Dealing With Insurance Companies After A Truck Accident In Michigan
When you are involved in a truck accident, the aftermath can feel overwhelming. Beyond the physical pain and emotional distress, dealing with insurance companies becomes an immediate concern. As personal injury attorneys in Michigan, we’ve seen firsthand how difficult these conversations can be for injured victims. Truck accident cases often involve more than one insurance carrier, complex liability issues, and serious financial stakes. That’s why it’s so important to understand your rights before speaking with any insurance adjuster.
In Michigan, truck accidents are governed by both state no-fault insurance laws and traditional negligence principles. The law allows victims to recover benefits from their own insurance company, and in certain cases, pursue damages from the at-fault driver or trucking company. Understanding how these laws apply to your case is critical when communicating with insurers.
Understanding Michigan No-Fault Insurance After A Truck Accident
Michigan’s no-fault system, found under MCL 500.3101, requires all drivers to carry personal injury protection (PIP) benefits. After a truck accident, your own insurance company is responsible for paying medical bills, wage loss, and household replacement services—regardless of who was at fault. These PIP benefits provide immediate help but do not include compensation for pain and suffering or other non-economic damages.
In serious truck accident cases, victims often suffer permanent or severe injuries. If your injuries meet the legal threshold under MCL 500.3135, you may be able to file a third-party lawsuit against the at-fault driver or trucking company. These claims fall outside the no-fault system and allow recovery for pain and suffering, disability, loss of enjoyment of life, and more.
Be Cautious When Speaking With Insurance Adjusters
After an accident, you might be contacted by an insurance adjuster from the trucking company’s insurer or another involved party. They may sound helpful, but remember—they are not on your side. Their goal is to limit the company’s liability and settle your claim for as little as possible.
We always tell our clients not to give a recorded statement or sign anything without speaking to an attorney first. Insurance adjusters are trained to ask questions that can later be used to downplay your injuries or shift blame. Even seemingly harmless comments can be used to weaken your case.
Identifying All Insurance Policies That May Apply
Truck accidents often involve commercial vehicles that carry multiple layers of insurance coverage. In addition to the driver’s policy, there may be policies held by the trucking company, cargo company, vehicle owner, or third-party maintenance providers. Commercial policies also typically include higher coverage limits, which is important in high-damage cases.
We thoroughly investigate every source of insurance coverage to ensure our clients don’t leave money on the table. It’s not uncommon for multiple policies to contribute to a settlement or verdict. Knowing who to pursue—and when—is key.
Proving Negligence And Building Your Claim
If your injuries are serious and you qualify to pursue a third-party claim, you’ll need to prove that the truck driver or another party was negligent. That might involve showing the driver violated hours-of-service rules, failed to maintain their vehicle, or acted recklessly. We collect evidence including:
- Police reports
- Black box data (electronic logging devices)
- Maintenance records
- Eyewitness statements
- Surveillance or dashcam footage
Our goal is to build a clear and compelling case so that the insurance company has no choice but to offer fair compensation—or face trial.
FAQs About Insurance Issues After A Truck Accident In Michigan
Do I Have To Talk To The Trucking Company’s Insurance Adjuster?
No. You are not legally required to speak with the other party’s insurer. In fact, we recommend against doing so without legal representation. Anything you say could be used to reduce or deny your claim.
What Benefits Will My Michigan No-Fault Insurance Cover?
Your no-fault policy will pay for your medical expenses, lost wages (typically up to 85% for up to three years), and replacement services like household help. These benefits apply no matter who caused the crash. However, they do not cover pain and suffering or long-term disability.
When Can I Sue The At-Fault Truck Driver Or Company?
You can file a third-party lawsuit if your injuries meet the threshold of serious impairment of body function under MCL 500.3135. This includes injuries that affect your ability to live your normal life. In those cases, you can seek damages for pain, suffering, and emotional distress.
Can I Recover Damages From More Than One Insurance Company?
Yes. Truck accidents often involve multiple responsible parties and insurance carriers. We evaluate every available policy—from the driver, trucking company, cargo handlers, or third-party maintenance contractors—to maximize your recovery.
What If I Was Partially At Fault For The Accident?
Michigan follows a modified comparative fault rule under MCL 600.2959. If you are found to be more than 50% at fault, you cannot recover non-economic damages like pain and suffering. If you are 50% or less at fault, your damages will be reduced by your percentage of fault.
Is There A Deadline To File A Claim Or Lawsuit?
Yes. In Michigan, the statute of limitations for personal injury lawsuits is generally three years from the date of the accident under MCL 600.5805. Claims for no-fault benefits must usually be submitted within one year. We encourage contacting an attorney as soon as possible to avoid missing important deadlines.
Why Do I Need A Lawyer If I Already Have Insurance?
Even your own insurance company may try to limit payouts. We ensure that all benefits are paid properly and that third-party claims are pursued for full compensation. Our team handles negotiations, gathers evidence, and protects your rights at every stage of the process.
Call Ravid & Associates, P.C. If You’ve Been Hurt In A Michigan Truck Accident
At Ravid & Associates, P.C., we’ve spent decades fighting for injury victims across Michigan. If you’ve been in a truck accident, let us deal with the insurance companies while you focus on healing. We have offices in Southfield and serve clients across Detroit and the entire state.
If you or a loved one has been injured in a truck accident, we are here to help. Call our Detroit truck accident attorney at Ravid & Associates, P.C. today at (248) 948-9696 to receive your free consultation.
