Car accidents can be stressful and confusing, especially when you’re dealing with injuries and other damages. If you contributed to the accident in any way, you may be wondering if you’re still entitled to recover damages.
In Michigan, the answer to this question is "yes, but." Let’s explore what that means.
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Understanding Michigan’s No-Fault Insurance System
Michigan operates under a no-fault insurance system, which means that regardless of who caused an accident, each party’s insurance company is responsible for paying for their injuries and damages. This system is designed to streamline the claims process and avoid lengthy lawsuits.
However, in some cases, victims may be able to sue the at-fault driver for additional damages that exceed their insurance coverage. To do so, they must prove that the other driver was more than 50% at fault for the accident.
What Is Contributory Negligence?
Contributory negligence is when a person’s actions or inaction contribute to an accident. For example, if you run a red light and someone else hits you, you may be partly responsible for the accident. In other words, you contributed to the accident.
In Michigan, if you contributed to the accident in any way, your damages may be reduced or even eliminated altogether. This is because Michigan follows a modified comparative negligence rule.
Michigan’s Modified Comparative Negligence Rule
Michigan’s modified comparative negligence rule states that if you’re less than 50% at fault for the accident, you can still recover damages, but they’ll be reduced by your percentage of fault. For example, if you’re found to be 20% at fault for an accident that caused $10,000 in damages, your recovery would be reduced by $2,000 (20% of $10,000), leaving you with $8,000 in damages.
If you’re found to be 50% or more at fault for the accident, you can’t recover any damages. Your recovery is completely barred under Michigan law.
Why You Need an Experienced Attorney
Proving fault and determining damages in a car accident case can be complicated, especially if you contributed to the accident in any way. That’s why it’s essential to have an experienced attorney on your side.
Your attorney can work with you to gather evidence, assess damages, and negotiate with insurance companies to ensure that you receive the compensation you deserve. They can also help you navigate Michigan’s complex no-fault system and fight for your rights in court, if necessary.
Conclusion
If you’ve been in a car accident and contributed to the accident in any way, you may still be able to recover damages in Michigan. However, your recovery may be reduced or eliminated depending on your percentage of fault.
That’s why it’s critical to seek the advice of an experienced attorney who can help you navigate Michigan’s no-fault system and fight for your rights. With the right legal help, you can recover the damages you need to move on from your accident and get back on the road.