Michigan Answer and Defenses - Mobile Home Accident

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Multi-State
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US-PI-0187
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Word; 
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This form is a sample answer and defenses filed by the defendant in a personal injury action alleging that the defendant's faulty installation of stairs led to the injury and ultimate death of the plaintiff.
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FAQ

Michigan has owner's liability. Under Michigan law, if a person was driving your car, with your ?express or implied consent or knowledge,? and got in a crash, you are ?liable for an injury caused by the negligent operation of the motor vehicle.? MCL 257.401(1).

Under Michigan law, the penalty for leaving the scene of an accident that does result in a serious bodily injury will usually result in a felony which may result in a fine up to $5,000, five years in prison, and a driver's license suspension.

If you are in a No-fault state like Michigan, it also does not matter who happens to be at-fault for causing the car accident. These insurance benefits are paid regardless of fault and regardless of who causes the crash, which is why these states are called ?No-Fault.?

(1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are ...

In Michigan, even not-at-fault accidents can lead to an increase in car insurance rates. On average, drivers who experience a not-at-fault accident may see their rates increase by 10% or more, depending on the insurance company and state regulations.

In Michigan, however, most at-fault accidents stay on your record for seven years. Accidents involving fatalities or DUIs stay on your record permanently. You can find out the specific time frame for your state by checking your state's Department (or Bureau) of Motor Vehicles website.

Your no-fault insurance DOES NOT pay for repairs to your car if it is damaged in an accident. If your car is properly parked and hit by another car, the other driver's no-fault coverage will pay for the damage to your car.

In essence, the doctrine of sudden emergency says that when a defendant is confronted with such a ?sudden emergency? that is ?unusual or unsuspected? and the situation is not of his or her own making, and that the defendant is using ordinary care yet is not able to avoid the collision that he sees and comprehends ...

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Michigan Answer and Defenses - Mobile Home Accident