges. Per MCL 500.3107(1)(a) and MCL 500.3157, any charges just had to be “reasonable and customary.” However, on July 2, 2021, the amended §3157 went into effect, creating significant fee caps in two main areas: Medicare payable services, and non-Medicare payable services. For services payable under Medicare, during the first year the fee cap is set at 200% of the amount payable by Mecicare during the first year. As time goes on, however, this fee cap decreases, beginning at 195% of the amount payable by Medicare during the second year and 190% in the third year. Even so, there are still exceptions for a few certain hospitals, where the base rate cap can be as high as 250% of the amount payable by Medicare. Keep in mind, though, that these are fee caps and not fee schedules, which means that an insurer may still argue that the amount being claimed is unreasonable even if it is within the cap. 

Where we find ourselves in the weeds with this change is with the non-Medicare payable services. Attendant care services provided by home care agencies, long-term rehab facilities, family members, etc. are not covered under Medicare. These services, among other non-Medicare payable services, now have a 55% cap on the provider charges. This is going to devastate home care agencies and facilities like it, and the providers, being that most cannot afford a 45% reduction in charges. For example, a home care health agency may charge roughly $26 per hour, where the employees are paid $12-$14 an hour from that, $12-$14 goes to other overhead such as insurance, lease expenses, utilities, etc. Obviously, being a business, they would also want to turn a profit, keeping whatever is left over after taking care of the aforementioned expenses. With the new fee cap, that $26 is knocked down to $14.30 an hour. These businesses would then be completely unable to cover the cost of employees or overhead, let alone make anything for themselves. Because the legislative effort to change this has failed, there are other avenues being explored regarding being able to get these services paid for, such as the possibility of forming new corporate entities, that did not exist in January 2019. The language of §3157(7) discusses only charges that existed in January 2019. Thus, it is a potential possibility that new entities will revert to the prior “reasonable and customary” standard of §3157(1).

Attendant Care Benefits: Limits, Family as Providers

In workers comp law, family provided attendant care is limited to 56 hours per week, which has now also been adopted by §3157(10). However, it seems that insurers and the Michigan Catastrophic Claims Association (MCCA) have been paying the reasonable value of family-provided services, without a 45% reductions, and it also appears that they may be okay with family members serving as the de facto provider to those who need care. This means they may not limit the care to 56 hours per week, and pay for up to 24 hours per day (168 hours weekly) of family provided attendant care. They would pay the family to provide the care, which includes the family being able to provide non-relatives as caregivers. This is permitted under §3157(11), and while the commercial, independent agencies are suffering from cuts, this may mean the family can provide and/or purchase the care their injured family member needs. 

 

Resources:

• FIND YOUR STATE SENATOR 
• FIND YOUR STATE REPRESENTATIVE
• District 13 State Senator: Mallory McMorrow
• 26th House District State Representative: Jim Ellison
• HB4486 Explained by Michigan Brain Injury Provider Council
• Michigan Legislature HB4486 Introduced Bill
• Michigan Legislature SB0314 Introduced Bill
• Michigan Bill Search

 

 

Have you been in an accident?

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Attendant Care Benefits and New Michigan No-Fault Changes

July 1 is quickly approaching, and the concerns about No-Fault law changes continue to rise. Under the new change in the law, attendant care facilities, home health, and rehabilitation care facilities are to reduce their fees by 45%, which could cause many to close their doors. This leaves the population of Michigan with catastrophic injuries at a major risk.  These providers would likely be unable to provide adequate services with reduced rates. Additionally, the reduction in benefits is retroactively being applied to already existing claimants, which is likely unconstitutional. 

In addition to the fee reduction, there is a 56 hour per week cap on family or friend provided attendant care put into effect, which comes out to 8 hours per day of care. This means No-Fault insurance companies will only be required to pay for 56 hours per week, instead of the unlimited hours they were required to pay for prior to the change. A person who is injured is likely to need round-the-clock care, and now the person providing that will only be paid for 8 hours of their time per day. Notably, an attorney may be able to negotiate with the No-Fault insurance company to reach an agreement that they will continue to pay for the family-provided care that would exceed the 56 hour limit, due to the fact that it would be significantly less expensive for the insurance company to pay the family member vs. 24/7 commercial attendant care.

