Michigan Car Accident Lawyer

Is a Michigan car accident really two separate claims?

Yes. The first is a no-fault claim against your own auto insurer for medical care, wage loss and household help. The second is a liability claim against the driver who caused the crash, which covers losses no-fault does not pay.

The two claims run on different rules and different clocks. The no-fault claim does not depend on who was at fault. The liability claim depends heavily on fault and on whether your injuries are serious enough to pass the state's threshold. Many people handle the first claim alone and only later learn that a mistake there, such as a missed notice or an unsigned form, weakened the second.

How much will no-fault pay for my medical care?

That depends on the PIP medical limit on the policy that applies to you. Since the 2019 reform, Michigan drivers choose a level, and some people now have far less coverage than they assume.

If you were hurt in someone else's car, or as a pedestrian, the policy that pays may not be your own. Michigan uses a priority order that usually starts with policies in your household. When no policy applies, the Michigan Assigned Claims Plan may assign an insurer.

When PIP runs out, the at-fault driver can be held responsible for allowable medical expenses beyond your limit. That claim for excess economic loss does not require meeting the serious-impairment threshold. Wage loss beyond what PIP pays, and wage loss after PIP's 3-year period ends, can also be pursued against the driver. These excess claims have made the other driver's bodily injury limits much more important than they were before the reform.

When does a Michigan injury qualify for pain and suffering?

You need death, serious impairment of a body function or permanent serious disfigurement. Most cases turn on the middle category.

A serious impairment must be objectively shown, for example by imaging, nerve testing or a physician's findings, and it must affect an important body function in a way that changes your ability to lead your normal life. It does not have to be permanent, and there is no set number of weeks it must last. We document how work, household chores, sleep, recreation and family life changed after the crash, because that comparison is often what decides the threshold.

How does Michigan's fault rule change what I recover?

Your recovery is reduced by your share of fault, and once your share goes above 50 percent, pain and suffering is no longer available. Excess economic losses remain recoverable, reduced by your percentage.

Picture a crash at a busy intersection on Woodward Avenue where both drivers claim a green light. A jury values the injured driver's pain and suffering at $200,000 and excess medical and wage loss at $60,000.

• At 30 percent fault, the driver recovers $140,000 for pain and suffering plus $42,000 in economic losses.
• At 55 percent fault, pain and suffering drops to zero, and the driver recovers $27,000 in economic losses.

Traffic signal timing, nearby business video and vehicle event data are often the difference between those outcomes.

What makes Michigan roads especially risky?

Long winters, heavy commuting and a large deer population put Michigan drivers in harm's way. Each hazard raises its own questions about fault and coverage.

• Lake-effect snow along the west side of the state can bring sudden whiteouts.
• Freeze-thaw cycles open potholes on freeways and city streets, causing blowouts and swerves.
• Deer collisions peak in the fall, and a crash caused by swerving around a deer can still involve another driver's fault.
• Long construction seasons narrow lanes on metro freeways.

Rideshare crashes in Detroit, Ann Arbor and Grand Rapids add commercial coverage questions, which our rideshare and taxi accident team sorts out. A driver who causes a crash while impaired may also expose the bar that over-served them to a claim.

What should you do first after a Michigan crash?

1. Get medical care and tell your doctor about every symptom.
2. Report the crash to police and get the report number.
3. Notify the correct no-fault insurer in writing and submit the application for benefits.
4. Keep a daily log of how your injuries limit you.
5. Check whether you carry uninsured and underinsured motorist coverage, which is optional in Michigan.

People hit while walking face similar priority questions, explained on our pedestrian accident page. If a semi was involved, see our Michigan truck accident page, and for other state rules visit our Michigan injury overview. We offer a free case review, and you pay no fee unless we win.