Expert: Bennie719 - 4/23/2009

Question
Last Oct. my 87 yr. old mother was a passenger in a motor vehicle accident in Traverse City, MI. Michigan is a "no fault" state. My mother was in the intensive care unit for 4 days, and a patient there for 14 days before being released. Her auto ins. co. handled all of her medical bills totaling $53,000.00. She sustained 5 fractured ribs, a fractured sternum, and a contusion to her heart. I flew to Michigan from Okla. to care for her and bring her home. She had to endure several weeks of painful physical therapy & breathing treatments. She has recovered approx. 98%, which we are so thankful for. I sent a copy of all of the dr.s reports, and bills paid by her insurance co. to the other ins. co. almost two weeks ago. I was wondering what she might be entitled to regarding pain and suffering, and what the time frame might be to settle this?

Answer
Hello Revy,
The statue of limitations in Michigan on an injury claim is 3 years.
This means that the claim must be settled and your mother has a check in hand 1 day before the accident date is 3 years old or file a lawsuit which automatically extends the statue date.

Although I have many years of experience in the insurance industry,
they all have been in states with TORT liability.  I have no experience dealing with no-fault.

In my opinion, your best next step is to consult with a Michigan attorney who specializes in personal injury claims and has trial experience.

I assume that your mother now resides with you in Oklahoma.  You can
contact the county attorney referral service (it's free) in the county where the accident occurred (or where your mother resided) and they will provide you with the names and numbers of 4-8 qualified attorneys.

You need to consult with at least one or more before attempting to put a value on your mothers claim.

I hope that you found this information helpful.  Your feedback by rating my response will be appreciated.

Sincerly,
Bennie
San Francisco Bay Area