1.  Count the number of drinks consumed.  A drink is defined as one ounce of 100 proof liquor; one, 12-ounce bottle of beer; or five ounces of         wine. 

            2.  Look at the chart, below, for the appropriate BAC.

 

            3.  From the BAC on the chart below, subtract the amount of alcohol eliminated since the first drink.  The rate of elimination varies based on the factors stated above.

 

 

            Some people use .015% which is a slow metabolic rate, others use a .02% per hour. Use both as a high and low rate to arrive at a reasonable range. 

 

            The formula above and data below are for general information purposes only, and should not be used in a criminal prosecution or civil case.   

 

Chart for Females

Number of Drinks

 

 

Chart for Males

Number of Drinks

 

 

Example: A 180 lb. man began drinking beer at 1:00 p.m., and consumed 8 , 12 oz. Cans by 3:00 p.m..  He was in a car crash at 3:30 p.m.  What was his BAC at the time of the crash?

 

STEPS #1 & #2: According to the male chart above, 8 beers for an 180 lb. man results in a BAC of .167%.

 

STEP #3: From .167% subtract (.015% x 2.5 hours), which results in a BAC of .1295% at crash time. .015% is a slower dissipation rate, and 2.5 hours is the time elapsed between the first beer and the crash.  Then, from .167% subtract (.02% x 2.5 hours), which results in a BAC of .117%.  This time we used a faster rate of disspiation of .02%.  The BAC range is, therefore, .117% to .1295%, both of which qualify this man to be charged with OUIL.

 

 

II.  SUMMARY OF RELEVANT CRIMINAL LAWS

 

Criminal Sentencing/Administrative Consequences - Repeat Offender (Alcohol Convictions)

Prepared by Michigan Dept of State/DLAD Ð January 4, 2001

 

 

 

Criminal Sentencing/Administrative Consequences - Repeat Offender (Driving While Suspended Convictions)

 

 

*For purpose of immobilization, priors are defined as prior mandatory additional suspensions/revocations imposed pursuant to ¤904 (10), (11) or (12); not prior convictions of DWLS.

 

 

License Actions Imposed By Secretary of State

 

 

Substance Abuse Offenses

 

 

Commercial Driver License Offenses

 

 

Juvenile Offenses

 

 

Felony Offenses

 

 

Other Offenses

 

 

 

LEGEND:

 

257.625(1)=OUIL/UBAC/OUID (Drugs)                          257.625a=Blood/Chemical Test-PBT

257.625(2)=Knowningly Allowing Another to OUIL       257.625b=Licensing Actions for Ct

257.625(3)=OWI                                                                  257.625c=IC

257.625(4)=OUIL/OWI/Death-15yr felony                       257.625d=Report

257.625(5)=OUIL/OWI/Serious Injury=5yr felony          257.625e=Notice Procedure

257.625(6)=Zero Tolerance                                              257.625f=IC Hearing Authority

257.625(7)=Child Endangerment                                    257.625g=Permit

257.904(1)=Operator/Chauffeur DWLS                          257.625h=Prevention/Equip Funds

257.904(2)=Knowingly Allow DWLS                                257.625i=Audit

257.904(3)=DWLS(1)(2)Penalties                                   257.625j=Repealed

257.904(4)=DWLS causing Death                                  257.625k=Ignition Interlocks

257.904(5)=DWLS causing Serious Injury                    257.625l=Ignition Interlocks

257.904(6)=DWLS/Death/or Serious Injury                  257.625m=CDL-.04 BAC for CMV

257.904(7)=Knowingly Allowing DWLS/Death              257.625n=Forfeiture

257.904(8)=Prosecution list prior convictions

257.904(9)=Requirements to establish a prior

257.904(10)=Mandatory like additionals

257.904(11)=Mandatory 30 day suspensions              257.904c=Plate Confiscation

257.904(12)=Mandatory CDL additionals                      257.904d=Immobilization Penalties

257.904(13)=Same incident language                           257.904e=Immobilization: Manner

257.904(14)=Police provide Ct w/driving record           257.904f=Immobilization/Plate on LEIN

257.904(15)=Protecting human life exception

257.904(16)=CDL Driving Suspended/Revoked

257.904(17)=SECOND 904 SUSPENSION REQUIRES IMOBILIZATION

257.904(18)=Single Free FAC/FCJ Violation Exception

257.904(19)=Definition of never applied.

