Being involved in a car accident is stressful under any circumstances. However, when the other driver is from another state, questions about insurance and responsibility can make things even more confusing. Many Michigan drivers don’t realize that the state’s no-fault laws still protect them in these situations.
If you’re hurt in a crash caused by an out-of-state driver, you may still be able to recover compensation for all of your economic and non-economic damages. A Sterling Heights car accident lawyer can help you navigate the complexities of cross-state insurance claims.
Here’s how the process generally works.
Michigan’s No-Fault Insurance Rules
Michigan is a no-fault insurance state. That means after most accidents, you start by filing a claim through your own insurance provider instead of the other driver’s. This coverage, called personal injury protection (PIP), pays for:
- Hospital bills and other medical expenses
- Lost wages while you’re unable to work
- Certain replacement services, like childcare or transportation assistance
These benefits are available no matter who caused the crash. However, PIP might not cover all of your financial losses, and it cannot compensate you for things like your pain and suffering. To recover those damages, you may need to take additional legal steps.
When You Can Sue the Out-of-State Driver
Michigan law allows accident victims to file a lawsuit when their injuries meet the serious impairment of body function threshold. This means your injury must have a lasting effect on your ability to live normally, such as a serious spinal cord injury or traumatic brain injury. Your Sterling Heights car accident attorney can evaluate whether your injuries meet this legal standard.
If you qualify, you can pursue a claim against the at-fault driver for:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Decreased earning capacity
- Loss of quality of life
- Your total medical bills and lost wages
You can also bring a claim if the other driver was uninsured or underinsured and your own auto policy includes UM/UIM coverage. These policies step in when the at-fault driver’s insurance isn’t enough to cover your losses.
Which Laws Apply to an Out-of-State Driver?
In most cases, if the accident took place in Michigan, the case will fall under Michigan law. That means the state’s no-fault insurance system and its modified comparative negligence rules will apply. Generally speaking, this remains true even if the at-fault driver’s insurance policy was issued in another state.
If there’s a dispute about jurisdiction or coverage, your car accident lawyer can help resolve it and determine where to file your claim. This issue could have a sizable impact on the success of your case, so get legal advice if you think it might apply.
Contact Our Sterling Heights Car Accident Attorneys for a Free Case Evaluation
Accidents involving out-of-state drivers can be complicated, but Michigan’s laws are designed to protect injured motorists. Whether through your own insurance or a claim against the other driver, you may be able to recover money for your injuries and losses.
At Khamo Law, we understand how to handle cross-border claims and out-of-state insurance issues. Our experienced car accident lawyers can guide you through the legal process and help you pursue the full amount of compensation you’re entitled to under state law.
Contact us today by calling (248) 466-0606 or completing our online form to schedule a free consultation with our car accident attorneys in Sterling Heights. We only get paid if we recover compensation for you.