Traverse City Personal Injury Lawyer - Automobile Accidents

Teen Driving Tips

Timothy Smith — Fri, 16 Jan 2009 17:04:35 GMT

I've got one and two more on the way. Teens that is.......

Next summer my oldest will take driver's education. It's a little scary. I saw an interesting statistic recently that really opened my eyes to what I'm getting myself into. Evidently, your average 16 year old soccer player has 1,500 hours of instruction in soccer by the time they reach that age. But, we're handing these same kids drivers licenses and unleashing them on the road with only 50-100 hours of instruction.

This is disconcerting for a number of reasons:

1. In 2006, drivers age 15-17 were involved in approximately 974,000 accidents that injured 406,427 people and killed 2,541.

2. Auto accidents are the leading cause of death among U.S. teenagers as it accounts for 36% of all deaths in that age group according to the Center for Disease Control and Prevention.

3. The Insurance Institute for Highway Safety has claimed that the 16-19 year old age bracket has a greater risk of an accident than any other age group.

4. The risk of an auto accident for a 16 year old is double that of a 18 or 19 year old.

5. This rate of injury for 16 years old increases every time another passenger is placed in the vehicle.

6. Lastly, 33% of teenage drivers are involved in a car crash in their first year of driving and somewhere in the United States, a teenage driver is killed every 6.5 minutes and injured every 55 seconds according to teensafety.com.

So what's a parent to do?

More instruction is one thing. Some options would include:

1. The Mid-Ohio School in Lexington KY which offers a Honda Ten Defensive Driving Program and teaches the dynamics of driving including wet braking techniques, emergency lane change maneuvers, and a skid drill that simulates driving on ice, snow and rain.

2. Tire Rack's Street Survival Program will be held in 50 cities across the country through November 15th. It costs $60 and is open to permitted and licensed drivers between the ages of 16-21.

3. Driver's Edge - another touring school which is free and blends classroom and on course driving experience with a focus on real life emergency situation. It was founded by former race driver Jeff Payne.

Another helpful tool to reduce the risk to your teenager is a Graduated Drivers License program. All states have it to some degree, but perhaps your own family implementing one might help even more.

There should be a period where they can only drive under the direct supervision [in the car] of an adult. Then, once you're comfortable [and the State you live in allows it] allow the teen an intermediate period where they can drive alone under limited circumstances such as during daylight hours and with no passengers. Lastly, when you as the parent are comfortable with your teens skills and maturity behind the wheel, full privileges.

I think the bottom line for parents is you have to be involved. You can't rely on some course by the State and a few hours behind the wheel to properly prepare your teens for the dangers of driving a vehicle. Know where and when your teens are driving. Get involved. It may be the difference in whether or not your teen sees their 20th birthday.

If any readers have other good ideas for parents, I'd love to hear them.

Originally posted at InjuryBoard by Timothy Smith

Supreme Court Justice Taylor's final slap in the face to Michigan

Timothy Smith — Fri, 02 Jan 2009 11:57:21 GMT

Justice Taylor was soundly beaten in the recent election. First time ever in Michigan that a sitting Chief Justice was defeated. Ever.

In interview after interview since the election, he has shown the true cut of his jib, his true colors, if you will. He has griped, and whined and "pissed and moaned" about how unfair the election was, about how his was mis-treated and mis-represented in the election. Maybe I missed, it but never once did he congratulate his competitor Judge Diane Hathaway - a former prosecutor and Circuit court Judge - for her victory.

So as most citizens in the state were saying, "Goodbye and good riddance...... don't let the door hit you in the ass", Justice Taylor and his fellow activist Judges Young, Corrigan and Markman gave one last parting shot to the citizens of Michigan before Taylor left the bench. On December 30th, these four justices authored Moore v. Secura. Here's how it all played out.

In a nutshell, it's a case about medical benefits under the Michigan No-Fault Act. The law says you're entitled to lifetime medical benefits when you're involved in an auto accident here in Michigan as long as the treatment was "reasonable and necessary". 'Reasonable" refers to the fee charged by the doctor for the procedure. "Necessary" refers to whether or not the treatment was "necessitated" by the injury from the car crash.

