The Timeline of an Auto Accident Claim in Michigan

Statute of Limitations

Being aware of the deadlines associated with filing car accident claims is crucial. First, a claim can be made to recover certain benefits under Michigan law without regard to “fault.” These claims are commonly referred to as “no-fault” or Personal Injury Protection (PIP) benefits. Under Michigan law, auto accident victims may claim PIP benefits for medical expenses, wage loss, and attendant or household replacement services. However, these claims must be filed within one year of the car crash date. Depending on the circumstances of your accident, a PIP claim may be brought against your own auto insurance company, or another auto insurance company designated by law, i.e., a resident relative or the Michigan Assigned Claims Plan (“MACP”). 

The deadline is extended to three years to recover Third Party Bodily Injury (BI) damages for pain, suffering, and excess economic losses. Missing these deadlines could result in losing out on the benefits and compensation you are entitled to. Therefore, acting promptly and seeking legal guidance is essential to meet these crucial filing deadlines.

Consulting With a Moss & Colella Attorney

Once you hire a reputable Michigan car accident attorney, we'll get to work! At our firm, we’ll verify insurance coverage and start by sending representation letters to all parties involved to ensure that we receive and can handle all relevant paperwork—and you don’t have to deal with any unwanted correspondence while you are trying to recover from an automobile collision. Then, we’ll help you collect evidence, determine a compelling argument for your case, develop a settlement figure, and work towards maximum compensation.

Investigating and Filing the Claim

Once we have informed the insurance carrier(s) about the accident, they will appoint a claims adjuster to handle your case. This adjuster's role involves delving deeper into the incident by posing additional questions concerning the injuries sustained and losses incurred. They will also seek to understand the specifics surrounding the accident. This investigative phase may entail reaching out to witnesses present at the scene and requesting access to medical records to ascertain the origin of your injuries, whether they are a direct result of the accident or a different occurrence. This meticulous process ensures that your claim is assessed accurately and fairly.

Discovery

In an Auto Accident case, once the pre-lawsuit procedures have been satisfied, litigation begins, and the parties engage in the discovery process. This crucial procedure involves investigating the adversary's legal claims and defenses. Each party sends interrogatories, legal questions, and document requests to each other. It also conducts depositions of relevant parties and witnesses, typically starting with the plaintiff and defendant.

Depending on court deadlines, the discovery phase can extend over a year or more and may necessitate parties seeking the judge's intervention. It's common for one or both parties to be dissatisfied with the responses to interrogatories and document requests, leading to a motion to compel further responses. The judge then evaluates each side's arguments and decides, a process that can be repeated multiple times throughout the lawsuit.

Negotiation and Mediation

In this process, the lawyers will discuss whether to settle the case. This involves the lawyers engaging in conversations to reach an agreement amongst themselves. Should a settlement not be achieved through these discussions, the next step will include mediation in the presence of a neutral mediator, who will assist in facilitating a resolution.

Trial

Negotiation and mediation often work to settle a case. However, if the two sides cannot agree, the case moves to trial. An essential factor to remember in the trial process is that even though a lawsuit is scheduled for trial, this does not mean the trial date is imminent. Often, trials will be rescheduled because of the court's delay in the case process. It is important that you remain available for your attorney to contact you through each step of your case so we can communicate important matters with you.