 

 

Immobilization Chart MCL 257.904d & 904e

Alcohol*

 

*Priors include: Murder or Manslaughter with vehicle, 625m, Neg Hom & all those listed above. MCL 257.904d(8).

-OUIL  Operated Under Influence Liquor

-OUID Operated Under Influence Drugs

-UBAC Unlawful Blood Alcohol Content

-OWI   Operating While Impaired

 

Driving While License Suspended/Revoked/Denied**

 

 

**Prior additionals are defined as additional mandatory suspensions imposed pursuant to MCL257.904(10)(11)(12) or former MCL257.904(2) or (4) for driving during a period suspension or -DWLS/R Drove While License Suspended/Revoked

 

General Requirements:

Defendant must provide VIN# and plate# to court

Immobilization starts afer imprisonment

Immobilization applies if defendant is owner, co-owner, lessee or co-lessee

If defendant is not the owner, immobilization applies if owner knowingly permitted defendant to operate vehicle

Does not apply to vehicle registered in another state

Immobilization is defined in MCL257.904e

 

Prepared by Michigan Dept of State/Driver License Appeal Division 1/1/2001

 

 

II.                  CRIME VICTIM'S RIGHTS LAW

 

A.  Michigan's Constitution

 

            In a poignant tribute to Mother's Against Drunk Driving's efforts in the late 1980's and early 1990, the people of this state amended the Michigan Constitution.  Under this Constitution, victims of crime have the following rights:

 

!                    The right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.

!                    The right to timely disposition of the case following the arrest of the accused.  

!                    The right to be reasonably protected from the accused throughout the criminal justice process. 

!                    The right to notification of court proceedings.  

!                    The right to attend trial and all other court proceedings the accused has the right to attend.

!                    The right to confer with prosecution. 

!                    The right to give a statement to the court at sentencing. 

!                    The right to restitution. 

!                    The right to information about the conviction, sentence, imprisonment and release of the accused.

 

 

B.  Michigan Statute

 

1.  What is a "crime victim"?

 

            A "crime victim" is an individual who suffers direct or threatened physical, financial or emotional harm resulting from a crime.  A crime is the violation of a penal law of Michigan which is punishable by imprisonment for more than one year, or expressly designated as a felony.  In the situation where a person victimized by a crime is dead, a crime victim includes the deceased's spouse, child, parent, guardian or custodian of a minor child, sibling or grandparent.

 

2.  What are law enforcement's duties?

 

        Within 24 hours after a law enforcement agency contacts the victim of a crime, that agency must give the victim in writing the specifics of available emergency and medical services, the availability of victim compensation benefits along with the address of the victim compensation board, the address and telephone number of the prosecuting attorney the victim should contact regarding victims rights, and a written statement that goes as follows:           

 

"If you are notified of an arrest in your case, you may call this law enforcement agency at . . . for the status of the case."

 

 

        Then, no more than 24 hours after the defendant is arraigned for his crime, the responsible, investigating law enforcement agency must inform the victim of the defendant's pre-trial release, the telephone number of the sheriff, and notice that the victim may contact the sheriff to learn whether the defendant has been released.  However, if the defendant directly or indirectly presents a threat of physical violence or intimidation to the victim, the defendant's bond may be revoked.  