In almost every case, insurance companies will send you out to one of their insurance doctors if you need more than a few weeks of treatment. In fact, when the No-Fault Insurance statute was made law, the insurance companies, through their lobbyists fought hard to have it spelled out right in the statute itself that they have a legal right to send you to any doctor they choose.

In the Moore case, Secura Insurance Company sent Hattie Moore to see Dr. Charles Xeller, an insurance company doctor who's credentials and bias against plaintiffs is well known and well documented. Dr. Xeller examined Hattie and he authored a 7 page report which said plaintiff didn't need any more medical treatment. The problem was that this one-time exam by Dr. Xeller and his opinion that Hattie needed no more treatment, this totally contradicted plaintiff's own doctors who had been treating her for over a year. You see, in the accident, her knee was badly damaged. It was fractured and it needed surgery to be fixed.

So, based on Dr. Xeller's opinion that Hattie needed no more treatment, Secura cut off all medical benefits. Hattie asked them to reinstate benefits, but they refused so she had to get an attorney and sue them to reinstate her medical benefits. Her attorney argued that Secura had a duty to treat each of their insured fairly which required them to reconcile conflicting medical information before cutting someone off.

What Hattie's attorney argued to the jury was a simple bit of good old common sense. Insurance companies shouldn't be allowed to pick one of their doctors, have them do a one time exam and then cut-off benefits based on that one insurance doctor's biased opinion. Hattie's attorney argued that insurance companies have a duty to reconcile conflicts in the medical records that are created by the insurance companies doctors. Simply put, if Hattie's doctors have been saying for over a year that the car crash caused an injury to her knee and that she needed care and treatment, it wasn't fair for Secura to cut Hattie's benefits off based on Dr. Xeller's opinion, especially when it contradicted the opinions of all her treating doctors.

The argument was successful. The jury agreed. So did the trial judge and he sanctioned Secura and ordered them to pay Hattie's attorney fees. The case went up to the Court of Appeals. They agreed too. They held that insurance companies can't cut someone off based solely on their insurance company doctor when the insurance company doctor's opinion conflicts with all the treating physicians.

But, as has been the case so often with Justice Taylor, Justice Young and the other activist judges on the Michigan Supreme Court, they saw things differently. They held that it wasn't unreasonable for Secura to look only at Dr. Xeller's report when they decide to terminate Hattie's medical benefits. In doing this, they over-ruled the Michigan Court of Appeals AND prior case law in Liddell v. DAIIE, a case that had been standing precedent in Michigan since 1981. This wasn't unusual as Justices Taylor and Young have made a career out of overturning existing law in Michigan, especially when the existing law protected individuals from insurance companies and large corporations.

With the flick of a pen, 28 years of case law was thrown out the window. If that wasn't bad enough, for Justices Taylor and Young to further say that it was reasonable for Secura to rely on Dr. Charles Xeller......... well, that's just adding insult to injury.

Why? Here's what attorneys in Michigan have uncovered while deposing Dr. Charles Xeller over the last few years.....

1. He's an orthopedic Surgeon licensed in Michigan, Texas, California, New York, Nevada and New Jersey.

2. He lives in Houston Texas.

3. He was first licensed in Michigan in 1997. He stopped practicing in Michigan in 1999.

4. He was traveling to Michigan for one week per month for the purpose of performing exams for insurance companies. He does the same for one week per month in California.

5. He averages around 80 exams per month for insurance companies.

6. In 2004, he was paid $419,904.43 for doing workman's Compensation exams in Texas alone.

7. In the two years he practiced in Michigan, he was sued 5 timed for malpractice. He lost every case.

8. 15 malpractice suits against him in Texas.

9. The Michigan Attorney General filed an Administrative Complaint against him to revoke his Michigan license.

10. On October 23, 1997, he admitted during a deposition in his divorce that he had lied during his previous divorce deposition about his extra-marital affairs. In Michigan we call this perjury. It's a 4-year felony.

11. During his divorce proceedings, he was arrested by the Houston Police Department at gunpoint on August 28, 1997 for driving to his ex-wife's attorney's office and throwing a rock at the building. He was in his hospital scrubs at the time and had $10,000 cash in his car at the time he assaulted the building.

12. By the end of the divorce, his ex-wife obtained a $1,000,000 judgment against him for assaulting her during the marriage including choking her and shoving a rag down her throat....

According to Justices Taylor and Young, this kind of doctor - a doctor that lies under oath, that has Administrative Actions filed by state Attorney Generals to revoke his license, that travels from Texas, to California to Michigan to make a buck doing insurance exams - this kind of doctor is the type that insurance companies can rely on to cut-off benefits.

28 years of precedent, down the drain. 28 years of protection for the citizens of this state from unscrupulous doctors, out the window. 28 years of a rule that required insurance companies to simply play fair, gone. It's a wonder some of these Justices can even look at themselves in the mirror in the morning.

The citizens of this state took the first step to taking back their highest court from activist judges who are protecting the special interest groups that put them in power. The next step is Justice Young in 2010. Don't let the door hit you in the ass on the way out Cliff....... good riddance.

Originally posted at InjuryBoard by Timothy Smith

Auto No-Fault Divorce Tips

Timothy Smith — Wed, 17 Dec 2008 15:50:49 GMT

So the dust has settled on the divorce. You've taken care of the custody and support issues. All of the personal property has been divided up and you're ready to start the next chapter in your life. You don't mind that your ex-husband got the Chevy pick-up since you never really liked driving it to begin with.

A couple a months later, you find out that your ex totaled the truck in an accident that he caused. A few months after that, the sheriff's department is at your door serving you with a lawsuit where you are named as a defendant and the folks that your ex injured are now suing you! How could this happen?

It does happen. It happens when you give the ex the vehicle in the divorce, but forget to get your name taken off the title. Michigan has an "Owner Liability Statute". This statute allows a person injured in an auto accident to sue not only the driver that injured them, but also the owners of that vehicle, assuming the driver had their express or implied permission.

So, the lesson learned? Get your name off the title of the vehicle that your spouse is taking in the divorce. Typically there is language in your judgment of divorce that requires the other spouse to sign whatever documents are needed to effectuate the intent of the divorce judgment. If the ex refuses to sign off on the title, your divorce judgment probably has language in it that allows you to take the judgment down to the Secretary of State’s office and have your name removed without the ex even being there.

Don't leave any loose ends lying around at the end of your divorce. Otherwise you might get wrapped up in a lawsuit that you could have avoided.

Originally posted at InjuryBoard by Timothy Smith

"Judicial Activism by Unrestrained Statutory Interpretation"

Timothy Smith — Wed, 30 Apr 2008 09:22:56 GMT

The title to this entry is how Justice Weaver, one of Michigan's 7 Supreme Court Justices, described the actions of Chief Justice Cliff Taylor and fellow activists Justices Corrigan, Markman and Young. The quote by Justice Weaver appeared in her dissent to an opinion by Taylor et. al. wherein they reversed the ruling of the trial court AND the Michigan Court of Appeals in a single paragraph opinion that let a drunk driver off the hook for striking 2 young pedestrians in Lansing Michigan - killing one and crippling the other.

The defendant - the City of Lansing - evidently used a public sidewalk as a place to push/dump accumulated snow and leave it for the winter. Two young girls could not get around this city-made obstacle, were blocked from walking on this public sidewalk and so forced to walk in the roadway instead. They were walking because Chantell had been given a gift certificate to McDonalds for being good in school. They were heading to McDonalds to redeem it.

As they walked around the pile of snow created by the City of Lansing, a drunk driver hit them. Killed one, caused severe injuries [brain damage] to the other. City later admitted it had an "unwritten policy" of just abandoning this stretch of public sidewalk for the winter. Not clearing or caring for it at all. Under Michigan law that protects pedestrians, as the law has existed for many years, the city was clearly responsible. The trial court agreed with this and denied Defendant’s motion to dismiss the case. The City of Lansing didn’t like it’s own Judge’s ruling and appealed the case to the Michigan Court of Appeals. The 3 Judges from the Court of Appeals that reviewed the briefs submitted by the parties, reviewed the entire record from the lower court and heard oral argument from the attorneys agreed with the trial court and affirmed that court’s denial of The City of Lansing’s motion for dismissal. Again, the City of Lansing was dissatisfied. So they appealed the matter a 2^nd time. To the Michigan Supreme Court which is currently being run by Chief Justice Cliff Taylor.

The Taylor court ignored the laws passed by our Legislature, ignored the tragic facts of this situation, re-wrote the language of the law to their liking [adding the words "structural defect" where they don't exist], applied its own radical new reversals of previous law [the Nawrocki decision] to a new type situation [cities], and created new law that pretty much absolves cities of any responsibility for not just clearing sidewalks, but for avoiding the active obstruction of sidewalks or doing anything at all to make sure sidewalks are usable. Justice Taylor reversed the ruling of the trial court, reversed the ruling of three judges from the Michigan Court [who were unanimous in their findings] and let the city of Lansing off the hook for causing this horrible situation.

Why would Justice Taylor do this? The last time I posed this question in this blog it was a 30 million dollar verdict against Chrysler for sexually harassing female employees. A verdict rendered by a jury of peers, a verdict affirmed by the trial judge and a verdict affirmed by the Court of Appeals, yet it was thrown out by Justice Taylor. I asked the question why and began digging through his campaign finance records only to find that Chrysler had donated nearly $100,000.00 in monies to Taylor’s campaign [this figure doesn’t include possible soft-money donations from Defendant Chrysler]. I don’t have the time to do the same with this injustice, but my guess is if we dug into Justice Taylor’s campaign finance records, we’ll find donations from The Municipal League or the insurer that was responsible for The City of Lansing’s negligence and maybe even the law firms that represented the defendant’s in this matter. I don’t know, because I don’t have the time to look it up and in light of what I found last time, nothing would surprise me…..

The dissent to Taylor’s opinion clearly explains what actually happened and what Michigan law actually says. According to the dissent, this decision is the Taylor court's "latest example of judicial activism by unrestrained statutory interpretation."

Justice Taylor’s court has tried to spin this abrupt reversal of Michigan law by saying that "cities don't have a duty to remove every bit of accumulated snow" but that is NOT what this case said. Taylor's court decided that cities don't even have a duty to make sidewalks passable at all and can --as they did in this case-- just use sidewalks for dumping grounds [not accumulated snow but snow *placed there*] with no need to worry if they are passable for pedestrians.

Fortunately, there is something we can do about this. Justice Taylor is up for re-election this November. Remember what Justice Taylor did to young Chantell Buckner. Her death shouldn’t be remembered as a case of judicial activism gone wrong. Her case should be remembered as the one that caused the Michigan voters to say, “Enough”!

A vote against Cliff Taylor is a vote for Chantell.

Originally posted at InjuryBoard by Timothy Smith

Justice Taylor's Legacy Lives On

Tim Smith — Mon, 31 Mar 2008 15:30:19 GMT

Kreiner v. Fischer. A 2004 opinion by Michigan Supreme Court Justice Cliff Taylor that re-wrote Michigan Auto Insurance law as it was known up until that point in time. In that opinion, he literally re-wrote the legal standard that had been drafted by our legislature for individuals who had been injured in auto accidents. Back when the legislature enacted the Auto No-Fault Statute, individuals who had been hit by a car, who had broken bones that needed multiple surgeries to fix were given the legal right to make a claim against the at fault driver's insurance company for their damages. Justice Taylor took that right away when he wrote the Kreiner decision. Now, 4 years later, the decision authored by Justice Taylor has taken away the legal rights of Rodney McCormick

On March 25th, the Michigan Court of Appeals applied Justice Taylor's reasoning from the Kreiner decision and held as a matter of law that Rodney McCormick has no legal claim for an injury he sustained in January of 2005. In the accident, Rodney's left ankle was crushed when a truck backed over it and snapped it. Rodney had to undergo 2 surgeries. He was unable to work for an entire year. Yet, the Court of Appeals was forced to apply Justice Taylor's analysis from the Kreiner decision and they decided that Rodney's injury wasn't serious enough....

Out of work for one year? Two Surgeries? Not serious enough?

This may seem ridiculous, but that is the way Justice Taylor re-wrote Michigan's auto no-fault law when he drafted and published the Kreiner decision.

The House of Representatives recognized Justice Taylor's error and passed a bill [the Kreiner Fix bill] over a year ago to correct his re-writing of our No-Fault law. But, it remains stuck in the Senate.

I've been told by a number of friends, but I haven't been able to personally confirm, that individuals who are backing Taylor in the upcoming election [he is the only Justice up for re-election this year] have instructed certain Senators to keep the Kreiner Fix bill from reaching a vote until Justice Taylor has been safely re-elected.

The funny thing is, none is this would even be an issue if Justice Taylor just called "balls and strikes" as opposed to legislating from the bench. In a recent Saturday evening meeting with Cass County Republicans, he told them that it was his belief that the role of the judge is not to make policy, but to interpret the words of the statute or constitution at issue.

I couldn't agree more.

If he had only acted in this fashion when the Kreiner case came before him, Mr. Rodney McCormick would have had his day in court. Instead, he's left with permanent scarring from 2 surgeries as a life-long reminder of the year in his life that was taken from him by a negligent driver and Justice Cliff Taylor.

Justice Taylor went on to say to Cass County Republicans that his judicial philosophy might earn him the undying enmity of certain kinds of folks. He mentioned the labor unions and trial lawyers. But he didn't mention Republicans. I'm a Republican and I take issue with the manner in which he has legislated from the bench. I've talked to other Republicans who feel the same way.

Justice Taylor's re-election campaign isn't about Republicans v. Democrats or trial lawyers v. tort reformers. It's about individuals who believe in a proper system of checks and balances where one branch doesn't rise in power above the rest. Remember Mr. McCormick when it's time to vote in November.

Originally posted at InjuryBoard by Tim Smith

Driving Safely in Winter

Tim Smith — Tue, 18 Dec 2007 14:45:18 GMT

Winter has come early here in Northern Michigan, at least a little earlier than it did last year. Now that the roads are covered in snow and ice, we have to use a little extra caution as we race about town looking for that last Xmas gift. We all need to keep in mind the following safe driving tips as we head into the coldest months of the year here in Northern Michigan.

When driving in the winter, it's important to remember the 3 P's:

Prepare for the Trip
Protect Yourself
Prevent Car Crashes on the Road

Prepare for the Trip:
First, it's important to properly maintain your car. Keep an eye on your tire tread, windshield wipers, wiper fluid, antifreeze and your battery. This isn't the time of year to get caught out in the cold with a dead car.

Second, always have the following on hand in your car in case of an accident:
Jumper Cables, shovel, blankets, flashlight, warning devices/flares, snow brush and abrasive material like kitty litter or sand. For longer trips, add water, cell phone and food to the list.

Third, if you are stopped or stalled and there's no help around, stay with your car. Put bright markers on your antenna and shine your interior lights if it's night time. If you can run your car, run it just enough to keep the heat on and stay warm, but make sure your exhaust pipe is clear.

Fourth, practice driving in cold weather. Rehearse handling your car on ice or snow in a local parking lot. Also, remember to always steer into a skid to avoid losing complete control of your auto. Always remember what your brakes will do; anti-lock brakes? stomp on them, non-anti lock? Pump them.

Lastly, keep in mind that stopping distances are much longer on water-covered snow and ice.

Protect Yourself:

Make sure you buckle up and secure your children in the appropriate child safety seats. Also, never place an infant seat that is rear-facing in the front seat of a car equipped with a front passenger air-bag. Lastly, Children 12 and under are always safest in the back seat.

Prevent Crashes:

It's Christmas Party season, so if you're going to drink, make sure you have a designated driver. You don't want to end up like this guy. Next, slow down your speed on all roadways and give yourself a little extra distance between autos. Lastly, keep your eyes peeled for pedestrians walking in the roadway - especially downtown...... they're everywhere.

If you keep these tips in mind, you and your loved ones should have a safe and happy Christmas Season.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Tim Smith

What Are My No-Fault Rights?