Gov. Gretchen Whitmer has urged Michigan’s legislative leaders to make changes to the law before the end of June to prevent the impending issues that will occur from these changes. However, it appears that the Michigan legislature is in no hurry to fix these laws as to protect the catastrophically injured, and instead are waiting to see what happens regarding the fee schedule changes. Some lawmakers have shown concern regarding the new changes, and have expressed willingness to amend the law. Use our resources below to contact your lawmakers and urge them to make these changes before July 1. 

 

Resources:

• FIND YOUR STATE SENATOR 
• FIND YOUR STATE REPRESENTATIVE
• District 13 State Senator: Mallory McMorrow
• 26th House District State Representative: Jim Ellison
• HB4486 Explained by Michigan Brain Injury Provider Council
• Michigan Legislature HB4486 Introduced Bill
• Michigan Legislature SB0314 Introduced Bill
• Michigan Bill Search

More Changes To Michigan No-Fault Law Coming July 1

Michigan’s No-Fault law has more coming to it, and it’s not all good. As of July 1, businesses who provide care to Michigan’s catastrophically injured people, such as attendant care, home health care, or rehabilitation care, must reduce their fees by 45%. These care establishments will be taking such a large hit that many may not be able to survive, therefore not only putting their employees out of work, but also removing the necessary daily care these Michiganders need in order to thrive. All of this has been done in order to lower car insurance rates in Michigan, which has not yet proven effective considering most still pay hundreds of dollars a month or more for their insurance premiums. According to a study cited by the Michigan Brain Injury Provider Council (MBIPC), 8 out of every 10 rehabilitation care facilities will close.

This will force Michigan’s victims of traumatic brain injuries and spinal cord injuries to have to find their own attendant care, and not only that, but have to survive with even less of it. Proponents of this auto insurance “reform” and insurance companies push that these people can just go where Medicare covers their care. However, with so many of these businesses having to shut their doors on their patients, that leaves these victims few choices for what they can do to get the help they need. The MBIPC suggests that a “Statewide survey finds 6,000 accident victims expected to lose care and 5,000 health care providers to lose jobs if House Bill 4486 is not passed.” This survey was done on more than 110 brain injury rehabilitation providers, and according to the MBIPC survey, will be “forced to lay off thousands of workers, discontinue catastrophic care for thousands of auto accident patients, and potentially go out of business, if House Bill 4486 isn’t passed well before July 1.“

Under the new no-fault auto insurance reform that passed in 2019, services such as attendant care, home health care, rehabilitative care, etc., that do not have a corresponding Medicare code, must cut their reimbursements by 45%. House Bill 4486 contains a technical fix to this part of the legislation, proposing limits on how much post-acute care providers can bill, but also enabling these care providers to remain in business and supply the care to the patients they serve. Senate Bill 314 also allows for a fix to this portion of the law. In order to prevent devastating consequences, the people of Michigan must let their state representatives and state senators know that they want these two bills to pass well before July 1, and the deadline is fast approaching with the legislature breaking in a few short weeks. Call and e-mail your senators and representatives, and tell them that you want House Bill 4486 and Senate Bill 314 passed as soon as they can possibly do it, to get this portion of the law fixed.

Resources:

• FIND YOUR STATE SENATOR 
• FIND YOUR STATE REPRESENTATIVE
• District 13 State Senator: Mallory McMorrow
• 26th House District State Representative: Jim Ellison
• HB4486 Explained by Michigan Brain Injury Provider Council
• Michigan Legislature HB4486 Introduced Bill
• Michigan Legislature SB0314 Introduced Bill
• Michigan Bill Search

Keeping Yourself Safe On Social Media After An Accident

Social media like Facebook, Instagram, Twitter, etc., can be a fun way to stay in touch with your friends and family. These sites have become so ingrained in our every day life, it’s easy to forget about thinking twice about posting certain things to your feed. Between photos, posts, check-in’s, and so on and so forth, we can sometimes leave ourselves vulnerable to being scrutinized online.

