• A motorcycle IS a vehicle with all rights and privileges of any other motor vehicle.

• Be sure to give a motorcycle the full lane width.

• Always scan the road for motorcycles by checking your mirrors and blind spots when at intersections, making turns, and before switching lanes.

• Make it a habit to always use your turn signal to alert others on the road of your intentions.

• A flashing signal on a motorcycle could be the motorcyclist’s way of signaling a turn OR it may be a feature of the bike. Flashing headlights are becoming more common to make the bike more visible to other motorists on the road. So always use caution and wait to see if the motorcyclist intends to turn at the intersection or not.

• Never tailgate a motorcycle (or anyone for that matter!) Give them room to maneuver.

• Try your best not to become distracted while driving. This is important for you and everyone else on the road. (Remember last month was Distracted Driving Awareness Month!)

(Motorists: Watch for, recognize motorcycles,

http://newstrib.com/main.asp?SectionID=2&SubSectionID=29&ArticleID=19069).

These were just a few tips to remind you of how to look for and proceed around motorcycles provided by the Illinois Department of Transportation. Safe driving!
 
 

http://www.motorcyclelawyermichigan.com/88.html
 

We all know that distracted driving has become common place, but did you know how damaging it can really be? Here are some alarming statistics that illustrate the outcomes:

• Text messaging while driving makes you 23 times more likely to be involved in a crash.
• Sending or receiving text will keep your eyes off the road for about 4.6 seconds. In that amount of time traveling at 55mph you will have traveled the length of a football.
• Using your cell phone while driving reduces the amount of brain activity needed to drive by 37%.
• Reports from 2009 show that 5,474 people were killed in car accidents that involved a distracted driver and about 448,000 people were injured.

(Official US Government Website for Distracted Driving,

http://www.distraction.gov/content/get-the-facts/facts-and-statistics.html).
 

Distracted driving has become such an issue that 37 states, the District of Columbia and Guam have banned texting all together. Some have a primary law, which means the driver can be ticketed for distracted driving alone, no other violation is required, while other states have a secondary law, where the driver must first commit another  violation in addition to the distracted driving. To find out the law in your state visit

http://www.distraction.gov/content/get-the-facts/state-laws.html#Michigan.
 

The purpose of the NYAIP is to insurance drivers who have no other insurance company to turn to as they have been denied coverage during auto insurance comparisons, and have been determined has having too many tickets or accidents. Those who used NYAIP already pay a higher rate when compared to others; however it is going to increase starting in June, up 21.4 percent. The last increase for this state-run program coverage was a year ago, having increased by 15 percent, (New York Raising Insurance Rates for High-Risk Drivers, Ben Zitney, Online Auto Insurance,

http://news.onlineautoinsurance.com/rates/new-york-high-risk-car-insurance-rates-96768).

This means that the average premium will now be $2,283 increasing on average by $403 a driver.

The reason for the increase is due to looking at the losses during the years of 2007-2009. However, fewer and fewer drivers are enrolled in the program as there has been a 50 percent drop of policy holders from 2006 to the present.

The motor home passengers consisted of an extend family and friends on their way home from their annual Texas motor cross vacation when the vehicle went through a guardrail on Interstate 33 plummeting into a ravine,  (NTSB Looking Into Kan. RV Crash  That Killed 5, Maria Sudekum, http://abcnews.go.com/US/wireStory/ntsb-kan-rv-crash-killed-16065390).

The five that were killed in the accident were Tom Kerber, 25, and Melissa Kerber, 24 from New Prague Minnesota, Jessica Kerber, 10, Joy Kerber, 14, and James Kerber, 12, all from Jordan Minnesota. Among the thirteen injured was the 17-year old driver Adam Kerber, (Driver in Kansas crash that killed 5 Minnesotans held restricted license, Margaret Stafford, Associate Press, http://www.grandforksherald.com/event/article/id/233603/group/homepage/).

The details of the crash are being reviewed by the National Transportation Safety Board, which will include looking into laws that would have allowed a 17-year old to be the operator of a 57,000 lb motor home, (NTSB Looking Into Kan. RV Crash That Killed 5, Maria Sudekum).
 

The purpose of this non-profit association founded in 1978 is to reimburse auto insurers for personal injury protection (PIP) benefits after exceeding $500,000 per claim. The MCCA evaluates auto insurance companies a premium in order to cover lifetime claims in catastrophic injury cases. These premiums are paid for by policy holders, (No-fault auto insurance rates to rise again so Michigan can cover catastrophic accident claims, Melissa Anders, mlive.com,

http://www.mlive.com/business/index.ssf/2012/03/michigan_no-fault_rate_increas.html).

The MCCA increase is a political move so believes the Coalition Protection Auto No-Fault. They believe the MCCA is looking to put pressure on lawmakers in an effort to change the current no-fault system in Michigan. The CPAN explains that the medical costs acquired by injured parties would still need to be covered, and therefore would wind up to taxpayers via government programs like Medicare and Medicaid.

The Executive Director of MCCA Gloria Freeland stated on CPAN’s comment that the increase is due to the rising costs as premiums are reviewed every year and have fluctuated due to existing as well as expected liabilities. Freeland also points out the numbers, last year the MCCA paid $927 million in catastrophic injury claims, and more than 28,000 claims were filed since 1979 totaling up to $85 billion. The reason for the high cost is that most claims are for those with brain or spinal cord related injuries which have resulted in permanent damages/disabilities, (No-fault auto insurance rates to rise again so Michigan can cover catastrophic accident claims, Melissa Anders, mlive.com).

Governor Rick Scott believes the reform is needed because “increases in staged accidents, fraudulent claims and litigation have caused premiums to skyrocket,” (Tampa Bay Times, Tia Mitchell, After tense debate, PIP reform passes Florida Legislature,

http://www.tampabay.com/news/business/autos/after-tense-debate-pip-reform-passes-florida-legislature/1219334).

The next step is for the legislation to be passed to the desk of the Governor’s desk.
The main changes that Governor Scott will be looking over are:

• Allotting 14 days for an injury party in an auto accident to seek medical attention.
• PIP (Personal Injury Protection) will cover a chiropractor, but not message therapists or acupuncturists.
• Attorney fee caps will be removed.
• Ban multipliers by judges that are used to increase fees awarded in complex cases.
• Permit insurance companies to examine consumers under oath when investigating potential fraud.

Florida will commission a study of the new PIP law to calculate how much policyholders will actually save in the long run. Once the study is completed and conclusions drawn, insurance companies will need to adjust their rates in order to meet specific thresholds in the following months, (Tampa Bay Times, Tia Mitchell, After tense debate, PIP reform passes Florida Legislature).

