Auto Insurance Claims: Michigan No Fault Auto Insurance, auto insurance carrier, short term disability


Question
Here is the background to my question.  In December of 2009 I was the restrained front seat passenger in a pick up that was travelling on the expressway.  The driver "hit" some ice and lost control of the the vehicle.  The vehicle then struck the median wall at approximately 70 mph.  Because of the accident I suffered 2 broken ribs, torn chest/stomach muscles, and possible internal injuries(I have a CT scheduled for tomorrow). The driver was not injured. Due to my injuries I have been unable to work since the accident, going on 9 weeks.  I am a police officer so I was in good shape, with no medical problems, prior to the accident. I have short term disability through my employer and have been getting 60% of my net wages from this.  Under Michigan's No Fault Auto Insurance Laws, I have been getting paid 85% of the remaining 40% (net wages) from my auto insurance carrier.  Because these payments are based on my net wages (and I still have to pay taxes on this amount) can I request payment from the driver's insurance company to supplement my remaining lost wages and the taxes that I will have to pay on my insurance claims?  I'm not looking to get rich, only provide for my family like I was able to prior to my accident. Thank You

Answer
Steve,

I'm not licensed in Michigan but I believe that you would be entitled to the monies you seek.  The basic rule of thumb is that you are entitled to be "made whole" by the tortfeasor (responsible party) in the incident.  Of course the other carrier may fight you on this.

My suggestion is to retain an attorney to represent you.  Your injuries are certainly serious enough that any reasonable attorney would handle your case.  I know you're not looking to get rich but you shouldn't let the insurance company get away with collecting premiums from you for your whole life and then not paying you for your injuries when you are truly deserving.  

Just my two cents...

I can find you a well respected attorney in your area if you need some help.

Best regards,

Ernest Ferraro