 

 

3.  What are the prosecuting attorney's duties?

 

            No more than seven days after a defendant's arraignment for a crime, the prosecuting attorney must give a written notice to each victim a brief statement of the procedural steps of a criminal case, a specific list of rights and procedures, how the victim should proceed if he or she is subjected to threats or intimidation, and the person in the prosecutor's office to contact for further information.  Upon the victim's request, the prosecuting attorney must give the victim notice of all scheduled court proceedings and changes in the schedule.               

 

One of the most heralded portions of the Crime Victim's Rights Act is, that before finalizing any negotiation that will result in a dismissal, plea, sentence bargain, or pretrial diversion, the prosecuting attorney must allow the victim the opportunity to voice his or her views about how the criminal case will be resolved.  This does not mean, however, that the prosecuting attorney and court must follow the victim's opinions or recommendations.  It is an opportunity, nevertheless, to make clear to all law enforcement agencies how you would like things to proceed.             

The law further requires that each court provide a waiting area for the victim apart from the defendant, defendant's relatives, and defense witnesses.  If there is no separate waiting area available in the courthouse, reasonable safeguards must be used to keep the victim separated from anyone associated with the defense.  The purpose of this is to minimize intimidation or potential threats of physical violence against the victim.       

 

If you request it, the prosecuting attorney must confer with you before selection of a jury and prior to the criminal trial.  You then have a right to be present throughout the trial unless you are going to be called as a witness.  In that event, you will be kept out of the courtroom until after you have testified. 

 

The prosecuting attorney where the crime is being handled must advise the victim of the following:

 

!                     The defendant's conviction.

!                     The crimes for which defendant was convicted. 

!                     The victim's right to make a written or oral impact statement, which will be used in the pre-sentence investigation report covering the                          defendant.

!                     The address and telephone number of the probation officer who will prepare the pre-sentence investigation report. 

!                     That a pre-sentence investigation report, and any victim impact statement included in it, will be available to the defendant. 

!                     That the victim has a right to make an oral impact statement at the time of sentencing.

!                     The time and place of the sentencing.

 

 

            After sentencing, the prosecuting attorney must provide the victim with a form to  fill out and ensure you receive further notices concerning the defendant's status.  In the event of an appeal, the prosecuting attorney must notify the victim of the entire appeals process.  The Department of Corrections must likewise notify the victim of the convicted defendant's whereabouts, including the hearing for parole.  At the parole hearings, the victim must be given an opportunity to address orally or submit a written statement for consideration by the parole board.  This would be similar to the victim impact statement given at the time of sentencing.

 

4.  What are the victim's duties?

 

            With these victim rights are responsibilities.  The law obliges the victim to keep the prosecuting attorney's office notified of his or her address and telephone number at least until the criminal case is completed.  This includes after the time of incarceration, when you must let the Department of Corrections or sheriff know your address and telephone number if you want to continue receiving information on the defendant.    

 

On the subject of the victim impact statement, you may explain the nature and extent of any physical, psychological or emotional harm you suffered as a result of the crime.  It may be simple or elaborate, there are no specific rules.  You may explain the nature and extent of your economic loss or property damage.  You may ask for restitution and reveal to what extent you have already received compensation for your injuries.  Finally, and most importantly, you may recommend an appropriate sentence.  The victim impact statement is not easy, and many times, with the fresh memories of the crime still in mind, victims tend to elaborate far beyond the usefulness of the impact statement.  Therefore, it is important to sit down with your attorney, not the prosecutor, to help draft a victim impact statement.  At the same time, spontaneity at sentencing has proven to be a very moving experience.

 

            Then, not only will the judge sentence the convicted defendant, but he or she will often issue an Order of Restitution.  