After being in an accident, the best way to protect yourself and your case would be to close all social media accounts. Of course, this can sometimes be easier said than done, considering social media is a way we stay in touch with others in our life that we may not necessarily get a chance to talk with otherwise. However, it’s important to be mindful about what we post to our pages. Insurance companies absolutely will comb over the pages of people who are trying to make a claim, and will use any posts they can to disprove your right to making a claim.

Guide To Keeping Your Page Secure After An Accident

1. Don’t accept friend requests or follower requests from people you do not know. It’s very possible that someone may attempt to get access to your page through these means. Once they’re in, this renders your privacy settings useless as they can save any posts that may put your claim in danger.
2. Don’t talk about the accident. It can be tempting to post after being in an accident to inform friends and family about what happened, perhaps even sharing photos of the damage, or of themselves in the hospital. But even something as simple as posting about these and expressing a desire to get back to good health as soon as you can, can lead investigators to use this as proof your damages are not as bad as you’ve claimed them to be.
3. Do not lie about your accident online. Do not embellish details, or lie about what you were doing before it happened. Posts on social media are geotagged, meaning, they have location data attached to them showing the physical location where it was posted. This information can show where you were, and what you were doing at the time of your posting. Adjusters, investigators, or defense counsel can use this information to expose anything you may have misrepresented.
4. Don’t post anything about your case. Anything you’ve discussed with your attorney regarding your case should be kept between you and them. This is privileged information, but once posted online becomes fair game as evidence in your case. Posting about your case online can have serious repercussions and can jeopardize your claim.

After Your Accident: How To Stay Smart On Social Media

1. Put your page on the highest privacy settings possible. Locking down your page is the best way to protect what you are posting from the wrong eyes. Make it so people cannot read the posts on your page without being a follower or a friend. This will help keep the insurance company from seeing what you have posted. It is also easy to set things to private on your pages, all you have to do is go to your privacy settings on each of your social media profiles. However, keep it in mind that no social media is 100% private, and understand that it is important to not post anything about your accident online regardless of privacy settings.
2. Stay mindful about where you check-in online. Checking-in is a popular feature on social media that a lot of people use to share with friends and family the places you enjoy going to. However, doing this after an accident can jeopardize your claim. Investigators can use this information to try and disprove your claim to damages, especially if you’re checking in at locations that show you are doing any sort of physical activity, such as visiting the mall, or going to the gym.
3. Remind family/friends to be mindful about their posts. Well-meaning family members or friends may want to help keep the rest of your friends list informed about how you are doing after an accident. Perhaps your friend wants to share about the fun hang-out you went to, and posts pictures and tags you in them. Maybe a family member posts a check-in with you tagged. All of these things can pop up on your profile, be visible to an investigator, and potentially be used against you. Make sure you tell friends/family members that these kinds of posts can harm your case, and ask them to not tag you or share posts that involve you in any way.
4. Refrain from sharing any photos of your accident or damages. It is important to take photos of your accident, of your car, the scene, and any injuries you may have, as evidence of your damages in the event it is needed in your case. However, it is extremely important to not post these pictures online for everyone to see. Anyone can save these pictures and use them against you. These photos need to stay between you and your attorney.

As stated previously, the best way to protect your case is to close all of your social media accounts, at least temporarily, until the conclusion of your case. Social media, no matter how much you secure your profile with privacy settings, is still publicly available online. Your profiles can easily be found and scrutinized for information, and investigators will use anything they can garner as evidence in your case. If you just cannot go without your social media, follow these tips on how to stay as secure online as you possibly can after experiencing an accident.

 

Have you been in an accident?

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1-855-529-6424

Insurance Companies: Tactics They Use To Minimize Payments or Deny Your Claim

A quick summary:

1. Insurance companies will tell you not to hire a lawyer, in an attempt to keep you from knowing your full rights when it comes to compensation, as well as making it easy for them to run the clock on your statute of limitations
2. They will tell you your damages are not covered under your policy, or offer you a low settlement in hopes you will just take their offer and move on.
3. They may have you sign forms or releases that will cause you to unknowingly waive your right to compensation.
4. They may say you’ve made a material misrepresentation, allege fraud, and could possibly rescind your insurance policy and deny responsibility to pay out benefits.
5. Hiring an attorney can help you avoid the above, allowing you to navigate the process of making an insurance claim without the headaches of insurance companies taking advantage of you.