One concern insurers have is that PIP already exceeds premiums which could make it difficult to add up to any savings.

Overall though, insurance companies have embraced the change, waiting to see what comes of it. “There is enough in the bill to improve the no-fault law that we think we should try it,” said Michael Carlson, executive director of an organization that represents State Farm, Allstate and Progressive, (Tampa Bay Times, Tia Mitchell, After tense debate, PIP reform passes Florida Legislature).
 

DOs

DO check the medical condition of you, your passenger/s and others involved in the collision.

DO call the police and medical personnel if necessary.

DO cooperate with law enforcement and medical personnel.

DO obtain the license plate numbers of all other vehicles involved in car accidents and the drivers' names, addresses, telephone numbers, and insurance information.

DO write down the names, addresses, and phone numbers of all witnesses to the accident.

DO contact your insurance company.

DO take photographs of all of the following as soon as possible after the accident:
• The scene of the accident, from all angles.
• The surrounding area.
• The product or animal that caused your injuries.
• Your injuries.
• Any property damage.

DO contact your attorney.

DON'Ts

DON'T move your vehicle after an automobile accident unless necessary for safety or required by law.

DON'T put yourself further into harm’s way by standing or waiting in an area of traffic.

DON'T leave the scene of an accident until law enforcement gives permission to do so.

DON'T throw away any potential evidence in the case, such as defective products, or torn or blood-stained clothing.

DON'T engage in discussions as to fault with anyone, and make sure you don't apologize for anything-it can be considered evidence that you were legally at fault.

DON'T agree to settlement terms without contacting your attorney.

(Dos and Donts provided by: Hinkle, Jachimowicz, Pointer & Emanuel

http://injury.findlaw.com/personal-injury/personal-injury-law/dos-and-donts-of-personal-injury.html).

If you don’t own a digital camera keep a disposable one in your car, as well as a first aid kit, and orange traffic triangles to alert passing vehicles of the accident. Keep index cards handy to write down names, license plate numbers, address, and phone numbers of those involved in the accident. You may not be able to avoid an accident, but keeping this list handy could potentially keep you from further harm and legal issues.

The U.S. Supreme Court recently decided that law enforcement agencies are required to obtain a search warrant before using devices such as GPS to track a suspected criminal.

This came into light in the conviction of Antoine Jones of Washington, D.C. for cocaine trafficking, who was originally sentenced to a life in prison. However a unanimous decision to overturn the conviction was made because the police did not have a warrant in 2005 when they used a GPS device to detect his vehicle’s location. This brought to the table a new issue of when and how is it acceptable to use a GPS device when collecting evidence, (Supreme Court rules GPS tracking unconstitutional without a warrant; local agencies adjust, Brad Devereaux).

Police agencies seem to not be that concerned that this will put a halt or kink in their criminal investigations. As Defective Lt. Jeff Anthony who is the Section Commander of the Bay Area Narcotics Enforcement Team (BAYANET) sees it, "it’s another formality. We were thorough (before the law changed). We had the probable cause necessary during the initial investigation. The only difference is now it has to be approved by a judge," (Supreme Court rules GPS tracking unconstitutional without a warrant; local agencies adjust, Brad Devereaux,

http://www.mlive.com/news/saginaw/index.ssf/

2012/02/supreme_court_rules_gps_tracki.html).

Justice Samuel Alito among those who unanimously decided in favor of Jones thinks the public may have to form a different opinion on the matter as GPS tracking become prevalent in police investigations. These GPS locators "may provide increased convenience or security at the expense of privacy and many people may find the tradeoff worthwhile. And even if the public does not welcome the diminution of privacy that new technology entails, they may eventually reconcile themselves to this development inevitable," or in the end it may spring legislation into action against such intrusions, (Supreme Court rules GPS tracking unconstitutional without a warrant; local agencies adjust, Brad Devereaux).

As new technologies arise and are utilized in criminal investigations, we may see legislation taking action to protect rights, or set limitations and requirements when using these devices.

• Auto Escape Tool- if your car is submerged under water, this gadget has two steel ends, one with a tip to break a window and the other a sharp blade to slice through seatbelts. Typically these can be attached to your keychain or visor.
• Blanket-for hot seats in the summer and cold in the winter.
• Can-Opener-having canned food in an emergency without a can opener will frustrate you even more in an emergency situation.
• Cell Phone Charger-definitely get one that can be charged in your car in the car lighter.
• Cleaning items-wipes, tissues, trash bags-for car trash or if you or a passenger becomes car sick.
• Extra (hidden) Cash-do not touch unless you absolutely need it, for emergency gas or toll booth fee.
• Fire Extinguisher-in case of an engine fire.
• Liquid Latex-to seal holes in your tires!
• Match sticks-if you end up staying the night in your car and make a fire outside (again, emergency situation you just never know) to start a fire. WAY better than rubbing sticks together!
• Pen and Paper-if in an accident to write down the other driver’s insurance information or if you need to write down info from a 911 call.
• Snow Scraper-in the winter months you never know when a storm may hit. Make sure you can see out all your windows! May also think about having a shovel in case you get stuck in several feet of snow.
• Telephone Book-Google 411 into your phone.
• GPS system-or on your phone.
• Towel-helpful if oops! …someone spilled.
• Water-jug of water if you or your car over heat.
• Whistle-if for some reason you’re in a situation where you cannot be seen, at least you can be heard.

 (Auto Trader, What to keep in your car in case of emergency,

http://www.autotrader.com/research/article/advice-car-family-safety-tips/34822/what-to-keep-in-your-car-in-case-of-emergency.jsp)
 

May you accomplish those 2012 New Year’s resolutions you already have set, but add this emergency kit to your list, you’ll be glad you did!
 

This specific patent relates to producing a "driver safety score based on monitoring driving data," (Progressive Insurance Gets Fourth Pay-As-You-Drive Patent, Ben Zitney, Online Auto Insurance, http://news.onlineautoinsurance.com/companies/progressive-usage-based-car-insurance-patent-95973). President and CEO of Progressive, Glenn Renwick, says on the new patent that "for 15 years we have invested a great deal into the research, development, testing, and piloting of usage-based insurance programs and will continue to do so. It’s gratifying to know that the U.S. Patent (and Trademark, or USPTO) office recognizes the uniqueness of our system technologies."

