GRAND RAPIDS, Mich. — Everyone knows the old Christmas song, Grandma Got Run Over by a Reindeer, giggling over the lyrics and the thought of Grandma laying on a heap of snow.
But consider the hypothetical. Grandma is crossing the street and she really IS run over by a reindeer, who happens to be part of a modified sleigh that is motorized, has four wheels, and was designed to be operated on a public highway. What exactly are Grandma’s rights? Does she have a claim of pain and suffering against Santa’s insurance company?
We asked Michigan Auto Law attorney Brandon Hewitt to help us sort it all out.
Hewitt said, “because the modified sleigh meets the definition of a motor vehicle under Michigan’s No-Fault law, this qualifies as a motor vehicle accident, and, thus, Grandma is entitled to No-Fault benefits.”
He explained that the benefits will pay for her medical bills and her lost wages if her injuries disable her from returning to work. Hewitt said Grandma’s No-Fault benefits will be paid by her auto insurance company, or the insurer of her spouse or a relative who lives with her, or through the Michigan Assigned Claims Plan if no coverage is available through those sources.
He said, to be able to receive No-Fault benefits, Grandma must file her application with the responsible auto insurer within one (1) year of the accident – or the insurance will be able to legally able to deny her claim and refuse to pay all No-Fault benefits.
Good news for Grandma. Hewitt said she may also be able to sue for pain and suffering compensation if she can prove two things:
- First, Grandma must prove that the reindeer/Santa driving the modified sleigh was at-fault for causing the accident that injured Grandma, meaning that the driver may have been distracted or speeding or violating traffic laws and/or otherwise not using the ordinary care that reasonably careful driver would use.
- Second, Grandma must prove that her accident-related injuries have caused her to suffer a “serious impairment of body function,” which means that Grandma’s injuries have resulted in a serious impairment of an important body function which has affected her general ability to lead her normal life.
Hewitt went on to explain who Grandma should sue for her pain and suffering compensation, and how much of a settlement she could sue for. He also explained how this might all go down if Grandma was not crossing in a crosswalk or she was driving her own vehicle.
If you have a messy legal situation that requires the expertise of an attorney call 833-411-MICH or visit www.MichiganAutoLaw.com.
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