Michigan Car Accident Injury Attorneys - Frequently Asked Questions

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A car accident is one of the most traumatic events a person can experience. Although many accidents are minor, some can cause life changing injuries. The Michigan car accident lawyers at the Lee Steinberg Law Firm fight for the money compensation and justice our clients deserve.

The harm our clients experience goes beyond medical bills, lost wages and pain and suffering. We want to ensure our highways and roadways in Michigan are safe. We aim to prevent future wrongdoing. This means holding individuals accountable when they cause a crash. It also means making sure the car insurance company pays the no-fault PIP benefits and pain and suffering they are obligated to pay following a collision.

Review our Frequently Asked Questions below and check out our driving related blog posts. If you need a free consultation from an experienced Michigan car accident attorney, fill out the contact form or give us a call. We will explain your rights in detail. We are experts in Michigan car accident law, having handled thousands of claims for individuals across the state. We have obtained hundreds of millions for our clients.

With over 40 years of experiences, our Michigan car wreck injury attorneys know how to fight for you and help get your life back on track. Remember, you don’t pay a cent until we win or settle your case.

Call the Lee Steinberg Law Firm at 1-800-LEE-FREE (1-800-533-3733) and let us help you with your car, truck, or motorcycle accident case.

Michigan Car Accident FAQs

What Steps Should I Should Take After a Michigan Car Crash?

Car accidents are scary and frightening events. The confusion and adrenaline rush can cause individuals to forget to do even simple things. However, there are basic steps every person should take following a Michigan car crash.

First, make sure everybody inside the car is accounted for and responding. If somebody is seriously injured, provide aide to them as quickly as possible. Every car should have at least a basic first aid kit, which includes bandages, blankets, band aids, adhesive tape and antibiotic ointment.

Second, call 911. Let the 911 operator know if anybody is injured so medical personnel can come to the scene as quickly as possible.

Next, make sure the police are called to the accident scene. It doesn’t matter what the severity of the accident is, call the police so a proper police report is prepared by the local authorities. When the police arrive, make sure you provide your side of the story to the responding officer.

While at the car crash scene, exchange information with the other drivers. Get their name, address, telephone number and auto insurance information.

Take photographs of the accident scene on your cellphone. This includes takings pictures of the vehicle damage to not only your vehicle, but the other vehicles as well. Take pictures of the license plates of all the vehicles in the crash too. If necessary, take video of the accident scene to preserve evidence for later use.

Following a crash, the responding police officer will complete what’s known as a Traffic Crash Report, or UD-10 Report. This report will contain the name, address and telephone numbers of all parties involved in the accident. It will include car insurance information, whether an ambulance was called to the scene, how the accident occurred, where the accident occurred, and who was at-fault for causing the accident and why.

All of these pieces of information are important. The auto insurance company for the other driver will use the police report to decide whether to accept responsibility. Your own auto insurance carrier will want the police report to evaluate the insurance claim and the payment of Michigan no-fault benefits that are available to the individuals injured in the crash.

These steps are only the beginning. It is important to also speak to an experienced and knowledgeable Michigan car accident attorney who can answer any question you have and point you in the right direction. The Michigan car wreck injury attorneys at the Lee Steinberg Law Firm handle Michigan car collisions throughout the state.

We have litigated cases against virtually every insurance carrier that sells policies in Michigan. We know what tricks they pull and what games they play. Call us at 1-800-LEE-FREE (1-800-533-3733) so we can assist you on your case.

Should I Call The Police After A Car Accident?

Yes. Always contact the police following a Michigan car crash. This is important no matter the severity of the accident.

First, a police report is necessary to quickly make a claim for vehicle damage with your insurance company. Under the Michigan mini-tort law, you can obtain up to a $3,000 for vehicle damage from the other driver so long as the other driver was at-fault for causing the accident. The police report is typically used by the car insurance carrier in determining whether to pay the mini-tort claim.

Second, a police investigation is important so the proper person at-fault for causing the accident is identified and cited by the authorities at the time of the accident. Even if a ticket is not given to the at-fault driver, the police will assign a hazard action to the at-fault driver.

The hazard action assigns negligence or fault. This information is later used by the insurance company in deciding whether to accept liability for car accident injuries. Without the report, it can be much more difficult to quickly obtain compensation.

Most importantly, the police can analyze and evaluate how the accident occurred. The police can obtain the name, address, telephone numbers and insurance information of the individuals involved in the auto crash. They can talk to witnesses and put their information in the police report.

