Dave Christensen is the greatest lawyer inside and out.” - Tashee P. - Oak Park, MI
David made sure all of my medical bills were paid for.” - Antonio D. - Livonia, MI
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They took my case to trial & won me a great settlement.” - H.H Davidson
No fault insurance may be your first line of defense following a motor vehicle accident, but where there are serious injuries that coverage may not be enough to compensate you for your loss. Sometimes, you have a Third Party claim against the at-fault driver as well.
Accidents are usually caused by one or more drivers making a mistake. Those drivers’ negligence or carelessness can cause them to be considered “at fault” for the accident. In some cases, an at-fault driver can be financially responsible for damage done to your car, and for other losses not covered by your no fault benefits.
To receive compensation from the at-fault driver, you will need to file a “Third Party” lawsuit against him or her. It’s called third party because that driver is not one of the two parties in the contract between you (Party #1) and your insurance company (Party #2).
Michigan’s no-fault insurance law only allows Third Party lawsuits when there are serious injuries involved. Before you can win a Third Party case you and your attorney will have to show you have suffered a “serious impairment of body function.” That means that your injuries get in the way of your body doing what it naturally does and affect your ability to lead a normal day-to-day life. To decide whether your injury is serious enough to bring a Third Party claim, the court will consider, among other factors:
Your medical expenses and certain other expenses are covered by your First Party claim and won’t be part of your lawsuit against the at-fault driver. Instead, your third party lawsuit picks up where the no-fault policy leaves off:
Third Party lawsuits can be very complicated. Figuring out what is covered by your insurance and what is available from the at-fault driver requires expertise and experience. The attorneys at Christensen Law have been representing seriously injured motorists for over 30 years. They can help you file your Third Party lawsuit and get you the recovery you deserve.