It is common knowledge that insurance companies will do a lot to avoid paying for someone’s claim. If you’re in an accident of any kind, from auto crashes to slip and fall, you will need to file a claim with your insurance. It is common to experience resistance from the insurance company on paying that claim. When you are trying to seek financial assistance from an insurance company, it is a good idea to hire an attorney to help you through the process.

Some Common Ways Insurance Companies Try To Avoid Paying Claims

A lot of the times, an insurance company will tell you not to hire an attorney. They know that the attorney will try to get as much money as possible for their clients. By telling you not to hire an attorney, they know that dealing with you directly will likely result in you just taking whatever they offer for compensation. Additionally, they may give you the run around for months. They’ll tell you that they’re in the process of reviewing your claim, effectively running the clock on your claim until the statute of limitations has passed. Once it has passed, they will deny your claim and you will have lost the ability to sue for the compensation you are entitled to. This is why it is important to hire an attorney from the get-go.

Additionally, insurers know that the average Joe likely does not know what their policy covers vs. what it does not. They know that you probably haven’t read up on what it covers, either, and thus will tell you that your policy doesn’t cover what you are seeking compensation for (injuries, bills, damages, etc.), relying on hopes that you won’t press the issue further and take what they say at face value. Make sure to always review your insurance policy, and understand what your coverage is. If you remain confused, seek the help of an attorney.

If it does get to the point where they offer you money for your claim, they will likely lowball you with an offer much lower than what you are entitled to. The figure they give could seem like a lot, but its unlikely to be what you fully need for your claim. They get away with this knowing that a lot of those who make claims aren’t informed on what their policy actually covers, as stated previously in the above paragraph. They know you need the money, and will count on their hopes that you’ll just take whatever they’ve offered because of that fact.

Another questionable way insurers will attempt to get out of paying on your claim is by tricking you into signing forms that could void your ability to get compensation, or inhibit your ability to get compensation. These forms may have fine print on them that if you sign, you could be unknowingly waiving your rights to any recovery or unknowingly admitting fault for a crash. This is another majorly important reason to hire a lawyer. Never sign any forms given to you by an insurance company after an accident without having an attorney review them with you. You may severely damage your ability to get compensated for your damages.

Suppose you are able to make a claim for an accident in Michigan regarding no-fault PIP benefits, with your insurer. They may then allege that you’ve misrepresented something when you applied for insurance, or misrepresented something involving the drivers in your household, or something about the vehicles listed on your policy. Increasingly this is being seen in Michigan, where insurance companies will say there was a material misrepresentation by their insured, and then argue that this constitutes fraud.

By alleging fraud, they will argue they do not have a responsibility to pay out any benefits. Worst of all, when they’ve alleged the material misrepresentation and fraud, they may void your entire insurance policy based on their assertions. When they’ve done this, they’ve effectively rescinded your entire policy, making it as if your policy never existed at all, and using that fact to declare they have no responsibility to pay your claim.

Insurance policies are contracts, and frustratingly, insurance companies have increasingly been able to get out of paying benefits since courts must follow the language of contracts. This means that if you’ve simply forgotten to include one piece of basic info on your car insurance, the company can get out of paying. In this situation it is imperative you hire an attorney and provide them with all insurance documentation, correspondence, e-mails, etc., so they can assist you in fighting the allegations made by your insurance company.

How To Deal With An Insurance Company After An Accident Claim

1. Limit your interactions with the insurance company. Assume every call, e-mail, etc. is recorded and used when deciding your claim.
2. Similar to the above, do not chat with the insurance adjuster. Their job is to find ways to avoid paying claims, not matter how friendly they may seem.
3. Do not sign any forms or releases given to you by the company, without consulting an attorney first.
4. Do not accept an initial settlement offer from the company, especially without knowing the full extent of your damages.
5. Do not agree to give recorded statements without an attorney.

You should expect to be treated fairly by your insurance company, but oftentimes this is not the case. The insurance company will absolutely be looking for ways to limit the amount of money they pay out for your claim if not denying it outright. It’s important to retain an attorney once you’ve been in an accident, so you can successfully navigate the process of having your damages covered, with ease.