They can obtain video surveillance of the area. A responding officer may take measurements of skid marks, record vehicle damage information or take photographs of the accident scene. All these items are important pieces of evidence that can be very important in a claim for Michigan no-fault benefits or in a negligence lawsuit.

Why Is It Important To Get The Police Report After A Car Accident?

A police report is one of the most important pieces of evidence after a Michigan car accident. Officers complete a Traffic Crash Report (UD-10) with details on everyone involved, how the crash happened, and who was at fault.

Insurance companies rely on this report to decide claims — including PIP benefits, mini-tort recovery (up to $3,000 for vehicle damage), and pain and suffering compensation, which requires the other driver to be at least 50% at-fault. Because it carries so much weight, it's important to review your report and correct any inaccuracies.

Which Car Insurance Company Pays My No-Fault Benefits?

Michigan law (MCL 500.3114 and 500.3115) sets a specific "order of priority" for which insurer pays no-fault benefits: first your own auto insurance, then a resident relative's insurance if you don't have your own, and finally the Michigan Assigned Claims Plan (MACP) if neither applies.

This order is the same whether you were inside or outside the vehicle when the crash happened, though it can change if a bus, taxi, employer-provided vehicle, or rideshare like Uber or Lyft is involved. See our full guide to the order of priority for no-fault claims →

Should I See A Doctor After A Car Accident?

Unless you are involved in the most minor of fender-benders, you should always seek medical attention following a Michigan car accident. Even if you feel fine at the car accident scene, a medical professional can evaluate you and make a sound determination as to whether you are medically okay or not.

Car accidents can cause serious internal injuries, including dissections and internal bleeding that don’t present themselves right away. An accident victim who thought he or she was fine immediately following a car accident can find themselves in a serious and potentially life-threatening medical condition merely a few hours later.

Obviously, the costs of treatment are high. But under the Michigan no-fault law, a car insurance carrier is responsible for paying auto related medical treatment. So even if you don’t have health insurance, or your health insurance is limited, your medical bills will be covered by the auto insurance carrier up to the PIP coverage limit.

It is the best practice to ask for an ambulance while at the accident scene so medical personnel can make a quick evaluation. At the very least, you should schedule a doctor’s appointment with a family doctor or visit an urgent care as soon as possible after the accident.

While at the doctor’s office, medical testing such as blood work and imaging scans can mean the difference between life and death. These imaging studies can include x-rays, CT and MRI. It is always the best policy to get checked out by a medical professional.

What If I Can't Work After A Car Crash or Car Accident?

Michigan's no-fault law provides relief if injuries keep you from working — your no-fault PIP carrier must pay 85% of lost wages within 30 days of receiving proof, including pay stubs and a doctor's disability note.

Wage loss benefits are available regardless of fault, even if you caused the accident. If you also receive short-term or long-term disability payments, your no-fault carrier may be able to offset those amounts depending on whether your policy is coordinated. See our full guide to Michigan wage loss benefits →

How Much in PIP Coverage Do I Have to Buy?

The amount of no-fault benefits available depends on how much PIP coverage you purchase.

Since a July 2020 law change, drivers can choose from unlimited PIP, $500,000, or $250,000 in coverage — with $50,000 available to certain Medicaid beneficiaries, and a full opt-out available to those with "qualified health coverage" (Medicare Parts A and B, or private health insurance that doesn't exclude or limit motor vehicle injury coverage). Before choosing the opt-out route, though, it's worth understanding why that's usually the wrong call.

Does My Own Health Insurance Cover My Medical Bills After A Car Accident?

In most cases, your private health insurance pays first, since Michigan auto policies are typically "coordinated" with health coverage — your car insurer's PIP only pays after health insurance is used.

There are exceptions though: Medicaid, Medicare, and VA insurance are always secondary to PIP, uncoordinated (or no) health insurance policies make your car insurer primary, and some self-insured ERISA health plans can override the usual order depending on their specific policy language.

It's a fact-specific question, and getting it wrong can leave bills unpaid or delayed. Our team can help sort out who's actually on the hook for your medical bills after a Michigan crash.

Should I Admit Fault After the Car Accident?

Owning up to causing a car or truck accident can be a difficult thing to do. If you were at-fault for causing the accident, then admitting fault to the other drivers and the police is not only the morally correct thing to do, but also your legal obligation.

However, if you were not at-fault for causing the car accident, it is vital to explain to the responding police officers at the accident scene how you did not cause the accident and why.

Make sure you tell the police officer in detail how the accident occurred and why another motorist was at-fault. If there are witnesses to the accident, get their names and telephone numbers.

Ask them politely but sternly to stay at the accident scene so they can give their opinions to the police. It is also important you keep the personal information of witnesses so they may be called at a later time, such as for a deposition or trial.

If you were too injured to talk to the police at the scene, make sure you follow up with the police as quickly as possible. This means contacting the police from the hospital if necessary.

It is very important they get your side of the story. Without it, they may put you at-fault for causing the crash. This can make it much more difficult to receive pain and suffering compensation for an accident you did not even cause.

Last, never admit fault to the police if you did not cause the accident. Sometimes police officers can assert blame to a driver even if that motorist did nothing wrong. Looking to finish the report and move on to the next call, the police officer may become intimidating and demand that you admit fault.

Don’t back down. If you are innocent, and did not cause the accident, stick to your guns and explain again and again why the other motorist was guilty.

Often police interrogations at accident scenes are recorded by police surveillance video.

These interrogations can be one sided, but the audio surveillance will show this. In addition, the video will show that right from the start, you were adamant about your innocence and why the other motorist did something wrong. These initial impressions from the accident scene plays well for a jury.

How Long Do I Have to File A Lawsuit Following A Michigan Car Accident?

You generally have three years from the date of the accident to file a pain and suffering lawsuit, per Michigan's statute of limitations. No-fault claims work differently — you have one year to file notice with your insurer, and a "rolling" one-year-back rule limits how far back you can recover unpaid benefits.

Special timing rules also apply for government defendants and minors, so it's worth talking to our team to confirm your specific deadline before it passes.

Who Is Responsible For Car Repair Costs Following a Car Accident?

Your own auto insurer pays for vehicle repairs if you carry collision coverage — it's optional and often skipped due to cost, but without it, you're limited to a mini-tort claim against the at-fault driver, capped at $3,000. If your car is totaled, your insurer owes you its net present cash value instead of repair costs.

Many drivers assume they have "full coverage" when they actually only have PLPD, so it's worth double-checking your policy before you need it. Learn more about Michigan's collision coverage rules.

What Kinds of Medical Records Should I Keep?

Medical records are an important piece of evidence for your Michigan car accident injury claim. They provide details as to your injuries, the diagnosis, the types of medical treatment you received and why such treatment was needed.

They also highlight whether your treating physicians relate your injuries and disabilities to the car accident. This is vital because if your own treating physicians will not relate your injuries and the need for treatment to the car accident, your ability to get compensation for your injuries is greatly compromised.

If you wish to obtain medical records, you can do so by simply contacting the hospital or doctor’s office you sought treatment from. Typically, you will have to fill out an authorization or some other form to get the process started.

When getting your medical records, also ask for any imaging studies (x-rays, CT scans and MRIs) we well. Medical records should be provided to you on a CD or through an Internet link.

In addition, make sure your medical records include any disability slips and referrals your treating physicians completed.

Most injured claimants do not get their own medical records. Medical records are typically ordered by your attorney. Copying charges can be quite expensive. Hospitals and doctors use independent medical copy services to provide medical records to attorney offices and charge accordingly. However, if you wish to obtain your own medical records, you may do so.

Should I Have My Car Damage Inspected After A Michigan Car Accident?

Yes — a repair estimate does more than get your car fixed. It shows the insurance company and, if needed, a jury how serious the crash actually was, which can strengthen your case. It also supports a mini-tort claim, where the at-fault driver's insurance covers up to $3,000 in vehicle damage (or the full amount in small claims court if they lack mini-tort coverage).

Skipping the inspection can even work against you — jurors sometimes assume a crash wasn't serious if the victim never bothered getting their car checked out. Learn more about how mini-tort claims work in Michigan.

Can I Get A Rental Car If I’m In A Michigan Car Accident?

A lot of Michigan car accidents involve severe car damage. When this happens, the vehicle will need to be repaired or the insurance company will total the car or truck. Obviously, this leaves the motorist without the use of that ride.

The stranded motorist will need to turn to an alternative form of transportation, such as a rental vehicle. Are people involved in a Michigan car crash entitled to a rental vehicle? The answer is it depends on whether your purchased rental car coverage for your own policy.

When a crash occurs, the other person’s car insurance is not applicable for the payment of a rental car. Even if the other guy ran a red light and caused all the vehicle damage that disabled your own car, their insurance company does not have to supply a rental car.

Instead, a claimant must turn to his or her own insurance carrier. If the person has purchased rental coverage, then the insurance company will pay for a rental car.

