Detailed Answer
Under Michigan law, an injured passenger can seek compensation through two primary avenues: first-party no-fault insurance benefits and third-party liability claims against the at-fault party.
No-Fault Insurance Benefits
Michigan’s No-Fault Act (MCL 500.3101) requires all motor carriers and bus operators to carry personal injury protection (PIP) insurance. As a passenger, you may file a PIP claim with the insurer of the vehicle that struck the bus or your own auto insurer if your policy provides coverage. Benefits include:
- Medical expenses, including past and future treatment.
- 80% of lost wages for up to three years (MCL 500.3107).
- Replacement services if you cannot perform household duties.
Link to statute: MCL 500.3101 and MCL 500.3107.
Third-Party Liability Claims
If you suffer a “serious impairment of body function” (MCL 500.3135), you can sue the negligent party—whether it’s the bus driver, bus company, or another motorist. A successful negligence claim requires proving:
- Duty: The bus operator owed you a duty of care to drive safely.
- Breach: The operator violated standard safety rules or traffic laws.
- Causation: The breach directly caused your injuries.
- Damages: You sustained measurable losses—medical costs, pain and suffering, or lost income.
You generally have three years from the date of the accident to file a personal injury lawsuit under MCL 600.5805(10). Link: MCL 600.5805.
Steps to Pursue Compensation
- Seek immediate medical attention. Document your injuries and treatment.
- Report the accident to law enforcement and obtain a copy of the police report.
- Notify the bus company and your insurer in writing. Provide dates, times, and witness information.
- Gather evidence: photos of the scene, bus damage, and injuries.
- Track all expenses: medical bills, travel for appointments, and lost income.
- Consult a qualified attorney to evaluate whether your injuries meet the “serious impairment” threshold.
Helpful Hints
- Keep a daily journal of symptoms and recovery progress.
- Retain all medical records, bills, and receipts.
- Get names and contact details of witnesses.
- Respond promptly to insurer requests to avoid benefit delays.
- Understand the one- and three-year filing deadlines to protect your rights.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.