Since this is the fourth patent on this program Progressive has been issued, it is obvious that the company has been aggressive with their action patent their technologies, even the phrase "pay as you drive" has been registered to Progressive. With such actions, other insurance companies have begun to jump on the bandwagon, as the Celent report states 55% of the top 20 property and casualty insurers in the U.S. now have such programs to offer to their policyholders. It is the "lower manufacturing cost and other factors that are making the program more cost-effective for companies," (Progressive Insurance Gets Fourth Pay-As-You-Drive Patent, Ben Zitney, Online Auto Insurance).

The Snapshot program consists of data collecting device that is inserted into the diagnostic port of a vehicle and then information is relayed to the company, such as how many miles are drive, and the driver’s safe habits such as braking and accelerating at a decent rate. This is why the program is so appealing to insurance companies; it allows insurers to obtain data that is more reliable than a driver’s mileage estimate or data available on policyholders that is public.

The program is being dubbed a "win-win" by experts because "the data allows coverage providers to calculate risk and price coverage more accurately, and discount car insurance is awarded to drivers who are shown to be safe behind the wheel," (Progressive Insurance Gets Fourth Pay-As-You-Drive Patent, Ben Zitney, Online Auto Insurance). This voluntary program definitely can benefit the consumers who chose to partake in it, as it can save a consumer up to 30% if device shows they are logging low mileage and operating safely when braking and accelerating.

The program allows participants to keep track of their progress, which is available after only one month of being in the program. After that first initial month a policyholder is eligible for savings depending on the data that was received. This device will remain installed until the end of the sixth month when the policy term ends, which at that time a renewal discount can potentially be offered. This program has gained popularity as it is now used by 250,000 Progressive consumers in 39 different states and the District of Columbia, (Progressive Insurance Gets Fourth Pay-As-You-Drive Patent, Ben Zitney, Online Auto Insurance).

There are risks that come with insuring a specific type of vehicle and so the insurance company uses data on claims payments in order to calculate that risk for certain makes and models. This is done once a year in order to keep the calculations as accurate as possible. Other factors that go into the calculation are on an individual basis such as the policyholder’s driving record, claims history, and location. This claim information will be used to "create separate indices that reflect the ricks of collision damage as well as damage and theft, with that information used to help determine premiums for collision and comprehensive coverages," (State Farm Insurance Updates Annual Vehicle Ratings, John Pirro, Online Auto Insurance News,

http://news.onlineautoinsurance.com/rates/state-farm-car-insurance-annual-ratings-95603).

State Farm also totals the claims which included injury to the drivers of the insured vehicle. Certain makes and models could potentially be eligible for a discount on their car insurance. The amounts paid out due to damages to other vehicles in a collision and their passengers’ injuries were also calculated in order to help set up premiums for liability coverages, (State Farm Insurance Updates Annual Vehicle Ratings, John Pirro, Online Auto Insurance News).

The difference policyholders will see in their premiums next month? Well State Farm spokesman Dick Luedke says "it may go down a little, it may go up a little based on what the claims data shows. But we’re talking a very small amount," (State Farm Insurance Updates Annual Vehicle Ratings, John Pirro, Online Auto Insurance News). State Farm wants this vehicle ratings system to service as a guide for consumers when shopping for new vehicles.

Allstate issued their Roadwatch, which was conducted by students throughout the state of California. The students monitored on October 11, for a one hour time period, 62 different intersections near high schools and reported back with any incidences of distracted driving. The results; Allstate noted that the "distractions during this learning-focused Allstate Roadwatch ranged from the ordinary-cell phone use as either texting or not using a hands-free device-to the extraordinary-kissing, writing and feeding children who were riding in the car," (Distracted Driving Out of Control-Allstate Research Finds More Than 100 Examples in An Hour, American Motorcyclist, December Issue 2011, Pg. 16.). Those who monitored the intersections for distracted drivers reported 6,700 incidents of distracted driving, which averages out to be more than 100 cases of distracted driving during the one hour time period. The absolute top distractions were; "eating or drinking, using a cell phone without a hands-free-device, texting or reading a cell phone, and personal grooming," (Distracted Driving Out of Control-Allstate Research Finds More Than 100 Examples in An Hour, American Motorcyclist, December Issue 2011).

The AMA (American Motorcycle Association) is taking a stand as the Board of Directors is officially adopting a position in the matter of distracted driving in hopes to tackle the issue at a government level. Distracted driving has always had attention in the biker community, as there have been "far too many cases documented of motorcyclists being injured or killed as the results of other vehicle operators being distracted or inattentive," says Imre Szauter, AMA Government Affair Manager. When it boils down, it’s not just motorcyclists that are in harm’s way, but everyone from "pedestrians, bicyclists, roadside assistance and emergency medical personnel, highway construction workers, law enforcement personnel, and so on," (Distracted and Inattentive Vehicle Operation, American Motorcyclist,

http://www.americanmotorcyclist.com/Rights/

PositionStatements/DistractedAndInattentiveVehicleOperation.aspx).

According to a research report released by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), "driver inattention is the leading factor in most crashes and near-crashes, with nearly 80 percent of crashes and 65 percent of near-crashes having some kind of involvement of driver inattention occurring within the three seconds before the event," (Distracted and Inattentive Vehicle Operation, American Motorcyclist,http://www.americanmotorcyclist.com/Rights/

PositionStatements/DistractedAndInattentiveVehicleOperation.aspx).

With reports like that it is no wonder that states have begun to enforce bills that penalize distracted driving. The AMA is working in their new position on the issue to fight for stronger penalties against distracted drivers in the result of an accident such as "enhanced fines, operator’s license suspension, points assessed on an operator’s record, community service, and imprisonment," (Distracted and Inattentive Vehicle Operation, AmericanMotorcyclist,

http://www.americanmotorcyclist.com/Rights/

PositionStatements/DistractedAndInattentiveVehicleOperation.aspx).

How you can have an effect on the issue now; don’t become a distracted driver yourself and be aware of drivers around you who are distracted. Unfortunately there is not much you can do about a distracted driver on the same roadway as you expect to be alert.

Honda’s recall will involve 126.000 GL-1800 motorcycle from 2001 to 2012 models. The reason for the recall, “a problem with a secondary brake master cylinder can cause the rear break to drag, potentially causing a crash or fire,” (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News

http://www.cbsnews.com/8301-505245_162-57336702/subaru-honda-recall-vehicles-due-to-brake-issues/

). Honda submitted documentation to the National Highway Traffic Safety Administration and in the documents included the report of 26 complaints, of which two involved fires.  Look for this recall in early January.