 

Have you been in an accident and are now dealing with shifty practices by your insurance company?

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MichiganLawsuit.com, P.C. Can Help You With Your Lawsuit Needs

Are you searching for an attorney? Have you been injured in a car accident, or are seeking help with a denied disability claim? Maybe you’ve experienced an injury at work, or perhaps you’ve suffered from legal malpractice. Regardless, our skilled office can help you, and will investigate your lawsuit for you without a fee unless you receive money.

We specialize in representing clients who have suffered serious injuries or losses caused by negligence, accidents, or mistreatment by others. Our office will investigate how and why the injury happened, gather evidence, question relevant witnesses, build your case with expertise while keeping you informed with each step.

Our office will do everything to maximize your money damages award, between retaining expert witnesses, contacting doctors, or employers or obtaining records to build your case. We are thorough in building your case, obtaining driving records of at-fault drivers, accident scene evidence, witness statements, building records of dangerous properties, and more.

Do you live outside of the Metro Detroit area? Fear not, attorney Ross M. Gilders provides excellent legal representation anywhere in the State of Michigan, whether you’re in Grand Rapids, Traverse City, Flint, or even the upper peninsula. He will advocate for you and fight for you to maximize the value of your lawsuit.

 

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Deadlines: How Long You Have To Sue After An Injury In Michigan

If you are injured in Michigan and want to sue, it’s important to understand the deadlines involved. Your claim is governed by statutes of limitations in Michigan – which is a set timeframe within which you can still file a lawsuit. If you miss this deadline to sue, your case would be lost forever. Typically, this statue of limitations “clock” begins running on the date which you were injured. In some cases, such as not discovering your injury until some time after the accident, the “clock” does not begin to run until the discovery date of the injury. In Michigan, the typical amount of time you get with these statutes of limitations is three years.

Although this may seem pretty straightforward, there are always exceptions, which can make things rather complex. For example, if your injury claim is against a state government agency, you get six months to file a formal claim. If this formal claim is denied, or ignored, you then get two years to file suit. In the case of a defective highway or public building, you get 120 days (which is only about four months) to file a formal claim. As one can see, this can significantly complicate things. That’s why it’s important to retain an attorney as soon as possible after you’re injured.

We outline some different types of cases and their statutes of limitations below.

Car Accident Injuries

If you are injured in a motor vehicle accident, you will have three years from the date of the accident to recover damages related to your injury, pain, and suffering. If someone is killed in an accident, family members may file wrongful death lawsuit. However, when it comes to personal injury protection (PIP) claims, the statute of limitations is different. No-Fault benefits may not be requested if more than a year has passed since the date of the accident unless the insurer has previously paid PIP benefits to you for the injury, or was provided a written notice of the injury within that year time frame. However, it is best to consult with an attorney if you have this type of case.

Personal Injury Occuring On A Rental Property

If you are injured due to a landlord’s negligence resulting from not keeping their property in a state of reasonable repair, you have three years from the date of your injury to sue the landlord. In this case, you must prove that the landlord did not maintain safe living conditions, and you suffered an injury due to their negligence. Common examples of disrepair in these cases include defective stairs, handrails, decks, failure to remove ice/snow from walkways or stairs, ceiling collapse, etc.

Slip-and-Fall Injury

Similar to the above incidence, if you suffer an injury from a slip-and-fall accident you have three years from the date of loss to hold a property owner responsible and file a lawsuit. You have to prove that your accident was the result of the owner’s negligence. The other side may argue that you are responsible for your fall (for example, stating the condition of the property should have been obvious), in which case Michigan’s comparative fault rules may determine the amount of compensation you may receive. We explain comparative negligence later in this article.

Medical Malpractice

If you are injured due to the negligence of a medical professional, you may have a medical malpractice claim. You must file suit within two years of the medical professional’s action or inaction that gave rise to the claim. This can also become complex: if the harm is discovered more than two years after the date of the harm, the lawsuit must be filed within six months of discovery or when it reasonably should have been discovered. When handling such a case, it’s important to consult with a lawyer as soon as possible to get the help you need.