 

5.  What is an Order of Restitution?

 

            The law requires the defendant to make full restitution to any victim of the defendant's criminal conduct.  If the crime resulted in damage to, loss or destruction of property, the restitution order may require the defendant to return the property to its owner or a person designated by the owner.  If that is impossible, impractical or inadequate, then the court may order defendant to pay an amount equal to the value of the property on the date of its loss or on the date of sentencing, whichever is greater.  The court may order the defendant to pay the cost of seizure or impoundment of property.  If the crime results in a physical or psychological injury, the Order of Restitution can require the defendant to pay for actual medical and related professional services and devices, an amount equal to the cost of actual physical therapy and rehabilitation, lost income, psychological and medical treatment for members of the victim's family, homemaking and child care expenses, funeral and burial expenses.                

 

In addition, the court may order restitution in the form of services rather than money. Restitution can be made to the victim's estate, if he is deceased.  The court also can order restitution to agencies, individuals or other entities that have compensated the victim or the victim's estate for losses.  However, anything paid to the victim under a restitution order, must be set-off against any compensation in a civil case related to the criminal one.

 

6.  The Michigan "Son of Sam Law"

 

            The convicted criminal defendant may not under any circumstances derive profit from the sale of his recollections, thoughts and feelings regarding the offense he committed, until the victim receives restitution or compensation, which the court ordered the defendant to pay, along with the expenses of incarceration.  This is known as the "Son of Sam" law, named after a criminal who called himself the "Son of Sam," and later was convicted in a string of brutal murders and rapes in New York City, then attempted to profit by writing a book about his life.  In the "Unabomber" case, the Sacramento federal judge issued an Order of Restitution requiring Theodore Kasczinzki to turn over all profits to the court from book and movie deals, in order to compensate the victims of his monstrous bombing spree.

 

 

III.                MICHIGAN'S NO FAULT AUTOMOBILE CRASH LAWS

 

A.  INTRODUCTION

 

            In 1973, Michigan's legislature passed the No Fault Automobile Insurance Act, completely changing how automobile and truck death and personal injury cases would be handled. Then in 1996, the Michigan legislature revised the methods of compensating those victimized in motor vehicle crashes. For those hurt or killed, the law provides benefits irrespective of fault; however, the law substantially altered and tightened the right to file a lawsuit against those who drive negligently.

 

            For every automobile accident occurring in Michigan or involving a Michigan resident out-of-state, there are three potential claims:            

 

1.      Personal Protection Insurance claim or lawsuit for PIP/first party/no fault benefits covering economic losses;     

2.      A negligence claim or lawsuit against the party at fault for non economic losses; and,             

3.      A claim to recover for collision damage to your vehicle.  

 

 

            Today's law has its advantages and disadvantages over previous compensation systems. One advantage is that your auto insurance company must quickly pay economic losses or it may be penalized. Under the pre-1973 system of compensation, you had to sue the negligent party to recover out-of-pocket damages. This usually took several years, and you remained financially strapped during that time.   A disadvantage today is your ability to sue a negligent driver for conscious pain and suffering, mental and emotional distress, lost enjoyment of life, and damage to your motor vehicle is impaired. Additionally, an automobile lawsuit may take several years to resolve, so you may not see rightful compensation during this time.  

 

            The no fault automobile law arguably makes it easier for non-attorneys to collect certain benefits. However, as you will see, the method of obtaining compensation and the strict time limits for bringing suit are complicated, and usually require an attorney's assistance. 

 

 

2. PERSONAL INJURY PROTECTION (PIP)/ FIRST PARTY/NO FAULT BENEFITS

 

1.  What are they?

 

            If you sustain accidental bodily injury in a motor vehicle accident, you may recover the following PIP/first party/no fault benefits from your auto insurance company: 

 

            a. Medical expenses for life, including medical mileage;

            b. Wage losses for up to three years;

            c. Replacement services expenses for up to three years; and

            d. In death cases, survivors' benefits for up to three years, and a one-time death benefit. 

 

 

These losses are actual, tangible, economic losses as opposed to non-economic losses (such as conscious pain and suffering that we will discuss later) which you would claim against the at-fault negligent driver.  

 

a. Medical Expenses.  By law, you are entitled to recover "all reasonable charges incurred for reasonably necessary products, services and accommodations for an injured person's care, recovery or rehabilitation." Your automobile insurance company must pay these benefits for life, in an unlimited amount so long as they are "reasonable and necessary." 

 

Medical expenses include bills for doctor and hospital services, medicine, orthopedic devices and other medically necessary equipment (e.g., computers for those with traumatic brain injury; or fully equipped vans for transportation of paraplegics and quadriplegics). Medical expenses also include private duty nursing services, unskilled nursing services (sometimes including those which family members perform), modifications to vehicles and residences, medically necessary foods, apartment rent, and several types of rehabilitation, including vocational rehabilitation.              

 

In short, medical expenses include virtually anything reasonable and necessary to your health damaged by an auto crash. Reasonably necessary services include more than health care services, such as casting broken bones, surgery, physical therapy or head injury therapy. The law also includes on occasion the costs associated with a guardian and conservator appointed as the result of incapacity arising from injuries in an automobile accident.               

You are also entitled to receive "medical mileage"; however, the maximum amount available per mile (e.g., up to $.26/mile) varies with each insurance company. It includes miles driven to and from the doctor, hospitals, therapy, pharmacy, etc. for care and treatment of an accident related injuries.  

 

b. Wage Losses.  You may recover wage losses from your automobile insurance carrier for up to three years from the date of the accident. You will receive 85% of your gross wage (the other 15% is considered money you would owe in taxes), unless your tax rate is lower.  In that case, you would be eligible for a greater share of your gross wage than 85%.         

 

In addition to the normal understanding of wages for purposes of computing the loss, salary increases, overtime, step increases, shift premiums and COLA may also be included in the computation.  If you use sick and vacation time negotiated in a collective bargaining agreement through your union, then the PIP carrier may have to reimburse these to you as lost wages, because the negotiated benefits of your employment are lost to you. 

 

c. Replacement Service Expenses vs Attendant Care.  You may recover for up to the first three years after an accident as much as $20.00 per day for expenses

 

"reasonably incurred in obtaining ordinary and necessary services in lieu of those that, if he had not been injured,

an injured person would have performed . . . " 

 

For example, if you can no longer perform household duties, due to your accident, such as mowing the lawn, laundry, housecleaning, etc., replacement service benefits are available.  Anyone, including a family member, may provide services and be compensated, so long as this person did not provide them before the accident. Also, your promise to pay the person rendering replacement services is enough. Actual payment is not essential to making a claim.  If you do not use the maximum amount available each day, you lose the difference, because replacement services benefits may not be stockpiled.      

 

A related benefit is known as "attendant care" services.  These are not limited by the $20.00 per day maximum, are more like skilled or unskilled nursing services that are limited only by what is "reasonable and necessary." (See "Medical Expenses" above). 

 

d. Survivor and Death Benefits.  By law, if an insured is killed in a motor vehicle crash, his or her dependents may recover survivor benefits

 

"which consist of a loss, after the date on which the deceased died, of contributions of tangible things of economic

value, not including services that dependents of the deceased at the time of his death would have received

for support during their dependency from the deceased if he had not suffered the accidental bodily injury causing

death. . . "       

 

Survivor benefits are lost financial support for dependents, including the deceased's social security, pension, worker compensation benefits, medical insurance premiums and other benefits of employment.              These benefits are subject to the same monthly limitation as wage loss benefits, described above.  Also, the law reduces these benefits by the amount the deceased would have paid in taxes, but not what he would have consumed had he lived. The $20.00 per day replacement services provision is part of survivor benefits. Therefore, financial support and service expenses combined may not exceed the monthly limitation in effect on the accident date.  As with wage loss benefits, dependents may not receive survivors loss benefits for more than three years.        Additionally, in the event of death, you may claim a minimum of $1,750.00 for use in paying funeral and burial expenses.  You may purchase additional coverage in $500.00 increments at insurance renewal time.