The Subaru recall will include about 32,000 Legacy, Outback, Impreza 2012 models. The issue with these being that there is a defect in the brake master cylinder, which has the potential to cause the brake pedal to travel further than expected, (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News). Although luckily no accidents have been reported, Subaru has a reported 112 complaints in regards to the defect from their dealerships. Another plus, “only about 3,000 of the cars were sold, and the rest are either on dealer lots or en route to dealers. They will be fixed before being sold,” (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News). This recall will begin later this month.

In both in of these recalls owners of these models will be instructed to bring in their vehicle to a dealership for inspection, and if the defective is present, replacement parts will be available.

The Nissan recall involves more than 7,000 of the Rogue crossover from 2011. The reason for this recall; an issue with the potential failure of the electric power steering. Nissan filed documents with the NHTSA that indicated that “as the circuit board fails, the power steering assist features will stop functioning, increasing the force needed to steer the vehicle and increasing the risk of a crash,” (Subaru, Honda, recall vehicles due to brake issues, The Associated Press, CBS News). Thankfully, no accidents have been reported due to this defective however.

The reason? The data obtained from the HLDI study accounts it to weight. The battery packs and other components make these fuel efficient vehicles 10 percent heavier than the average car.

The author of the report and vice president of the nonprofit research organization Matt Moore, concludes it is this "extra mass that gives them an advantage in crashes that their conventional twins don’t have," (HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance,

http://news.onlineautoinsurance.com/consumer/hybrid-vehicle-crash-car-insurance-study-95564).

It all comes down to the calculation of force. In a collision between two different vehicles; the heavier, larger car will push the lighter upon impact. This means "less force on people in the heavier vehicle and more on the people in the lighter one. Greater force means greater risk, so people in the smaller, lighter vehicle are more likely to be injured,"(HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance).

To give you an idea of the difference in weight, one example from the study found that the hybrid Honda Accord midsize sedan weighs in at about 3,600 pounds, that’s 480 pounds more than the conventional Accord model.

So what does this mean for hybrid owners and potential buyers? In years past eco-conscious drivers had to for-go safety for fuel economy, but after this study it appears that may no longer be the case, as Moore says "saving at the pump no longer means you have to skimp on crash protection," (HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance).

It is unclear if this will have an effect on hybrid owner’s insurance policies. This specific study looked at the first-party coverage only, which is the policyholder’s and their potential passengers in the event of an accident. If there were to be any reduction in insurance costs it would be limited to those coverages, the policyholder’s own, (HLDI Study Shows Positive Safety Trend for Hybrid Vehicles, John Pirro, Online Auto Insurance). Although this study may attract the attention of insurers, it is fairly standard that rates are adjusted and calculated based on the insurance company’s own internal data.

The report compared drivers’ costs while in traffic congestion within 99 different urban settings to that of the cost of the nation’s motor vehicle accidents, and the outcome was that the cost of collisions was three times that of congestion at $299.5 billion to $99.7 billion, (AAA: Fatal motor vehicle crash cost $6 million, Larry Copeland, USA Today,

http://www.usatoday.com/news/nation/story/2011-11-02/fatal-vehicle-crashes-cost-millions/51051030/1). Within that $99.7 billion due to congestion is the cost of gas used while idle plus the amount of time the driver wastes sitting in traffic. These two estimated amounts come from the Federal Highway Administration statistics which place dollar value on these factors: "property damage, lost earnings, loss of household activities, medical costs, emergency services, travel delays, vocational rehabilitation, lost time at work, administrative costs, legal costs, pain and suffering, and lost quality of life," (Larry Copeland, USA Today).

The director of federal relations for AAA Chris Plaushin, states that the auto club "wanted to raise the profile and raise the awareness. Right now, it’s jobs, it’s construction, it’s economic growth that are being talked about. This part of our effort is to bang the drum about safety," (AAA: Fatal motor vehicle crash cost $6 million, Larry Copeland, USA Today). Although it may be common knowledge that auto collisions are costly, when looking at it from a national perspective rather than an individual one, the costs and rates become alarming. That’s why Plaushin hopes that studies such as this most recent one will help bring attention to the matter and hopefully result in solutions that potentially could prevent such costs and accidents.

Beyond the cost of this matter, another need for attention is that auto accidents are the leading cause of death for those ages 5-24 in the US. Saving money, but more importantly saving lives will hopefully be the outcome from this study. Suggestions from the AAA to reduce fatal crashes and financial burden due to auto accidents are installing more cable barriers along medians to prevent crossover accidents, modernized roundabouts and rumble strips, (Larry Copeland, USA Today).

The National Highway Traffic Safety Administration received a dozen complaints of engine compartments starting on fire in the 2007 and 2008 S models of the Mini Cooper Clubman and Cooper Convertible, (NHTSA Investigation Reports of Mini Cooper Vehicle Fires, Gregor McGavin, Online Auto Insurance,

http://news.onlineautoinsurance.com/consumer/nhtsa-safety-investigation-car-insurance-95318). Of those twelve reported five of the vehicles were completely destroyed, and eight of the complainants claimed the fire occurred even though the ignition was off.

This same model of vehicle, but manufactured from November 2006 to July 2008, was recalled in April. About 28,500 cars were recalled due to 50 reports of owners being burned by the exhaust pipes because they came out too far from the bumper. Of these reports there were several significant second-degree burns that caused blistering and scarring, one even resulted in a third-degree burn, (Office of Defects Investigations of the National Highway Traffic Safety Administration).

The clear concern here is that the owners of these vehicles could potentially become injured as a result of this defect. However; another issue is that owners could have difficulty with their insurance coverage. It is unlikely that motorists would be "found financially liable for damages that are proved to have been caused by defective automotive equipment, they could still face the sometimes lengthy process of seeking reimbursement under their automobile insurance coverage policy," (NHTSA Investigation Reports of Mini Cooper Vehicle Fires, Gregor McGavin, Online Auto Insurance,

http://news.onlineautoinsurance.com/consumer/nhtsa-safety-investigation-car-insurance-95318).

Luckily, no injuries have resulted of the dozen recently reported engine fires. However; the National Highway Traffic Safety Administration has yet to determine if a recall is necessary. If that does end up being the outcome, 36,000 Mini Cooper S models will be affected.

A recent study conducted by Boston-based research and advisory firm, Celent, showed that within the next three years it will become common practice for insurers to use information found on such social medias as Twitter, Facebook, etc. to reveal risk, much like how auto insurers in some state look at credit history, (Report: Insurers to Make Greater Use of Policyholders’ Social Data, Online Auto Insurance, Gregor McGavin, http://news.onlineautoinsurance.com/companies/social-media-and-car-insurance-95305).