Comparative Negligence: What It Means For Your Case

When you file a lawsuit against a company or person to hold them responsible for your injuries, they may try to claim that you are completely to blame for your accident, or partially responsible for your accident. This may make it difficult for you to recover damages from the other at-fault party, or possibly none at all. In Michigan, when someone is injured in an accident and is found to be partly at fault, a modified comparative fault rule is used to resolve the case. Under this modified comparative fault rule, if you are partially responsible for the accident, damages may be reduced. If you are 50% or more at fault, damages are eliminated altogether.

What Do I Do if I’ve Been Injured?

The best thing to do after you’ve been injured is to contact an attorney as soon as possible. This will alleviate some of the stress around statutes of limitations, giving you ample time to discuss your claim with an attorney and file a lawsuit. It’s also important to refrain from speaking with any of the representatives for the interests of the person or party responsible for your accident/injury when considering filing a lawsuit. If you have questions regarding a potential injury-related lawsuit, we may be able to assist you – give us a call.

 

 

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Motorcycles: Accidents, Safety, and Insurance

Sunny weather and warmer temperatures have begun, with spring upon us in Michigan. It also means there will be more people out and about, including motorcyclists. Riding on the open road can be an exhilarating experience, but it’s important to know the risks and ways to stay safe if you’re planning on heading out on your motorcycle.

Michigan Motorcycling: Statistics

In Michigan, motorcyclist fatalities have been increasing steadily for nearly three decades, going from just 31 fatalities in 1992 to 130 in 2020, despite motorcycle registration remaining steady over the last 10 years. Motorcycles are around 3% of all registered vehicles but account for 14% of all traffic fatalities. 28% of those who were in fatal motorcycle accidents were under the influence of alcohol.

This does not even account for the thousands of people injured in motorcycle accidents. Reduce your risks by knowing how to protect yourself out on the road.

What are the ways that I can stay safe?

Practice makes perfect – get a feel for how your motorcycle moves in a controlled environment before going out into traffic. Riding safe means you need to have good balance, judgment, and coordination. Make sure you know how to use all of your equipment on your motorcycle. Be properly licensed.

Check that your motorcycle has proper signal indicators, that your cargo is secured and balanced, that you have proper tire pressure and tread depth, and that your brakes are in working order. Make sure there are no oil or gas leaks, and that your lights are functioning.

Don’t skip the helmet – protect your head with an approved safety helmet to prevent life-threatening injuries in the event you do get into an accident. A motorcycle rider without a helmet is five times more likely to suffer a critical head injury. Protect your body with clothing made to be heavier, such as leather or denim. Wear gloves for better grip, and protect your ankles with boots. These kinds of clothing can protect you in the event you skid across the road.

Be sure to obey all traffic laws, do not take risks, or show off. Ride defensively and be vigilant about the vehicles around you – the majority of motorcyclist accidents occur because other drivers cannot see you. Practice common sense, don’t take drugs or drink alcohol before riding, make sure you are alert and sober.

What about insurance? How can I make sure I am covered?

Motorcycle insurance is different from regular vehicle insurance, and can be confusing. However, there are several options for insurance policies on motorcycles. We’ve outlined them for you here:

• Liability Insurance:
  • This type of insurance is required under Michigan law;
  • Covers you in the event you cause an accident;
  • Offers coverage for third-party injuries, death, and property damage.
• Collision Coverage:
  • Covers you if you are in a crash with another vehicle;
  • Insurance will cover the claim for damage done to your motorcycle;
  • You may have to meet a deductible.
• Comprehensive:
  • This is for any accidents that occur not caused by a collision with another vehicle;
  • Protects you in the event your motorcycle is damaged by vandalism, fire, etc.;
  • May pay for the replacement of a motorcycle if it is stolen or a total loss.
• Uninsured(UM)/Underinsured(UIM) Motorist Coverage:
  • Uninsured motorist offers coverage for injuries caused by drivers without insurance;
  • Uninsured motorist also offers coverage in the event the other driver’s insurance company denies them coverage or they’ve committed a hit-and-run;
  • Underinsured motorist offers coverage when the other driver has insurance, but does not have a policy that can cover the entirety of what you require for your injuries.