 

 

2. What Are Coordinated v Uncoordinated PIP Benefits?

 

PIP benefits come in two forms: Coordinated (a.k.a., excess) and Uncoordinated (a.k.a., full).  If you purchased a coordinated benefits policy before your accident, your no fault carrier is secondarily liable while another insurance carrier is primarily liable for PIP benefits. For example, if you have traditional health insurance available through your employer, your no fault carrier is liable for accident-related medical bills your employer-provided health care insurance has not paid. An exception to this involves ERISA health coverage through a "qualified" plan.  If you have this through your employer, most likely your PIP coverage is primary and ERISA is secondary. Another exception is Medicare and Medicaid, which is secondary to your PIP coverage, which is primary. 

 

            The same is true if you have disability coverage through your employer. That would be primary, and the wage loss coverage of your automobile insurance would be secondarily liable, if you have coordinated PIP wage loss coverage.           

 

A few words of caution: if your primary carrier is a HMO/PPO/PPOM or other form of managed health care, first you must seek health care within your health care network.  If you elect to treat outside your network, then you must first seek the proper referral or preauthorization according to your health insurance plan's requirements. Failure to follow your health insurance policy's requirements regarding the circumstances under which you must seek a referral or preauthorization for treatment may release your PIP carrier from the obligation of paying health care bills not pre-approved or not subject to the proper referral procedures. In other words, the financial burden would fall on you to pay those bills. Please make sure you follow all referral and preauthorization procedures outlined in your health insurance contract.         

 

On the other hand, you may purchase an uncoordinated/full benefits policy. Here, your automobile insurance carrier generally is liable for PIP benefits even though they have been paid under another insurance policy. For example, if your health insurance pays accident related medical bills totaling $10,000, the no fault carrier must pay you the same amount. Therefore, the advantage of an uncoordinated PIP policy is that you are legally entitled to "double-dip." The advantage of a coordinated policy is premium savings each year.          

 

Your no fault carrier may offer at a reduced premium rate a PIP deductible of $300. Such a deductible will be specified in the policy of insurance, or on an endorsement or declaration sheet.  After an auto accident, it is important for your attorney to discover which form you have - it could make a major dollar difference to you.

 

3.  How Do Governmental Benefits Figure In?

 

            The no fault statute permits your auto insurance carrier to deduct from monthly wage loss or survivors' benefits any amount you or your dependents receive in governmental benefits. This means that if you receive workers compensation benefits for the vehicle accident for which you claim PIP benefits, the no fault carrier will lessen monthly no fault benefits by that amount.  Or, if a deceased's survivors receive government social security benefits, your PIP carrier can deduct those from no fault survivors' benefits; however, it may not deduct social security old age benefits.       

 

Critically, Medicare benefits are not a governmental benefit that can be setoff. 

 

4.  Whose Insurance Policy Pays PIP Benefits?

 

            This can be tricky.  At accident time, if you are covered by a no fault automobile insurance policy, because you are an insured motorist or reside with an insured relative, that policy will pay benefits irrespective of whether you are the car's driver, passenger or a non-occupant.  If you are occupying an employer-furnished vehicle, then that insurance must pay.              

 

If you do not have your own auto insurance policy or live in a household without no fault protection, but sustain injury while an occupant of a motor vehicle, then you must obtain coverage from the owner or operator of the vehicle occupied. If you do not have a policy yet sustain injury while a non occupant (i.e., pedestrian or bicyclist), then you must obtain no fault coverage from the "vehicle involved" in the accident. 

 

5.      What About PIP Benefits and Motorcycle Accidents?

 

A motorcycle owner or registrant must purchase liability insurance for property damage, bodily injury, or death suffered by another due to the "ownership, maintenance, or use of that motorcycle."  Also, the motorcycle owner or registrant may purchase first party medical benefits in increments of $5,000.00, payable if the owner or registrant is involved in a motorcycle accident. No wage loss coverage may be purchased the same way.          