This type of search has already begun somewhat in case of questionable claims. One such example "is when an individual claimed a ‘debilitating, work-related injury.’ But when the investigator checked out the claimant’s social media profile, there were photos of the individual performing activities like breakdancing," (Report: Insurers to Make Greater Use of Policyholders’ Social Data). Mike Fitzgerald, a senior analyst with Celent’s insurance group and co-author of the report believes that "the information that is posted by individuals on multiple sites reflects their preferences, lifestyles, and habits." Clearly with regards to the breakdancer with a bad back, insurers could potentially have the ability to eliminate false claims.

What would be the underlining use for the information gathered on policyholders? To determine "grounds of deniability, identify sources of income, collect ‘additional evident in litigation’ and discover information the claimant has hidden from the insurer," (Report: Insurers to Make Greater Use of Policyholders’ Social Data). Of course with this come some legal and ethical issues. Several employers already utilize social medias to determine a qualified applicant. Insurers have brainstormed to come up with a few ideas to encourage policyholders to allow access to their social profiles, "one methods is possibly offering discounts to policyholders who do so, including those who are checking car insurance quotes online in search the best deals," (Report: Insurers to Make Greater Use of Policyholders’ Social Data).

Social medias however tend to attract a specific age demographic, with 77 percent being between the ages of 18-29, 55 percent between the ages of 30-49 and only 23 percent 50 and older. So with these statistics, it appears that insurers will potentially have an easier time collecting data on their younger policyholders.

With new technologies it is necessary for companies to adapt their companies as advances are made as to not get left behind. Celent believes this as "the use of data in other processes is a natural evolution for insurers’ engagement with customers. Insurers already improve customer experience by leveraging third-party data and, over time, social date will be added into the mix," (Report: Insurers to Make Greater Use of Policyholders’ Social Data). A social profile can tell you a lot about a person depending on how much one shares, it’s no wonder that insurance companies wouldn’t mind collecting that data on a larger scale to take a peek in their policyholders’ lifestyles to see how they really live, and not rely solely what’s put on paper.

Out of the top 10 car insurance companies in 2010 six raised premium costs, three lowered, and one kept the same rate from the previous year, (Ohio Auto Premiums Expected to Rise 8 percent from 2008 to 2011, Ben Zitney, Online Auto Insurance News,

http://news.onlineautoinsurance.com/rates/ohio-car-insurance-report-94869). Of the six that increased premiums, the largest came from Grange Mutual at 5 percent.

What causes these increases? Regulators state that "auto rates fluctuate due to changes in repair costs, medical costs, the number of cars on the road and the occurrence of weather-related claims,"(Ohio Auto Premiums Expected to Rise 8 percent from 2008 to 2011, Ben Zitney). Providers expected more weather related claims due to the massive thunderstorms in May, and rightfully so as OII states that more than 27,000 claims were filed because of the storms, with damages accumulating to more than $80 million.

However; even with the eight percent increase that will be seen from 2008 to 2011, state officials say that Ohio residents still are paying some of the lowest premium costs in the U.S. ranking 11th with the lowest average policy in 2008. The top two cities with the lowest car insurance are in Ohio, Wapakonet and Fairfield, (Ohio Auto Premiums Expect to Rise 8 percent 2008 to 2011, Ben Zitney).

So even though rates have increased, seems the only thing to do is see the silver-lining if you are an Ohioan because when it comes to insurance costs; the grass is still a bit greener on your side.

Yes, speeding is one of them. Speeding can be a problem with many drivers, not just teens. With texting while driving and drinking while driving are concerns, it’s actually speeding that causes the most one-car fatal accidents. In fact “All State Insurance estimates that 40% of the 5,000 to 6,000 teen deaths a year are caused by speeding” (Teen Drivers Making Common and Fatal Mistakes, Sharon Silke Carty, http://autos.aol.com/article/teen-drivers-making-common-and-fatal-mistakes/). Talk with your teen about speed limits, they’re there for a reason: to secure their own and others’ safety.

Another common cause of teen accidents, they didn’t see it coming. There’s an obstacle in the road and by either not allowing enough to stop or swerving a driver can potentially cause an accident. You may have received different advice, but “some professional driving instructors say that drivers shouldn’t swerve when animals enter the road. They should brake hard, and keep in their lane. The dangers of swerving to avoid an animal too often result in dangerous accidents,” (Teen Drivers Making Common and Fatal Mistakes, Sharon Silke Carty, http://autos.aol.com/article/teen-drivers-making-common-and-fatal-mistakes/).

Another concern is in the event of losing control, looking where they shouldn’t. Focusing on the light pole, tree or divider a driver is approaching will potentially cause him/her to go in that direction causing an accident. Being aware of what is happening when out of control of the vehicle is important, but focusing on the object they may come in contact with could end up being fatal. According to the Insurance Institute of Highway Safety (IIHS), “the number of the fatal single-vehicle accidents involving teens is 50%”. Attempting to stay calm as possible and knowing when/where to swerve will help prevent your teen from having a one-car accident.
 

Lastly, even though it may seem like it shouldn’t need to be said anymore; wearing a seat belt. According to the National Highway Traffic Safety Administration 76% of teens regularly wear a seatbelt. However; 58% of teens who die in car accidents in 2006 (most current year numbers are available) were not wearing seatbelts. Always wearing a seatbelt will help protect your teen from fatal injuries in the result of an accident.

New drivers are not bad drivers; they simply need experience and guidance. Talking with your teen about safety and monitoring their driving habits will allow you to feel comfortable with your child out on the road and protect him/her from serious dangers.
 

First thing, why buy used? Besides potentially getting a better deal; as a car only a year old is 20-30 percent cheaper than new, you’ll also save money on your car insurance. With so many buyers looking at used, dealers offer more reliable cars; some even still under the factory warranty and several carmakers are offering certified used. Since safety is a major concern for used car shoppers, knowing the vehicle’s history is crucial, but that’s no problem as it can be easily traced using the car’s vehicle identification number or VIN, (10 Steps to Buying a Used Car, Philip Reed, http://www.edmunds.com/car-buying/10-steps-to-buying-a-used-car-pg10.html).

Just because you’ve decided to buy used does not mean that it’s not going to cost you a pretty penny. It’s important to make sure that the car will fit into your budget by calculating the monthly payment, how much you’ll put down at signing, and how much your car insurance will be. Having an idea of what class of car you’re looking for will help you stay in your budget, but also find a car you will enjoy. You can also use Edmund’s ‘affordable calculator’ to estimate your payment and find models in your area that will fit your budget http://www.edmunds.com/calculators/.

