Can you as an at fault driver with plpd insurance get money for pain and suffering? 5 Answers as of March 27, 2012

My dad had a car accident with a driver with plpd. He broke his sternum and severe hematoma back damage and he is now in a nursing home. Can he sue the driver for pain and suffering. His insurance is paying the medical bills and the value of his car. The car was brand new. He lost 300 dollars on the value of the car.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Yes he can, but are you saying your father was at fault or the other driver was at fault.
Answer Applies to: Michigan
Replied: 3/27/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
It really depends on how "at-fault" he was. Michigan law has comparative negligence, whereby a Plaintiff injured must be less than 50% at fault for the accident in order to collect that percentage of damages assessed by the Jury.
Answer Applies to: Michigan
Replied: 3/27/2012
Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
Sure, as long as he was insured, even plpd, he is eligible to sue the at fault driver, your right to sue is not limited by the amount of insurance you carry.
Answer Applies to: Michigan
Replied: 3/27/2012
Koning & Jilek, P.C.
Koning & Jilek, P.C. | Jonathan Neal Jilek
Call a lawyer right away. Plpd is not generally relevant to the issue of whether pain and suffering damages can be obtained.
Answer Applies to: Michigan
Replied: 3/27/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
It appears that your father was severely injured. If you are implying that the other, and at fault driver, had no collision and only the minimum required coverage there will be an issue of collectability. Your father, on the other hand, may have the possibility of additional recovery depending on his policy.
Answer Applies to: Michigan
Replied: 3/26/2012
Click to View More Answers: