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Numerous Michigan auto accidents involve business travelers, vacationers, or those just traveling through the state to another destination.  A substantial number of serious collisions occur on the major highways and freeways that run through Michigan, including I-75, I-94, I-96 and 80, as well a number of other major roadways.  Visitors to Detroit and even Northern Michigan find themselves injury victims in car accidents.

When an out-of-state resident is injured in a Michigan car accident, they are often subject to the car accident laws in this state. Therefore, if you were injured in Michigan as an out-of-state driver, consider reaching out to a knowledgeable and compassionate lawyer at Buckfire Law to discuss your legal options.

Depending on your circumstances, you might be able to receive compensation for your losses by filing a claim.

Out of State Drivers in Michigan Car Accidents

Before recent changes in Michigan no-fault insurance law, an out of state resident injured in a Michigan car accident might be eligible for payment of benefits.  However, this is no longer the case and a non-Michigan resident cannot receive payment of medical expenses, lost wages, and other benefits under the Michigan no-fault insurance system.

Under the new law, an out-of-state resident, can only get paid Michigan no-fault benefits unless “the person owned a motor vehicle that was registered and insured in this state.” MCL 500.3113(c).

Because few out-of-state residents have a motor vehicle registered and insured in Michigan, almost no out-of-state resident will now qualify for no-fault insurance benefits.

Canadian Residents Injured in a Michigan Crash

Because of how close Michigan is to Canada, our firm regularly receives claims from Canadian drivers about car accidents within the state. Like other out-of-state drivers, Canadians have legal options and rights while in Michigan, and can recover compensation in a civil case.

For Canadians, two kinds of claims can be filed. A personal injury claim can help them recover compensation against an at-fault motorist and their insurance company. Here, numerous types of damages can be requested. Additionally, a claim through no-fault insurance may also be filed, depending on the circumstances. However, this only applies if the injured driver’s own insurance company is certified within Michigan. On these no-fault claims, a one-year deadline exists from the date of the crash.

Lastly, an injured Canadian resident can also pursue benefits through the Ontario accident benefits regulation program. This program is similar to no-fault insurance, and may cover numerous damages, such as lost wages and medical costs.

Out-of-State College Students and Car Insurance

An out of state college student injured in a car crash within Michigan may be able to make a claim for no-fault insurance benefits. This is a tremendous help for many students, because this form of insurance may pay for unlimited medical expenses and household chores. If a student is working even part-time to pay for college at the time of the accident, the student may also be able to receive payments for lost wages.

However, many college students and their parents mistakenly believe that they can simply maintain their auto insurance policy from their home state and that this will provide them with the same protection as an insurance policy issued in the state. Unfortunately, if the college student drives their car for more than 30 cumulative days in Michigan without a no-fault insurance policy, the student may be not be entitled to receive any benefits at all.

Further, if the student is the title holder of the vehicle and is not insured under a no-fault insurance policy, that student may be considered an uninsured driver. Under these circumstances, the student may be precluded from suing a negligent driver who causes an accident and injures the student—this is true even if the college student is injured by a drunk driver.

College students attending school in Michigan from other states and their parents should contact their insurance company to add an addendum to the auto insurance policy to add the no-fault coverage. Or, in the alternative, have the automobile insured through an agent in the state that provides a certified no-fault insurance policy. Once this is done, the college student will be properly insured to drive in the state and receive all protections and benefits under the no-fault insurance laws.

Michigan Residents Injured in Another State

Similar to a visitor’s rights, a Michigan resident who is injured in a crash while out-of-state may be able to make a claim for no-fault benefits within the state. To do so, the injured motorist must have their own auto insurance policy or reside with a family member who carries eligible coverage. Like any crash situation, a Michigan resident injured in an out-of-state crash might also be able to pursue compensation against an at-fault driver through a civil claim.

Can I Sue for Pain and Suffering Damages?

Even if you do not qualify for no-fault insurance benefits, an out-of-state resident can usually still sue a negligent driver for a bodily injury claim.  These are claims against the at-fault drivers auto insurance policy for pain and suffering type damages.  Recoverable damages include compensation payouts for physical suffering, mental anguish, disability, and loss of enjoyment of life.

Michigan out of state car accident lawyer

Call a Michigan Out of State Driver Car Accident Lawyer

If you were injured in a motor vehicle wreck in Michigan as an out of state motorist, you may feel as though you have no legal options. However, by consulting with a knowledgeable accident lawyer, you could work to understand your legal rights and pursue compensation for your losses.

However, because of important deadlines and legal nuances, building a claim as soon as possible may prove beneficial. Call a legal professional today to begin working on a claim.

To get started on your case, call Buckfire Law now.  We charge no legal fees unless you win a settlement.

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