Page Graves — Wed, 21 Nov 2007 07:10:28 GMT

Michigan consumers are shocked when they learn that their auto insurer is not their advocate but instead is their primary adversary. Despite responsibly paying those costly premiums for mandatory auto no-fault insurance, injured accident victims are repeatedly dismayed when they learn that their very own no-fault insurer's/adjuster's strategic goal in handling their claim is to find (or many times, manufacture) an excuse to deny paying medical bills and lost wages. Michigan consumers need to know what their legal rights are and how to fight back to recover the benefits they paid for, for all those years without having to make a claim.

Your No-Fault Rights and What You Must Do to Protect Them

Introduction

This article provides you a general understanding of your rights under the Michigan No-Fault Insurance Law. It also provides you helpful suggestions to protect your potential benefit claims. This article is not all-inclusive because there are several exceptions and exclusions to No-Fault benefits which may be applicable to your claim or case; therefore, you should not rely on this brochure as legal advice.

Your Legal Rights

When you are involved in an automobile accident, you are entitled to certain benefits under the Michigan No-Fault Insurance law, regardless of fault. Your basic no-fault benefits potentially available to you include coverage for your medical expenses, wage loss, household assistance and survivor's loss.

Your auto insurance company is required to pay these benefits to you within 30 days from when it receives reasonable proof of your claim, e.g., copies of your medical records validating your injury and temporary disability from work. If your insurance company does not pay your benefits after 30 days, it is also required to pay you 12% interest per annum as to each claim. If your auto insurer unreasonably denies your claim, you may also be able to recover reasonable attorney fees.

Also recognize that because you were injured, you may have a separate legal claim against the at-fault driver, the owner of the vehicle involved and/or your own insurance company (if the at-fault driver was not insured), for fair compensation for your injury, disfigurement, pain and suffering.

What Should You Do If Your Auto Insurance Company Does Not Pay or
Denies Your Claim?

You must file a lawsuit within 12 months from the date that you incurred the particular expense not paid or denied; otherwise, you will lose all rights to be reimbursed for that particular expense. While you have 12 months to file a lawsuit, it is advisable to seek legal representation as soon as you are experiencing difficulty with your auto insurance company so that your lawsuit/claim is properly documented and preserved.

Regrettably, this rule applies to incapacitated persons and children, neither of whom can understand or appreciate their own legal rights. That was the politically driven result reached by Michigan's current supreme court in Cameron v ACIA. Therefore, brain injured victims and children desperately need their advocates to monitor their medical bills for them to make sure a lawsuit is filed timely.

Your No-Fault Benefits

Medical expenses: all reasonable charges for products, services and accommodations reasonably necessary for your care, recovery or rehabilitation for injuries caused by the auto accident. These benefits are available to you for as long as you live. Common examples include hospital care, doctor visits, physical therapy, and prescriptions and family provided attendant care; related expenses may also include mileage to and from the medical care providers or handicapper modifications to your home and/or vehicle.

Importantly, your no-fault insurer cannot direct or dictate where, when or why you receive medical care. You should resist any attempt by it or a nurse case manager it assigns to you, to manage your care. And regarding nurse case managers, you can choose your own too and not accept the person "assigned to you". The assigned case manager typically has one motivation and that is to please the no-fault insurer's ultimate goal: reduce payments.

Wage loss: you are entitled to a minimum of 85% of your lost wages for time off due to your injuries caused by the auto accident. This benefit is available to you for up to 3 years from the date of the accident but is subject to a maximum monthly benefit, adjusted every year by the Michigan Insurance Bureau.

Replacement services: you are entitled up to $20.00 dollars a day for up to 3 years from the date of the accident, for reasonably incurred expenses for ordinary services performed by family or friends, that you traditionally performed but now cannot because of your injuries. Examples of such services include, but are not limited to, ordinary household tasks like mowing the lawn, cleaning, laundry, etc.

Survivor's loss: the dependents (spouse and children) of a deceased individual who is killed in an automobile accident are entitled to a survivor=s loss benefit for up to 3 years from the date of the accident, subject to the same maximum monthly benefit formula applied to wage loss.

Coordinated Benefits & Setoffs

If you have other health or accident coverage through you employer or spouse, you may have purchased coordinated auto no-fault coverage for a lesser premium. If so, then your health coverage is primary and your auto coverage only pays for expense not covered by your primary health coverage.

