In The News

In The News

Wednesday, February 2, 2022

The Weather Outside is Officially Frightful

By Michael Nichols
Categories: Premises Liability (Slip & Fall)

... and sometimes the result is not so delightful.

Friends, midwinter is upon us, and as expected, snowstorms that blanket the region with fresh powder are a welcome sight for those hitting the slopes, but for those heading to the supermarket: you face the old-man-winter challenges: slipping, sliding, fender benders and the like.

We all have been inside the store right when a storm hits. What was just a bare parking lot when you arrived at the supermarket, is now a blanket of 1-2 inches of fresh snow. After you load the bags into the trunk, you are hurrying to get into the car and out of the cold wind, when Oooooooppss! You slip and hit the ground as you open the car door.

Injured, in pain, and laying in the snow between your car and the one next door, you shout for help! Finally, someone hears you and calls 911. What started out as a $100 dollar trip to the grocery store, turned into several thousand dollars in unexpected medical expenses and time off work.

Did you know that your No-Fault insurance policy may cover this claim? True story. No-Fault covers injuries that arise out of the use of a motor vehicle as a motor vehicle, i.e., loading the groceries into the car and getting into it. The term Michigan court use here is “alighting” from the motor vehicle.

Generally, all your medical expenses would be covered for life (if you have unlimited PIP coverage) and your time off work paid for up to 85% of your gross earnings. If someone has to help you around the house, you can recover $20 per day for up to three years from the date of the crash. Same for your lost earnings.

With the 2019 amendments to the No-Fault law, some of you may have opted for less PIP coverage. That means that you may have a cap on the amount of medical expenses covered by your No-Fault carrier. It is always worth getting unlimited PIP so that there is no question that you get the coverage you need for as long as you need it.

Call today for your free consultation.

Matthew J. Heos

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Peer Recognition

Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.