 

A motorcyclist is not entitled to PIP benefits for accidental bodily injury if:               

 

        a. The person was using an unlawfully taken motorcycle, without belief of entitlement to it;

        b. The person was the owner or registrant of the motorcycle but no mandated insurance was purchased; or

c. The person was not a registrant of this state, or was an occupant of a motor vehicle or motorcycle not registered in this state and was not                          insured.

 

 

If the motorcyclist is entitled to PIP benefits because he sustained injuries in an accident with a motor vehicle, he may collect benefits from only the insurer of the owner or registrant of the motor vehicle, the motor vehicle's operator, or insurer of a motorcyclist who purchased medical benefits' coverage. 

 

6. When and How May You Claim Benefits?

 

            The no fault law sets-up uncompromising and perplexing time limits within which you must claim and obtain benefits. There are two related one-year statutes of limitations. First, unless you have furnished the PIP carrier a written notice within one year of the accident, or the insurance company has paid some benefit to you, you must file suit within one year of the accident to recover benefits. 

 

            If you have given written notice or your insurance company has made payment within one year of the accident, then you must sue for each unpaid expense within one year of the most recent allowable expense incurred. If you file suit timely, you may recover those expenses which you incurred not more than one year before the date the complaint was filed.

 

This becomes sticky because different insurance companies treat the law differently-some are strict and others are not.  And different courts interpret the law differently.   Therefore, with this complicated formula, you usually need an attorney's assistance.         

 

The written notice mentioned above must follow a specific form for easy insurance company processing. It must give the name and address of the claimant and indicate, in ordinary language, the name of the person injured and the time, place and nature of his injury. The no fault PIP Application (the long yellow or white form) satisfies the notice requirements.

 

7. What Does A PIP Lawsuit Involve?

 

            When your auto insurance company refuses to pay benefits or pays them inadequately, incompletely or late, you may have no choice but to file suit. This lawsuit involves a breach of the contract by your insurance company, and it is unwise to undertake this without a lawyer on your side. Such a suit involves a Complaint, which starts things going, followed by the insurance company's Answer which denies responsibility. Then each side trades written questions known as Interrogatories that the other side must answer. This is followed by your deposition and the deposition of your doctors, independent medical evaluators and other witnesses. If the case still is unresolved, it may go to mediation and trial. The whole process may take a year or more.

 

If your suit proves successful, benefits may be payable at 12% per annum interest. In addition, if the Court determines that your insurance company acted unfairly when dealing with you, your attorney is entitled to a reasonable fee for his services. 

 

 

C.     THIRD PARTY/NEGLIGENCE CLAIMS FOR NONECONOMIC INJURIES

 

1. Whom May You Sue and For What May You Sue?

 

The next claim the law authorizes you to make is against the at_fault, negligent driver for non_economic injuries. These damages include conscious pain and suffering, lost enjoyment of life, mental and emotional distress, and lost love and companionship, for example. 

 

            In addition, if your accident related economic losses exceed those your PIP insurance paid, you may sue the negligent driver for them as well. For example, if your monthly lost wages exceed the limitation mentioned in Section II, 2, above, you may sue to collect the excess. You may sue also for excess funeral and burial expenses, and medical bills. 

 

            Under the pre-1973 tort system of compensation, you needed to prove the other driver acted negligently causing your loss in order to receive compensation. But that has changed.  Now, you must prove an additional element: one or more of three threshold injuries: a) death, b) serious impairment of a body function, or c) permanent serious disfigurement.           

 

Consider these threshold injuries as barriers over which you must pass in order to go from injured but uncompensated to injured and compensated.

 

The "death" threshold is obvious. However, in 1996, the Michigan legislature redefined the meaning of a "serious impairment of a body function." The new law provides:

 

"Serious impairment of a body function means an objectively manifested impairment of an important body

function that generally affects the person's general ability to lead his or her normal life."