Author Archives: ckrupp

Can I Collect Last Wages If I Am Not Working? - Grand Rapids Auto Accident Attorney

CAN I COLLECT LOST WAGES IF I AM NOT CURRENTLY WORKING? – AUTO ACCIDENT BENFITS

The No-Fault Act normally requires your insurance company to pay lost wages only for work you “would have performed” but for the injury. As a result, the loss of the capacity to work is not usually compensated as a first-party benefit, unless it results in an actual loss of earnings. There is one exception to this rule: Anyone who is “temporarily unemployed” at the time of the injury may have the right to collect wage loss benefits based upon his or her last month of full-time employment.

It is clear that laid-off or striking workers can collect wage loss benefits during their disability period: the legislature specifically mentioned them in defining temporary unemployment. On the other hand, a worker who suffers a second disabling illness or injury probably cannot college wage loss benefits, because the Michigan Supreme Court does not consider such a person to be “temporarily unemployed.”

If you have a history of gainful employment, or if you were actively seeking work at the time you were disabled you may be entitled to first-party wage loss benefits. You should make a claim for lost wages based on your last full-time job or your anticipated job and consult a lawyer.

As of this writing, the survivors of a temporarily unemployed person who is killed in a car accident cannot collect lost wages from his or her insurer based on this provision. Because there is no logical reason for this distinction, it is possible that this rule will change.

KRUPP LAW OFFICES PC
GRAND RAPIDS AUTO ACCIDENT ATTORNEYS
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or mail@krupplaw.com

OTHER PERSONAL INJURY TOPICS:

What If the Other Driver is from Out of State or Uninsured? - Grand Rapids Auto Accident Attorney

WHAT IF THE OTHER DRIVER IS FROM OUT OF STATE OR UNINSURED?- GRAND RAPIDS AUTO ACCIDENT ATTORNEY

Anyone who drives in Michigan, or who allows his or her car to be driven in Michigan, becomes subject to the insurance laws of this state. As a result, non-resident drivers have the same obligations and enjoy the same protection as a Michigan motorist. Similarly, any insurance company which sells insurance in Michigan must provide Michigan insurance benefits even if their contract with a non-resident motorist would not normally require it.

Uninsured motorists, on the other hand enjoy few of the protections of the law. An uninsured motorist who negligently causes injuries is responsible for all medical expenses, all property damages and any vehicle damage. Usually, such people cannot pay for the damage they cause, though, which is why you should purchase uninsured motorist protection for your family.

KRUPP LAW OFFICES PC
GRAND RAPIDS AUTO ACCIDENT ATTORNEYS
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or mail@krupplaw.com

OTHER PERSONAL INJURY TOPICS:

What if the Insurance Company doesn't Pay “FIRST-PARTY” Benefits? - Grand Rapids Auto Accident Attorney

WHAT IF THE INSURANCE COMPANY DOES NOT PAY “FIRST-PARTY” BENEFITS? – GRAND RAPIDS AUTO ACCIDENT ATTORNEY

First-party benefits are due thirty (30) days after written proof of the loss is submitted to the insurance company. In the way of proof, most companies require that you submit a copy of their claim form, along with appropriate wage stubs, hospital records and invoices, and billings from any other provided of services.

If the insurance company delays payment more than thirty (30) days after receiving reasonable proof of the particular loss, it may have to pay 12% interest on the amount due. If a Court later decides that the insurance company was unreasonable in failing to make a disputed payment, the Court can award the injured person punitive interest; it can also order the insurance company to pay the injured person’s attorney fee.

It is essential to provide complete proof of loss at an early date so that benefits are not delayed and interest begins to run. You should normally keep a copy of all records provided to the insurance company along with a copy of your cover letter listing what was provided and when. In this way, you can later prove that you fulfilled your obligation to the insurance company. Remember than one you have made a claim against the insurer, you cannot count on the company or its employees to look out for your best interests. You must protect yourself. It is a wise idea to have an attorney review any submission you make to the insurance company. This can be done on an hourly basis. A firm handling your third-party claim may be willing to review this matter at no charge to you.

Do not forget the “one year back” rule: if the insurer does not make prompt payment, you must initiate suit within one year of incurring the expense, or your right to collect it will probably be lost entirely.

KRUPP LAW OFFICES PC
GRAND RAPIDS AUTO ACCIDENT ATTORNEYS
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or mail@krupplaw.com

OTHER PERSONAL INJURY TOPICS:

WHAT DO I DO IF I HAVE BEEN INVOLVED IN A CAR ACCIDENT?

WHAT DO I DO IF I HAVE BEEN INVOLVED IN A CAR ACCIDENT?

Here is a checklist of things to consider if you are involved in a collision.

Notify the police immediately.

Notify your own insurance company, in writing, as soon as possible.3

Use good sense when discussing the accident. Do not give interviews or statements explaining the accident without consulting a lawyer.

Immediately provide your own insurance company with any necessary information to verify wage losses and medical expenses. Payments are due thirty (30) days after written proof is submitted.

6. Buy a notebook or receipt book or use your computer to keep track of replacement services provided on a daily or weekly basis. Again, a written verification of these billings must be sent to the insurance company. Keep a copy for your records. The billings normally must be signed by the provider.

7. If your insurance company does not promptly agree to pay first-party benefits, send written notice to every other insurance company involved in the matter and contact a lawyer. Be mindful of “one year back,” especially where there are audits or delays in payment or priority. Save your “Explanation of Benefit” forms.

8. If you may be charged with responsibility for someone else’s injuries, especially if those injuries may exceed your policy limits, consult a lawyer to protect you from excess liability.

9. Do not attempt to negotiate a settlement on your own and don’t negotiate any check with a restrictive legend such as “full payment.” If you do, at least consult a personal injury lawyer to review the terms of the settlement on your behalf before signing any document. Consider an hourly retention: you have that choice.

Consult a lawyer to review the amount of first-party benefits you are receiving. A lawyer should provide this review for no charge or for a minimal fee if your situation is complex.

Preserve evidence. Keep the car or any failed party and take photographs of the site, the vehicle and any injuries. Preserve the names and addresses of witnesses.

In selecting a lawyer, be sure you hire a firm that has experience in the area of your needs. Since most firms work for the same contingent fee of one-third, you can hire the best firm for the same price.

This pamphlet is not a substitute for a lawyer. It is intended to help you understand what your rights are, and how to use a lawyer. Any discussion of the law which is this brief must, of necessity, oversimplify many issues. Furthermore, the legislature has developed the habit of revising the No-Fault Act almost yearly, and our printer cannot always keep up with the changes. In this age of competition amount attorneys and free consultation, there is no excuse for failing to consult a lawyer if you have any questions. Just be sure the consultation is, in fact, free.

Most attorneys specialize. Under rules established by the Michigan Supreme Court, personal injury cases are frequently handled on a one-third contingent free basis. When that arrangement is selected, the attorney fee you pay depends on the amount of compensation you recover. Be sure the lawyer you contact specializes in this area of law.

KRUPP LAW OFFICES PC
GRAND RAPIDS CAR ACCIDENT ATTORNEYS
161 Ottawa NW Suite 404
Grand Rapids MI 49503
616-459-6636 or mail@krupplaw.com

OTHER PERSONAL INJURY TOPICS: