There are two interesting facts about Michigan: First it has the poorest maintained highways in the US. Second, a majority of Canadian Snowbirds cross the Detroit and Sarnia bridges to travel to Florida as compared to any other border crossing. It is a quick and easy route to access US Hwy I-75 – south.
If a Canadian has been injured in an accident in Michigan they have three years from the date of the incident to file a lawsuit against the at-fault driver for the injuries sustained.
Michigan is a comparative fault state. In general, if you were partially responsible for the car accident, you may still recover damages in a lawsuit for your injuries. However, the amount of those damages will be reduced by the percentage of your own fault. This is referred to as “comparative fault.” For example, if the injured person is 20% responsible for the accident and the at-fault driver is 80% responsible, the victim’s damages will be reduced by 20%. However, if you are more than 50% at fault you cannot recover any compensation.
When bringing a personal injury lawsuit, Michigan law also requires you to prove your injuries are “serious enough” to bring a claim. This “threshold,” is defined as a “serious impairment of body function,” “permanent serious disfigurement,” or “death”. To help determine whether your injury meets these standards you need an experienced Michigan car accident lawyer to assess your case.
Michigan Catastrophic Claims Fund
The Michigan Catastrophic Claims Association (MCCA), is a private non-profit unincorporated association, created by the state Legislature in 1978. Michigan’s unique auto insurance no-fault law can provide unlimited lifetime coverage for medical expenses which result from auto accidents.
As of June, 2019, Michigan moved to a tiered accident benefit system subject to what Personal Injury Protection a car driver purchases. Drivers can opt out (if they have medicare), or buy limits of $50,000, $250,000 or the unlimited provision.
A Canadian Snowbird catastrophically injured in a Michigan car accident might have the unlimited PIP option imposed upon its Canadian insurer.
Michigan Snowbirds who head south for the winter continue to have access to Michigan No-fault accident benefits, regardless of what state or province the accident happens in.
Since 1983, we have been helping seriously injured motorists get the treatment and care they need to recover from their injuries and to receive compensation for their losses. We understand that it is not only the injured party that may require assistance, as often it is loved ones that face significant challenges in helping the accident victim.
Cross Border Car Accidents are Complicated. We arrange for you to speak to some of the best Personal Injury Attorneys, who are familiar with cross border accidents. They work collaboratively with other lawyers and attorneys in various jurisdictions to protect your rights and remedies.