When considering purchasing options for your motorcycle insurance, it is important to make smart decisions that can protect you in the event you are injured in a crash. For example, there are some areas of Michigan where up to 50% of the drivers on the road do not carry insurance even though they are supposed to. This is where including uninsured/underinsured coverage on your policy on top of the required liability insurance could very well save you from a world of hurt. Additionally, uninsured/underinsured options typically are very inexpensive, only amounting to a few dollars more per payment for peace of mind that you’ll be covered if you’re injured by someone without insurance/enough insurance.

If you are injured in a motorcycle crash by someone who does not have insurance, you may not be able to receive compensation for your injuries. With the UM coverage, if you are injured in a motorcycle crash where the person who is at fault does not have insurance, your own insurance company will compensate you for pain and suffering, and sometimes lost wages or medical bills. Similarly, with the UIM coverage, if the at-fault driver does not have enough insurance to cover your injuries, your insurance company would be able to cover the rest of the compensation you require to cover your damages.

Riding a motorcycle can be a thrilling, fun experience and way to enjoy the upcoming warm weather in Michigan. Make sure you are safe, informed, and covered for smooth sailing.

 

 

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PIP Coverage in Michigan: How Much Do I Need?

It has become common knowledge that the Michigan no-fault law has changed, as we near the year mark of the new laws taking effect. These laws made it so Michigan drivers could have a choice in their level of PIP coverage, up to six different options. Even though this change took effect almost a year ago, it is common to find yourself feeling confused when reviewing your options, especially if you have not had to renew your policy yet.

Before these changes took effect, it was easy, because all Michigan policies had unlimited PIP coverage, meaning if you had been injured in a crash, the insurance would be responsible for paying all medical bills, and there was no limitation on the coverage. This allowed for lifetime medical benefits for treatment related to your care and recovery. Beginning July of 2020, insurance companies were then allowed to offer different tiers of PIP coverage, with the intent of lowering the cost of car insurance in the state.

We’ve outlined the options for you, so you can make an informed choice:

Unlimited PIP Coverage, $500,000 Coverage, and $250,000 Coverage.

Unlimited PIP coverage is what everyone with car insurance in Michigan had previous to the new laws. Policyholders, and any relatives who reside with them, are covered for unlimited allowable expenses for any care, recovery, and rehabilitation costs related to an auto accident under this type of coverage. It will cover services such as attendant care, case management, and rehabilitation, which oftentimes are not covered under someone’s health insurance. Additionally, PIP carriers cannot assert a lien on any negligence settlement, like health insurance companies can.

$500,000 coverage and $250,000 coverage are similar, but as their options suggest, not unlimited.

Medicaid – $50,000

If a policyholder qualifies, this allows them to purchase only $50,000 of PIP coverage. In order for the policyholder to qualify, they must be enrolled in Medicaid, and any resident relatives or spouse must also have Medicaid, PIP coverage through a different policy, or any other qualified health coverage. Eligibility requirements for this type of PIP coverage are stringent, and remember, Medicaid does not cover any treatment related to a crash.

Medicare Opt-Out

If the policyholder is covered under Medicare Part A and Part B, and any resident relatives or spouse have qualified health coverage or coverage under a separate auto insurance policy, they may opt-out of PIP coverage entirely. This means they would have to rely on Medicare to pay any auto accident expenses. It is important to note that Medicare may not cover accident treatment automatically and does not cover all of the services you may require during your treatment and recovery. This option, similar to the Medicaid option, can be risky. Additionally, if you file a lawsuit, Medicare will place a lien on any recovery.

$250,000 PIP Opt-Out

This option is for drivers who have qualified health coverage (non-Medicare) that covers motor vehicle accidents, and is also available if your resident relatives/spouse have qualified health coverage as well. Qualified health coverage is where your accident/health coverage does not exclude or limit coverages for injuries related to an accident, and has a deductible of $6,000 or less. Basically, you have to have health insurance that will cover any treatment, recovery, and rehabilitation costs related to a motor vehicle accident, with no exclusions/limitations. However, this option will not be available to most people, because most health insurance plans do have exclusions/limitations on what they pay for injuries related to a motor vehicle accident. You cannot opt-out of PIP coverage without health insurance that will cover those injuries. It is also important to note, just like Medicare and Medicaid, if you do select this option, the health insurance company can (and will) place a lien on anything you may recover in a lawsuit.

So what kind of coverage should I choose?

It is important to consider the risks vs. the benefits of selecting a less expensive auto insurance policy. More often than not, the risk outweighs the benefits, and the least expensive policy could severely affect your ability to recover medical expenses after an auto accident. Of course, the best policy to select would be the unlimited coverage option, so the PIP carrier auto insurance will pay for the expenses related to your care. In general, you should at least select the $250,000 coverage option (note: not to be confused with the $250,000 opt-out coverage), so that way, you can at least have some of your medical expenses related to your care covered. The other options may be cheaper, but they are riskier, and could result in a larger headache for you during a time where stress is already running high.

If you’ve been injured in an auto accident and need help, give us a call, we can help. 1-855-LAW-MICH.

Social Security Disability: How A Lawyer Can Help You

Applying for Social Security Disability can be a frustrating task. This is especially true for Michigan, ranked in the top 10 states for having the most residents waiting for an answer on their SSD whether it be approval or denial, and then subsequently waiting for an appeal if denied. Having a lawyer can help you get through this process much smoother since they understand the ins-and-outs of applying for benefits.

They can help you gather and organize all of your information that you need for your application, including your medical records, income, and work history. They also will help you in understanding your eligibility and give you a better chance of maximizing the benefits you may receive. They will minimize the potential for errors on your application, which otherwise could delay your benefits or result in a denial. With this assistance, it may help you receive your benefits sooner due to the process being streamlined by your lawyer.

At MichiganLawsuit.com, we can assist you with your Social Security Disability process, and support you if you need help with appealing a denial. Give us a call at 1-855-LAW-MICH to get started.

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What If I Was A Passenger In A Car Crash?

In 2019, there were 630,665 occupants of vehicles involved in crashes across Michigan, up 0.7% from the previous year. This includes not only drivers, but passengers as well. If you are injured in a car accident where you are not the driver, it can be confusing to figure out which insurance company is responsible for paying benefits. At a time where stress is running high, our skilled office can help you navigate the issues presented by being injured as a passenger in a Michigan car crash.

Different types of crashes can affect how you may be able to recover lost wages or medical expenses, among other damages. If you were a passenger in a single-vehicle crash, for example, you may be able to hold the driver responsible, depending on the situation. If you were a passenger in a vehicle crash involving another driver, you may be covered under personal injury protection (PIP) through Michigan’s “no-fault” system. In other situations where you may have been injured, such as bus, Uber/Lyft, an employer-provided vehicle, there may be some exceptions that apply, and it is best to consult with someone regarding making a claim.

We at MichiganLawsuit.com understand that figuring out how to proceed in these situations can be daunting, especially after suffering from injuries due to a crash. Give us a call, we can help.

 

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In A Car Accident And Not Sure What To Do? We Can Help.

Getting into an auto accident can be a harrowing experience, between vehicle damage, repair expenses, and medical expenses. Luckily, there are many resources available to help you in your time of need. The first step in attacking this issue head-on is contacting an attorney who can help you navigate the stressors of dealing with auto accidents. That is where we come in; we can help. Give us a call today at 855-LAW-MICH.

 

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Do you need assistance with a potential lawsuit?

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There is a new Michigan No-Fault law, effective today, July 1, 2020. This is bringing a few changes, such as:

• Being able to pick different medical coverage under the PIP (personal injury protection) part of an auto insurance policy,
• An increase in the amount of money you may be sued for under mini-tort coverage,
• Insurance companies no longer being able to use non-auto-related factors to set your rates, for example, your credit score will no longer apply,
• And a few other changes, as well.

We at MichiganLawsuit.com, P.C. want to see you make informed decisions about your car insurance and recommend that you continue to choose the unlimited No-Fault Personal Injury Protection (PIP) option on your policy. This is extremely important; No-Fault benefits are what helps you stay covered for your lifetime in the event you are seriously injured in a catastrophic car accident.

Keep yourself, and your family safe – knowing you can still have access to lifetime benefits, and choose unlimited PIP coverage on your car insurance. A few extra dollars per month is all it requires, and then you can rest easy knowing in the event of a catastrophic accident – you are covered.

Do you need assistance with a potential lawsuit?

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