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Auto Accident 1.17.2022

Common Reasons Why Auto Insurance Companies Deny Michigan Car Accident Insurance Claims

In Michigan, you may take the proper driver safety precautions, drive defensively, and follow all traffic laws, but the risk of being involved in a car accident is still surprisingly high. In reporting statistics for Michigan, the Michigan Department of State Police reveals that there are 245,000 auto collisions in Michigan in some years. For example, in 2020, the death toll tops 1,083, while another 60,000 people suffer injuries. Fortunately, you have options under Michigan law, so you may be able to recover compensation for your damages and losses, if you hire an experienced car accident attorney.

There is more to the legal process than filling out a few forms and submitting them to the at fault driver’s insurance company. Insurers often deny claims by asserting many different defenses to liability, and these issues could even become the focus of your lawsuit. We feel it’s important know what defenses car insurance companies may use to hurt or your defeat your claim. You can trust a Michigan car accident lawyer to develop a winning legal strategy. We feel it’s important know what defenses car insurance companies may use to your detriment.

Statute of Limitations

In Michigan, there is a time limit for bring a car accident injury case. You have three years from the date of the crash to file a lawsuit in court, and the ramifications are severe if you miss the deadline. If you miss the three year filing deadline, you will be forever barred from recovering any compensation because the insurance company will raise the statute of limitations as a complete defense to your claim. Be cautioned that the time period does not stop or get tolled simply because you are discussing settlement options with the insurer. You must actually file the lawsuit to stop the clock from ticking against you.

Comparative Negligence

To recover monetary damages in a car accident claim, you need to prove that the injury-causing crash was caused by the responsible motorist’s breach of the legal duty to drive safely. However, the focus may turn to blame you for your own driver conduct when you are trying to obtain compensation from the insurance company. If your negligence in any way played a role in  your accident, your monetary damages could be reduced by your percentage of fault or completely barred if you are mor than 50% at fault for your own injuries. Some examples of comparative negligence claimed include:

  • • Failing to take evasive action
  • Failure to maintain vehicle
  • Speeding;
  • Driving while drunk or under the influence of drugs;
  • Running red lights or stop signs;
  • Distracted by texting, talking on the phone, posting to social media, or related cell phone active use;
  • Other forms of distracted driver include, eating, drinking, or operating a GPS;
  • Failure to yield right of way; and,
  • Many others.

Pre-Existing Medical Conditions

If you were previously suffering from arthritis or hurt in an accident or suffer from certain other medical conditions, the insurance company could claim that these prior incidents or pre-existing medical conditions caused your injuries – not the car crash that is the basis for your current claim. Experienced auto accident lawyers know the strategies for overcoming these possible defenses, which usually involve medical experts and a comparison of your tests and symptoms in medical records over the period of time leading up to your car accident.

Count on Our Michigan Car Accidents Lawyers At The Joseph Dedvukaj Firm to Fight

Our goal is to provide you with useful information, but you will sleep better about when you retain a skilled legal counsel to advocate on your behalf in dealing with the insurers defenses. For more information, please call The Joseph Dedvukaj Firm at 866-HIRE-JOE or email us. We can schedule a no-cost consultation at our Bloomfield Hills Michigan office to discuss all of your options. Only pay attorney fees if we win.

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No Fees Unless We Win
The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
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