Auto Accident Attorney Rochester Michigan
Auto Accident Attorney

Auto Accident Attorney Rochester Michigan

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Auto Negligence Attorney Rochester Hills

Michigan No-Fault Auto Negligence Defenses

In Michigan, a third-party motor vehicle negligence lawsuit, unlike other negligence claims, requires the plaintiff to show that his or her injury is severe enough to justify the filing of a lawsuit to recover noneconomic damages. No-fault immunity bars the plaintiff from recovering any noneconomic losses (such as pain and suffering or mental anguish) unless the injured party crosses the no-fault threshold set forth in MCL 500.3135 by establishing that he or she has suffered (1) death, (2) permanent serious disfigurement, or (3) serious impairment of a body function.

Severe Impairment of a Body Function Defense

The requirement that a plaintiff establish a serious impairment of a body function has been litigated for decades. But in the landmark case of McCormick v Carrier, 487 Mich 180, 795 NW2d 517 (2010), the Supreme Court of Michigan noted that on its face MCL 500.3145 sets forth three prongs that are necessary to establish a serious impairment of body function: (1) an objectively manifested impairment (2) of an important body function that (3) affects the person’s general ability to lead his or her normal life. In 2012, Michigan codified McCormick in MCL 500.3135(7).

The significance of all of this is that it is now more difficult than ever to satisfy the serious impairment of a body function. However, this analysis is inherently fact-specific and must be conducted on a case-by-case basis.

The attorneys at MacArthur, MacArthur & Associates, P.C. have been defending No-Fault negligence cases for more than 30 years. We will obtain the relevant facts, analyze the medical evidence, and provide you with a solid analysis of your crucial threshold defenses.

Scope of the No-Fault Act and Owner Liability

In order for a claim to fall within the scope of the No-Fault Insurance Act and your No-Fault policy, the defendant’s conduct must arise from the ownership, use, operation, or maintenance of a motor vehicle. As a consequence, issues often surface about an owner’s liability, leased and rented vehicles, permissive drivers, and whether a liability arises out of the use, operation and maintenance of a motor vehicle. The statutory language governing these issues has been the subject of much litigation. At MacArthur, MacArthur & Associates, P.C., our lawyers will frame these issues for you, recommend an efficient investigation designed gather the relevant facts, and give you the answers you need.

No-Fault Exclusions

Even if the defendant’s conduct arises out of the use of a motor vehicle, the particular act giving rise to the injury, the status of the vehicle, or the status of the driver may exclude an insured from no-fault tort immunities. It is important to know whether your insured will be protected by the immunities set forth in the No-Fault Act. At MacArthur, MacArthur & Associates, P.C., we’ve got the expertise to investigate and analyze these important issues for you.

Traditional No-Fault Defenses

Beyond all these issues, the Michigan auto negligence claim involves the traditional issues of common law and statutory duties and breach of those duties, causation, noneconomic losses, limited economic losses, and loss of consortium damages. The attorneys at MacArthur, MacArthur & Associates, P.C. have been defending traditional No-Fault auto negligence cases for more than three decades. We will conduct a thorough investigation to develop liability defenses, analyze the medical evidence to establish medical causation defenses, and uncover the facts that will mitigate your exposure for damages.

Coverage Issues

Your policy language is important and, when an insured challenges your insurance-contract-based denial, it is imperative to know whether your policy language will stand up to a court’s scrutiny. The Michigan courts have interpreted many No-Fault Automobile contract provisions which will serve as guidance as you make your decision as to how you will defend your policy language. The attorneys at MacArthur, MacArthur & Associates, P.C. will review your policy language, summarize the relevant case law for you, and provide you solid advice for defending your insurance contract.

We’re the Right Choice for You

Contact the lawyers at MacArthur, MacArthur & Associates, P.C. today to get the solid advice you need to investigate, analyze, and defend your Michigan No-Fault Negligence claim.

Auto Negligence Attorney Rochester Hills

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