Once you’ve calculated how much you’re willing to spend, the next step is deciding how you want to finance. There are three methods of payment; cash, financing through a bank, credit union or online lender, or through the dealership. If you choose an independent source there are some advantages; “it keeps negotiations simple in the dealership, allows you to shop competitive interest rates ahead of time, removes dependency on dealership financing, and encourages you to stick to your budgeted amount,” (http://www.edmunds.com/car-buying/10-steps-to-buying-a-used-car-pg10.html).

Once you have financing underway; search around to determine where to purchase. Looking at used cars through private parties, used car section of new car dealerships and independent used car lots gives you a larger variety to choose from. If you decide to go with a private party be sure to called ahead of time and ask questions to eliminate cars with major issues prior to seeing the car.  Using this check list during your phone conversation will help you weed through the lemons http://static.ed.edmunds-media.com/unversioned/img/car-buying/used-car-worksheet/used.car.questionairre.pdf.

If you go the route of a dealership; make sure you’re comfortable with the salesperson working with you, and have no distractions. You don’t want to make a bad deal because you skipped out on lunch or that second cup of coffee.

Here comes the fun part; test drive! You’re not going to know if the car is the right fit until you’ve taken it for a spin. If you are not that knowledgeable on automobiles be sure to bring someone along with you who is. Check these features while on your test drive:
• Acceleration from a stop
• Visibility (check for blind spots)
• Engine noise
• Passing acceleration (does it downshift quickly and smoothly?)
• Hill-climbing power
• Braking
• Cornering
• Suspension (how does it ride?)
• Rattles and squeaks
• Cargo space
(http://static.ed.edmunds-media.com/unversioned/img/car-buying/used-car-worksheet/used.car.questionairre.pdf)

Love the car? Great! Read over all of the agreement and make sure you understand everything before signing. Once you’ve done that, nothing left to do but enjoy your new car and pat yourself on the back for being a smart used car shopper!
 

Child safety seats for infants are required by law in all 50 states and 47 states require booster seats for children who have outgrown his/her safety seat but are still not grown enough for an adult seat belt. It is important to know the laws regarding safety seats in your state, for more information visit http://www.ghsa.org/html/stateinfo/laws/childsafety_laws.html.

When it comes to your child’s safety, nothing is more important. So when it’s time to purchase a car seat, keep these factors in mind:

• Select a car seat based on your child’s age and size, choose a seat that fits in your vehicle and use it every time.

•  Always refer to your specific car seat manufacturer’s instructions; read the vehicle owner’s manual on how to install the car seat using the seat belt or LATCH system; and check height and weight limits.

• To maximize safety, keep your child in the car seat for as long as possible, as long as the child fits within the manufacturer’s height and weight requirements.

• Keep your child in the back seat at least through age 12.

• Children under 1 should always ride in a rear-facing car seat.

• Keep your child rear-facing as long as possible. It’s the best way to keep him or her safe, until they outgrow the seat by height and weight limitations.

• Keep your child in a forward-facing car seat with a harness until he or she reaches the height and weight limitation, usually ages 4-7.

• After your child outgrows the forward-facing seat, he or she should be in a booster seat from age 8-12 and still ride in the back seat.

• Once your child outgrows the booster seat, it is safe for him or her to wear an adult seat belt. Make sure that the lap belt lies snugly across the upper thighs, not the stomach and the shoulder belt should lie snug across the shoulder and chest, not across the neck or face.
(http://www.nhtsa.gov/Safety/CPS, National Highway Traffic Safety Administration-Child Safety)

The different types of carseats are listed below, remember to know the height and weight limitations as listed by manufacturers so you know when to upgrade to the next seat for your child’s safety.

Rear-Facing Car Seat: is the best for a young child. It has a harness and in a crash, cradles and moves with your child reducing stress to the child’s fragile neck and spinal cord.

Forward-Facing Car Seat: has a harness and tether that limits your child’s forward movement during a crash.

Booster Seat: positions the seat belt so that it fits properly over the stronger parts of your child’s body.
(http://www.nhtsa.gov/Safety/CPS, National Highway Traffic Safety Administration-Child Safety)

If you would like more information on child safety seats, mark your calendar for Child Passenger Safety Week from September 18-24, 2011. This is an annual campaign that creates awareness on how to properly secure children of all ages in the appropriate car seats, booster seats and seat belts. The ending day September 24 is National Check Saturday, where certified passenger safety technicians give advice and hands-on car seat inspections nationwide for free. For more information visit http://www.nhtsa.gov/Safety/CPS.

All makes and models go through safety testing with “testing dummies” to see the success of safety features. In both “frontal and side impact tests, the dummies are instrumented and measurements recorded to gauge the forces to the dummy’s head, neck, chest, and femurs,” (How to Buy a Safe Vehicle, Larry Coben, thesafereport.com).  Both the Insurance Institute for Highway Safety (IIHS) and the National Highway Traffic Safety Administration (NHTSA) provide comparison ratings for frontal and side impact tests as well as roof strength to weight ratio. These sites often rate on a star scale, five stars being the highest and safest, one being the lowest and least safe.  Regarding frontal crash protection the government established a head injury criteria (HIC) stating that any score above 1000 is unacceptable at 30mph into a wall, in regards to this testing, lower is safer.  Beyond front and side impact tests, roof strength to weight is vital considering that 25% of all fatal and catastrophic injuries are rollover accidents. In this instance the higher the ratio the stronger the roof, for more info on this visit www.iihs.org/ratings/roof.

Beyond testing scores, there are some safety features that should always  be at the top of the list: seat belts that go over the lap AND shoulder, seat belts built into the seats and/or with belt retractors, laminated door glass, rollover and side airbags, and adjustable headrests, (How to Buy a Safe Vehicle, Larry Coben,  thesafetyreport.com). When it comes time to actual purchase your new car make sure to have an onsite inspection, gauge the comfort and fit of seat belt, check that each seat has a head rest, and if available a camera monitor behind the vehicle which provides drivers with more visibility when backing up.
 

