Over the last several years, the higher courts in Michigan have whittled away, making it harder for plaintiffs to sue for many kinds of claims which were once areas people or the public were protected.  For example, the present law extremely limits the ability for an individual to sue a municipality, the County Road commission and the state of Michigan for any type of road defect.
This recent case (which can be read at the link below) shows that, in this attorney's opinion, the plaintiffs are held to a very high standard and some judges will use any excuse to throw the plaintiff's case out of court. Here the notice was required to be sent to the government agency. In the notice the area and alleged defect must be clearly stated. In reading the notice, it appears that the plant's attorney stated the pavement on the exit ramp at exit number such and such was defective for the eastbound traffic.  This is yet another reason to make sure your personal injury attorney is well-versed, well experienced and has handled many cases involving Michigan Road defects.
http://milawyersweekly.com/news/2010/11/24/governmental-immunity-highway-exception-inadequate-notice-of-alleged-defect/
 

Most everyone should know about the state-wide ban on texting while driving that took effect this past July in Michigan.  However, many of you may not know that a few cities in MI decided to take that opportunity to create new laws targeting distracted drivers; Troy is one of those cities.  This law allows police officers to ticket anyone who is driving poorly as a result of doing anything other than, well...driving.  It still doesn't add any points on your driving record but it does come with a steeper $200 fine for the first offense.

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.

Uninsured Motorist Coverage
If the negligent driver that hit you did not have insurance, you may still be entitled to compensation for Third Party Benefits (pain and suffering, excess wage loss, etc.) if there is special insurance coverage on your vehicle, a vehicle in your household or the vehicle that you were in. The special coverage is called Uninsured Motorist Coverage (UM Coverage).
UM Coverage also applies if you are involved in a hit-and-run accident.  If you can not identify the owner or driver of the other vehicle you may file a claim with your UM Carrier depending on the circumstances.
Uninsured Motorist Coverage is inexpensive (a policy for $50,000 worth of coverage can be purchased for as little as $20 per year). You should check your policy and make sure that it provides for Uninsured Motorist Coverage.  You should have at least $100,000.00 of uninsured motorist coverage.
 

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.
 

We have been discussing when no-fault benefits are paid to a Michigan motor vehicle accident victim.  There are a couple special situations that are worth mentioning.  For example if the victim who was injured was in a "vehicle for hire " like a taxicab  limousine  etc. or in a company car  the insurance company responsible for paying no-fault benefits is different. 
SPECIAL SITUATIONS:
Vehicles for Hire: If patient is in a Vehicle for Hire (limousine, shuttle bus) the Hired Vehicle's insurance company pays.  This does not include school buses, certain other buses or taxi cabs.
Company Car: If patient is injured and he has a car given to him or her to use by his or her employer, the only time that car's insurance company pays is if the patient was actually in that vehicle at the time of injury. 
 

Everything Rides On Your Tires

    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.

YES!  Passengers and pedestrians are most always entitled to no-fault benefits.

　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."

In an October 18th press release, Allstate announced that they agreed to a 10 million dollar regulatory settlement over the process in which they handle bodily injury claims.  The National Association of Insurance Commissioners (NAIC) completed an 18-month examination of Allstate's multi-state claims handling system.  Allstate has been using a software program called Colossus to guide them in making settlement offers after motor-vehicle accidents.  While the software has proven to be effective it was not being consistently modified or "tuned" for all of Allstate's regions.  According to the settlement, Allstate has agreed to make many changes, which include:

• 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.

In Michigan, after a motor-vehicle accident, a person may be entitled to no-fault benefits, this includes any loss of wages or income. There's always been a maximum amount per month a victim can be paid from an auto insurance company for this benefit. Each year the Commissioner of Insurance for the State of Michigan adjusts this amount to reflect changes in the cost of living. This is usually calculated in August and takes effect on October first of that year. The monthly maximum work loss benefits payable under Michigan's no-fault law has just increased to $4,929 per month.  A person is eligible for these benefits for up to 3 years after the accident. To receive any excess wage, income or other economic loss, a person would need to pursue the third-party case against a potentially negligent driver.

See MCL 500.3107　

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:

Use of Motor Vehicle