Driver heading NB fell asleep at the wheel and was speeding in my lane going SB. I went left to avoid her as there were kids in the yard to my right. She turned into her lane as I did this and floored it again. I went over to the shoulder and scraped the guard rail to avoid her. She hit us at approximately 50 mph with a head on/down the passenger side impact. My passenger's face was torn open to her skull in several places, her foot and sturnum are broke and she has a ruptured liver. Lots of medical fees for her. I dislocated my knee and messed up my shoulder. We both have PTSD. I bought the car 7 days before for 9400 (a great deal) and ended up not being able to find such a deal again. Paid $5000 more for the same model with less features. Toxicology reports due back in 2-8 months
To even come close to analyzing a potential settlement a full medical analysis must be done by a competent personal injury attorney with the assistance of hospital and treatment records. Michigan has an "injury threshold", i.e. if there is a serious impairment of body function and/or permanent disfigurement then a claim is possible and the amount of a settlement will depend on the medical circumstances; the extent of disability and many other factors.
A full analysis under applicable Michigan injury criteria is essential.
I agree with the prior answers about the value of the car being the least of the issues and for the need to consult with a good attorney in Michigan who specializes in auto accidents and the Michigan No Fault law. While your insurance, assuming you have collision coverage, will only pay for the actual value of your vehicle that number is negotiable. Also, a good lawyer can help you make up the difference in the price of the vehicle in other ways.
In a nutshell it depends on the scar, the effect of the injuries on your lives and the amount of insurance coverage. Hopefully the other driver/owner had a million dollar policy. Your passenger's injuries sound like a policy limits case on the limits the defendant (s) probably have. Your case would hinge on treatment, time off work etc.
The State of Michigan allows and individual in your situation to receive no-fault personal injury protection benefits. Your own insurance company will be responsible for the payment of medical expenses, 85% of wage loss, household replacement help, attendant care, and medical mileage. There are caps, limitations and notice requirements which will require the assistance of a Michigan attorney to get started. Given the severity of the injuries your attorney should also conduct a thorough investigation into the circumstances of the crash. Was the other driver drunk? Is there a potential claim against the bar where the other driver was drinking? There are relatively short notice requirements if you will be pursuing a claim against the bar. Who owned the car? Was the driver in the course of his employment at the time of the crash? With a thorough investigation you man find other potential defendants ( and other insurance policies to recover from ). Was your car insured at the time of the crash? If not, many of your claims may be limited (although this should not affect the passenger's claim). Get an attorney. And when you do, ask how much they charge. Do they charge to assist you with your no-fault benefits? Not every attorney does. Do they charge to help you replace your car? Do they charge the maximum 33% to help you regarding your pain and suffering claim or do they charge less?
It sounds from your description that the value for the car might be the smallest issue you're facing right now. It sounds like both you and your passenger had some very serious injuries I would definitely consult with an attorney as you may be entitled to considerable amount for pain and suffering.
You definitely need to talk to a qualified personal injury attorney in your area. They can protect your rights while you and your passenger focus on getting better. After what you've been through, you don't need the added stress of dealing directly with the insurance company. Good luck with this.
It is impossible to estimate a settlement in this type of forum. There are simply too many variables to give you an accurate estimate. However, you and your passenger have suffered significant injuries and you should schedule a free consultation with a local personal injury lawyer as soon as possible to discuss your rights and the potential value of your case. Do not negotiate directly with the insurance company and do not trust the insurance company to look out for your best interests. Instead, protect your legal rights and possible recovery now. I wish you and your passenger fast and complete recoveries from your accident injuries.
None of us on here can give you an estimated settlement. The value of a claim depends on the type of injuries received, the extent of the injuries, the type of treatment received, the extent of the property damage, the medical expenses, future medical, if any, the length of time treated, etc.
Additionally, there may be insurance limit issues to deal with.
You should consult with an experienced MI personal injury attorney asap. Although most attorneys don't take on property damage cases alone, some PI attorneys will assist with the property damage if you are a PI client.
Consultations are generally free, so you have nothing to lose. Unrepresented individuals are often taken advantage of.