One ultimate safety feature that will be required in all make and models in 2012 is the Electronic Stability Control (ESC). ESC is “a computer technology that helps drivers control their vehicles; used in the steering wheel to determine what the driver is trying to do and using other sensors to determine whether the vehicle is turning the way the driver wants it to turn,” (ESC: An Essential Safety Choice, Michael Cowen, thesafetyreport.com).  What does it prevent? A driver from losing control and running off the road, prevents loss of control when getting back on the road and maintains control in wet and icy conditions. How does it do it? In the event of a vehicle about to skid, “the computer system estimates the direction of the skid, and then applies the brakes to individual wheels to stop the skid and make the vehicle travel in the direction the driver intended,” (ESC: An Essential Safety Choice, Michael Cowen, thesafetyreport.com).  The system works great so says several studies, ESC will save more lives than any other safety technology other than the seat belt. The NHTSA estimates that ESC would save between 5,000 and 10,000 lives and would prevent up to 250,000 injuries a year. Studies conducted by the federal government found that ESC prevents 88% of rollover accidents in both trucks and SUVs. However, ESC has remained a luxury feature until recently in 2008, and still not all makes and models are installed with the system. Also, each automaker uses different terminology when listing ESC in their features, making it a bit more difficult for consumers to recognize when purchasing a new vehicle (See list of other names for ESC below). ESC will be equipped in all U.S. models sold as due to the Federal Motor Vehicle Safety Standard 126 as enacted by the federal government, happening in 2012. For more information on car safety and test ratings visit www.IIHS.org and www.NHTSA.org.
 

Other names for Electronic Stability Control (ESC):
• Electronic Stability Program (ESP)
• StabiliTrak
• Vehicle Stability Assist (VSA)
• Vehicle Stability Control (VSC)
• Vehicle Dynamic Control (VDC)
• Dynamic Stability Control (DSC)
• Advance Trac with Roll Stability Control

An unfortunate part of our law practice is when there is a motorcycle or auto accident that involves a death.　 Our part in these situations is to handle the wrongful death civil case.　 However, there is often a criminal side to these cases where the At-Fault driver can be charged criminally for his or her actions. In this situation, we act as the victims’ advocates. The criminal case is prosecuted by the State.

Until very recently, a prosecutor’s options were limited. The most common crime to charge in dealing with an accident causing death was to criminally charge the at-fault driver with negligent homicide, which carries with it the potential for two years in prison and a mandatory license revocation for one-year.　 This created a dilemma for many prosecutors when investigating these accidents because some of them are just that to the prosecutor’s office-- an accident. Often jail time, again to the prosecutor’s office, doesn’t seem like the proper punishment.　 A local prosecutor described this type of situation as "the only thing where simple negligence can result in a charge with felony penalties."

On October 31st, 2010 the negligent homicide law changed along with statutes that most prosecutors and criminal attorneys say are better for handling serious-injury and fatal crashes when a driver is at-fault.

Along with negligent homicide, involuntary manslaughter and felonious driving (all long-existing options) new charges have been added, including one that is a misdemeanor.　

The new charges and their potential penalties are:

The general response from prosecutors about the new range of charges has been good. 　Police seem to like it as well since now they are not always forced to write tickets to at-fault drivers that could potentially put the person in prison for a long time. No matter what the charge, we will still be there bringing the concerns of the family into the process and making sure the family’s voices are heard.

The whole idea behind these types of laws is to increase driver safety and reduce crashes for all Michigan drivers.  So, MI Motorists, put down your cell phone and keep two hands on the wheel, It's The Law!

By sharing this story with you we are trying to make all victims and potential plaintiffs aware of the importance of finding the right attorney who will be fighting for YOU, not for the money.

Apparently the city of Troy, MI has been a little behind in educating the population about the new law because no signs have been posted anywhere in the city and city members have been protesting at almost all of the city council meetings.  Because of the local uproar, Troy has decided to postpone the ban on distracted driving until 2011.  Warnings are being issued but no tickets are being written to distracted drivers, except for those breaking the state law against texting.

Underinsured Motorist Coverage
Another important type of insurance coverage is called Underinsured Motorist Coverage. If a negligent driver/owner causes an accident and has a small insurance policy that does not compensate you for the full extent of your injuries, then you may obtain additional money from your own insurance company.
Example: If you shatter your leg and have surgery but you will limp for the rest of your life, your injury arguably could be worth $100,000.00 in pain and suffering damages.  If the negligent driver/owner only has a $20,000.00 bodily injury liability policy and you purchased $100,000.00 of Underinsured Motorist Coverage, you potentially may recover the $20,000.00 of the negligent driver/owners insurance company and up to an additional $80,000.00 from your insurance company, for a total recovery of $100,000.00.
Not all insurance companies offer Underinsured Motorist Coverage.  Do not assume that you have it, even if your declaration page lists coverage for “UM.”

How to Lower your Auto Insurance Rates:
Use an independent agent:  Many agents are “captive” agents which means they can only sell the insurance policies of the company that they work for.  You can use an Independent Agent to shop for the best price among several different companies. 
Exclude "high risk" drivers from your policy:  Your insurance rates can skyrocket if you have a teenage driver or a driver with a bad driving record on your policy.  One way to reduce your insurance rates is exclude that driver from your more valuable vehicles.  Then, provide that driver with a less valuable vehicle and make sure that it is the only vehicle that he or she uses.
 

    All tire manufacturers know that with proper use, tire treads will wear out and eventually need to be replaced, however, a surprising number of drivers aren't aware of when their tires should serviced.  Did you know that all tires have an expiration date that is required to be printed directly on the tire?  Many of you know about some common tire maintenance such as checking pressure, tread-wear and getting tires balanced and rotated but to avoid major failures and blowouts there needs to be more education about tire shelf-life and their expiration dates.

    Most new tires are estimated to last around 70,000 miles and the NHTSA says that regardless of use or mileage tires should be replaced after 6 years, which is fine if a consumer is buying their tires "brand new" but what about tires that sit in a warehouse for years before they are sold or ever put on a car?  The U.S. Department of Transportation has worked out a system that should make it easier for all consumers to know when their tires were made and when they should be replaced, it's as simple as looking at your tire...

    On the outside sidewall, usually near the rim or hubcap there will be a number preceded by "DOT" which means that this tire meets all the Department of Transportation's standards.  This will be followed by either 2 numbers or letters that will indicated where the tire was made.  Following the manufacturer's numbers will be the information about the tires age.  All tires made after the year 2000 will have a 4-digit code:  The first two digits indicate the week of the year in which the tire was made so 01 would mean it was made in the first week of the year, and so on until 52.  The last two digits indicate the year so 05 would mean it was made in 2005.  For example 1607 would mean that the tire was made in the 16th week of the year 2007.

    For more information on tire safety we recommend you contact your local Department of Transportation.