Whether you have purchased coordinated no-fault coverage, your auto insurer is able to reduce your benefits that are available to you under state of federal law. A critical exception is that neither Medicare nor Medicaid is responsible for medical expenses when no-fault coverage is available. In that instance, no-fault is always primary.

What Should You Do?

A. If injured, immediately seek legal counsel regarding your potential claim for injury, disfigurement and suffering against the other driver.

B. Immediately file an Application for No-Fault Benefits with your insurance company. Failure to do so within 12 months of your automobile accident will prevent you from ever obtaining those benefits that you are entitled to receive.

C. Monthly, submit a claim letter for reimbursement of medical expenses, wage loss and replacement services. Always include your name, claim number and date of the accident. Always submit, if available, copies of your receipts, work releases or notes from your doctors or your employer, and summaries of household jobs done on your behalf (see below).

Medical Expenses:

A. Inform all medical providers (hospitals, doctors, etc.) of your insurance company name and claim number.
B. Submit copies of all receipts for medical expenses incurred (e.g., prescriptions) to your insurance company.
C. Keep a log or diary of all miles driven to and from medical providers.
D. Request letters from physicians/therapists recommending needed expenditures for rehabilitation devices or equipment.
E. If requested to submit to an independent medical exam set up by your insurance company, take a family member or friend with you and time the duration of the entire exam.

Wage loss:

A. Request letters or notes from your doctor(s) who have placed you on work restrictions with the applicable dates; diary or log each and every day missed from work (if an hourly employee, calculate hours for potential overtime loss).

Replacement services:

A. Orally or in writing agree to pay family members or friends up to $20.00 dollars a day for help around the home.
B. Diary or log all services performed on your behalf identifying the nature of the service performed and who performed it.
C. Request letters or notes from your doctor(s) who have placed you on general restrictions (e.g., no lifting).

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Page Graves

Handicap Passenger Safety Issues Raised by Recent BATA Bus Accident

Page Graves — Wed, 14 Nov 2007 08:30:59 GMT

Are handicap passengers adequately informed about safety belt accesibility when riding public transportation? That question was brought to the forefront on November 13, 2007, when a handicapped woman from Traverse City, Michigan, was injured when she was projected out of her wheelchair when the public BATA bus she was riding slammed on its brakes to avoid a collision. The BATA bus driver acknowledged that although the bus was equipped with seatbelts for wheelchair restricted passengers, "she likely wouldn't have seen it". The big question is: Why not? Fortunately for the injured passenger, the Michigan No-Fault Automobile Insurance Act mandates that her medical bills be and other benefits be paid (depending on the facts, most likely by BATA).

On Tuesday, November 13, 2007, a 61 year-old handicapped Traverse City, woman was seriously injured while riding a BATA bus that stopped suddenly to avoid an accident. The injured passenger indicated she was not aware that the BATA bus had seats belts avaialble and this was confirmed by the bus driver, John Weaver: "The belt is located behind the spot for wheelchairs and she likely wouldn't have seen it, he said.".

The topic of handicap passenger safety is not new. According to the Department of Veterans Affairs, most accidents to wheelchair passengers occurred with them falling out of their wheelchair. In this regard, the report indicated in pertinent part:

"Most of the 1988 to 1996 incidents involved the rider falling out of the wheelchair or the wheelchair tipping over or moving during vehicle maneuvers. Only 6 percent of the incidents were reported to have involved a collision."
The study further indicates that more efforts need to be implimented to improve handicap passenger safety. In this regard, the study states: "[R]elatively few efforts have been undertaken to investigate and to improve transit bus passenger safety. Compelling evidence suggests passenger safety is not a high-priority concern given that the transit bus is one of the safest modes of transportation."

Aside from safety issues facing passengers on public transportation, like BATA, all such passengers qualify for benefits payable and mandated by the Michigan No-Fault Automobile Insurance Act [MCL 500.3101 et seq]. The operative sub-section is 500.3114(2). In short, BATA must pay benefits provided a passenger either (a) is not a named insured on a no-fault policy of his/her own; or (b) is not domiciled in the same household as a resident relative. All no-fault beneficiaries must give written notice to all applicable no-fault insurers of the loss within one year of the accident. MCL 500.3145(1). Further, all expenses incurred (e.g., medical bills) must be submitted and paid withing one year they are incurred; otherwise, the injured person becomes liable for the bill(s). MCL 500.3145(1).