　Often no-fault benefits in Michigan do not have to be paid to an injured victim because of an exclusion in Michigan no-fault law.　 The one that I see most often is; a driver and owner of an uninsured vehicle, and this includes motorcycles, is not entitled to no-fault benefits. The reason is they had a duty to insure their vehicle and because they did not they are penalized and not entitled to benefits.　 It is good to know that if a passenger or a pedestrian is hit by a car or is in a motor vehicle　accident they will be entitled to no-fault benefits which includes life-long medical bills paid for the injuries that arose out of the crash.　

Passengers and pedestrians are entitled to PIP benefits even if the vehicle they are in is uninsured as long as: (1) there are no exclusions that apply and (2) the accidental injuries "arise out of the ownership, operation, use or maintenance of a "motor vehicle."

• Notifying claimants that the Colossus program may be used in adjusting their claims.
• Providing consistent updates in a uniform fashion for all regions including modifications that reflect recently settled claims.
• Consolidating it's bodily injury claims "handling practices" into a single manual.
• Not establishing any rules requiring claims adjusters to settle claims according to the value provided by Colossus
• Not offering incentive programs for adjusters who settle at the value suggested by Colossus.

This $10 million settlement will go into a regulatory fund for the 45 states that signed this agreement.  It will be used to help implement these new guidelines and properly train examiners in reviewing and monitoring software programs in their use of evaluating injury claims.

See MCL 500.3107　

We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?　 If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here are a few examples of unusual circumstances where benefits may still be payable:

Use of Motor Vehicle    

 We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?  If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here is an example of an unusual circumstance where benefits may still be payable:

Entering or Exiting (Slip & Fall):

• Patient getting in or out of vehicle and slips on ice, oil, etc.; usually entitled PIP.
  
• Patient fuels vehicle and falls after walking around to get back in; possible PIP coverage.
  
• Man falls from high step of truck after hand slips off of door handle. Entitled to PIP.

 We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?  If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here is an example of an unusual circumstance where benefits may still be payable:

Loading & Unloading:

• A man loading or unloading a motor vehicle usually is entitled to PIP.
• If patient is loading a heavy bag of salt in his trunk and injures his back, he may be entitled to PIP.
• Man stacking boxes in back of a truck when a pallet falls on his head is entitled to PIP.
• Camper ladder collapses as man carries heavy cooler to roof. Entitled to PIP.

As you have learned this past month through my blogs, no-fault benefits may be payable in circumstances where you may not have thought they would be because the injury was not caused by a typical motor vehicle crash. However the injury DID involve a motor vehicle.

 We know that in order for Michigan No Fault benefits to be payable you need to ask the following question: Was there an accidental injury that arose out of the ownership, operation, use or maintenance of the motor vehicle as a motor vehicle?  If the answer is yes, then the Michigan motor vehicle injured victim may be entitled to no fault benefits.

Here are a few examples of unusual circumstances where benefits may still be payable:

Not Logical or Fair:

1.  Was there an accidental injury that arose out of the ownership, operation,  use or maintenance of a motor vehicle as a motor vehicle? If answer is “Yes,  continue. 
     For an Insurance Company to be obligated to pay under the No-Fault Law a “motor vehicle” has to be “involved.”  This typically means a car, van, truck, trailer or bus was somehow involved in the accident. 
      A motorcycle is not defined as a motor vehicle under the No-Fault Law.  If patient was injured in a single motorcycle accident (e.g. biker hits tree, deer, or other motorcycle), no PIP benefits are available.  However, if a car cut the biker off, a “motor vehicle” was “involved” and benefits would be available.
 

2.  Do any exclusions apply? If no exclusions apply, continue.

• If the patient is an owner of an uninsured vehicle that was involved, he or she is not entitled to PIP.
• A patient that stole the accident vehicle is not entitled to PIP.
• A patient from a different state in a car registered in a different state MAY be excluded from benefits.
• If the patient's injury occurs while performing his job, worker’s compensation insurance MAY pay some of the benefits that would normally be paid by the automobile insurance.

3.  Was the patient an “Occupant of a privately owned vehicle”, a

    Non-Occupant (pedestrian, bicyclist, etc.) or a Motorcyclist?
The determination as to which auto insurance company is responsible for PIP benefits is different for an occupant, non-occupant and motorcyclist.  The next three pages explain the process for determining which company is responsible.
 

IN A NUT SHELL:
1.                  A Motor Vehicle must be involved.
2.                  You don’t get PIP if you stole the accident vehicle or are the owner of an uninsured motor vehicle involved in the accident.
3.                  You must figure out if patient is an Occupant, a Non-Occupant or a Motorcyclist to  ascertain which insurance company is responsible for paying PIP.
 

First let's look at the law which makes no fault benefits payable in a Michigan incident: the Michigan no-fault law states that

No Fault Benefits are payable to anyone who suffers an injury "arising out of* the ownership*, operation*, maintenance* or use* of a motor vehicle* as a motor vehicle*".

I have placed asterisks next to important words or phrases that have special meaning under Michigan's no-fault law. If the injury "arises out of" the "use" of a motor vehicle then no-fault benefits must be paid. An example of this is if you are getting out of your car, put 1 foot on the pavement, attempting to standup but your foot slips, you fall to the ground breaking your hip--- the analysis is your injury arose out of the use of your motor vehicle. Case law that has developed over the years has shown that getting in or out of your vehicle, as long as you're in very close proximity to it, justifies no-fault benefits being paid. This includes all of the medical bills for the injury.

1. When should bills be paid by an auto carrier?

A: If a "Motor Vehicle" is "involved" in the accident, the injured person is entitled to First Party or PIP (Personal Injury Protection) benefits. This includes payment of medical bills.

2. What are First Party or PIP (Personal Injury Protection) benefits?

A: "First Party" or "PIP" are phrases used by the insurance industry for the claims opened for medical bills, up to three years of wage loss, up to three years of replacement services (household chores, a.k.a. essential services), medical mileage and attendant care. These claims are made against an automobile insurance company.

3. How do I set up a PIP claim so I can submit bills for payment?

A: Get an Application for Benefits Form from the appropriate Auto Insurance Company, have the patient fill it out and send it back. Many companies now don’t bother with the Application for Benefits Form and just set up the claim over the phone by speaking to the patient. The assigned PIP adjuster will then contact the patient within days of the call with the claim number, address and instructions for obtaining benefits. The claim must be filed within one year after the accident.

4. How do I know which auto insurance company has to pay the bills?

A: The Michigan No Fault Act (MCLA 500.3101 et. seq.) sets forth the rules for determining which insurance company pays under different circumstances. These rules are detailed on the following pages entitled No-Fault PIP Priorities.