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Page Graves

Fatal Car Accident in Elk Rapids

Tim Smith — Tue, 06 Nov 2007 16:07:15 GMT

Authorities report that Nicole Ridgeway, 17, was driving north on Elk Lake Road at about 8:00 a.m. Saturday, October 27, when she lost control of her car on a curve and slid across the road into a power pole. The Elk Rapids High School senior was rushed to Munson Medical Center with passengers Jonathan Hosner, 20, of Elk Rapids and Andrew Bussa, 20, of Kewadin. Nicole Ridgeway died shortly after the crash while Andrew Bussa died at Munson Sunday and Hosner was found to be in fair condition at the hospital on Monday.

A passing vehicle noticed the accident at approximately 8:15 a.m. and called 911. The Jaws of Life had to be used to extricate the victims from the car accident scene. Nicole Ridgeway was known around the Elk Rapids community as a very bright and well rounded teen who had thoughts of attending college and majoring in psychology.

Services for Ms. Ridgeway were held at the Elk Rapids High School Auditorium at 7:00 p.m. on Thursday, November 1 from 5:30 p.m. to 7:00 p.m. Services for Andrew Bussa were held at the Sacred Heart Catholic Church on Charles Street from 5:00 p.m. to 8:00 p.m.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Tim Smith

Car Accident Insurance Coverage

Tim Smith — Mon, 05 Nov 2007 16:01:23 GMT

When you ask your insured's agent to provide you with "full coverage", are you really getting what you think you're getting? Most people never really look at or understand what they've bought until it's too late...

If you look at the coverage sheet or declaration page of your car insurance policy, the first line might look something like this "Bodily Injury - 100/300". Bodily injury coverage is mandated in Michigan at a minimum level of 20,000/40,000. This means that your auto insurance company will pay up to $20,000 per person but no more than $40,000 per accident to an individual or group of individuals that you harm as a result of negligent driving of your car. Whether you carry the minimum coverage at 20,000/40,000 or a higher amount up to $1,000,000 single limit, this is money that your company compensates another for your negligence. But what about those accidents where you are injured by a drunk driver who has run a stop light and crashed into your car? Later you find out that the person was not only driving drunk, but was driving uninsured, so there is no car insurance to cover his negligent acts. Or what if you are catastrophically injured by an individual who is only carrying the bare bone minimum of auto insurance coverage here in Michigan? Would $20,000 in bodily injury be enough to compensate you for the injuries you sustained in the car accident? Probably not.

That is why the most important coverage for you as a driver is underinsured or uninsured motorist coverage. This is car insurance coverage that covers you when you are injured by the negligence of an uninsured driver or an underinsured driver. Many times I've had clients come in, having sustained catastrophic injuries only to find out that the negligent driver that caused the injury was uninsured. I ask to see a copy of their policy and explain that I am looking for uninsured or underinsured motorist coverage and invariably am told by the client that they have "full coverage" so it should be there. This is simply not the case.

Underinsured or uninsured motorist coverage is not mandated by law in Michigan and it is optional coverage. It is also very inexpensive to purchase compared to the bodily injury coverage that is mandated by law.

More often than not, we find out after the car accident that the client's "full coverage" did not include underinsured or uninsured coverage which leaves them without any recourse or compensation for the injuries that they have sustained.

In the case where a client has been in an auto accident and suffered catastrophic injuries only to find out that the negligent driver was underinsured with a 20,000/40,000 policy, the client's underinsured motorist coverage can come into play. In this scenario, if the at-fault driver only had the statutory minimum of $20,000 in bodily injury coverage and the client has a $300,000 single limit policy, the client can recover $20,000 from the negligent driver's insurance company and an additional $280,000 from the client's own insurance company for a total of $300,000 in coverage for the injuries sustained.

Contact your insurance agent now to make sure that your "full coverage" includes this critical car insurance coverage. Some companies do not offer it and if that is your situation, switch companies immediately. It's the only way to protect you and your family from the negligence of uninsured and underinsured drivers.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Tim Smith