Typically, car rental coverage varies by the amount of time it will cover a rental car. In addition, the amount of coverage per day will also vary. For example, some policies may allow $75 per day in rental car coverage, while others allow much less.

Some Michigan car insurance policies will pay for a car rental for 3 weeks or longer, while others have much shorter coverage periods. It all depends on what coverage the policyholder purchased.

How Do I File A Car Insurance Claim After I Get Into a Car Accident?

The fastest way is calling your insurer directly and explaining the accident and any injuries in detail — most Michigan carriers take claims 24/7.

Get a claim number right away, since it's how every provider and representative identifies your case going forward, including medical providers billing your no-fault PIP claim.

Calling an agent or filing online works too, but tends to lose detail compared to speaking directly with a claims rep. For a full walkthrough of the process, see how to file a car accident claim in Detroit and Michigan.

Should I Hire A Lawyer For A Car Accident Injury Case?

Yes — insurance adjusters often don't volunteer benefits you're entitled to, like 85% of lost wages, out-of-pocket expenses, and payment for family members who help with your care.

On top of that, the at-fault driver's insurer is actively working to minimize your payout, sometimes hiring doctors for independent medical exams to downplay your injuries or experts to dispute fault entirely.

An attorney levels that playing field early, working with your treating physicians and pushing back on anything the insurance company throws your way. See what a Michigan car accident lawyer can do for your case.

How Long Does A Car Accident Lawsuit Take?

There are no hard and fast rules on how long a Michigan car accident lawsuit takes. Every case is different, with differing parties, witnesses, injuries and other factors that affect the speed of a case.

However, in Michigan most cases conclude within two years of the filing of the lawsuit. The lawsuit process is rather complex. After a lawsuit, or Complaint, is filed in court, the defendant has approximately 28 days to answer the complaint. When this occurs, a period known as “discovery” begins.

During discovery, the parties exchange information and get to understand the other side’s beliefs as to why they are not fault for the accident or why the plaintiff is or is not entitled to compensation for her injuries.

Discovery includes taking depositions of the parties, witnesses and experts. It involves getting written questions, known as interrogatories, answered. It also involves exchanging medical information about the plaintiff’s injuries.

When a lawsuit is filed, every judge in Michigan issues a scheduling order, which dictates how long discovery will last. The scheduling order may also give dates as to when settlement conferences will occur.

Discovery usually lasts from six to ten months, although the parties can ask the judge handling the case for more time if needed.

Once discovery is completed, something called case evaluation occurs. Case evaluation is when the lawyers for the plaintiff and defendant argue their case to a panel of three lawyers (a plaintiff attorney, a defense attorney and a neutral attorney). The panel is provided detailed briefs with exhibits by the attorneys prior to the case evaluation hearing.

The hearing typically takes place in a small conference room. The attorney for the plaintiff will submit exhibits demonstrating the client’s injuries and why the client is entitled to compensation. The defense attorney will submit documents arguing for the exact opposite.

Only attorneys attend case evaluation. At case evaluation, the attorneys for the party’s involved in the case argue on behalf of their clients for a specific award. Each side gets approximately 10-15 minutes to argue on behalf of their client to the panel. After arguments conclude, the panel will come up with a case evaluation award that day.

The award is non-binding, but if both parties accept the case evaluation award, the case settles for that amount. The parties have 28 days after the case evaluation to decide to whether accept or reject the case evaluation award.

If case evaluation does not settle the case (and is rarely does), then typically the judge will order a settlement conference. At the settlement conference, the judge will try to arrange a facilitation or some other alternative dispute resolution (ADR) process to get the case settled. Judges are very busy people and would rather see the parties work out their differences than go through a prolonged jury trial.

A trial date is usually set at the settlement conference. Trial dates can be anywhere from 2 months after case evaluation to 6 months or longer.

The length of lawsuits can vary wildly. Some cases are more complicated than others and thus will take longer. Often, the venue of the case can have a dramatic impact on how long a lawsuit will take. Some jurisdictions in Michigan can move quicker than others.

Video Transcript

The No-Fault Law, also know as PIP, which stands for Personal Injury Protection, allows for certain benefits if you are involved in a car accident. Even if you're not at fault. That's why it's called the no-fault law. Now what are these benefits? These benefits are the payment of medical expenses that are related to the car accident. It involves 85% of your gross wages. It involves the payment of out-of-pocket costs like prescriptions as well as medical mileage, like gas money to and from doctor's offices. You get reimbursed for that. It involves the payment of what's called replacement services where somebody - and it can be a family member, mom, daughter, anybody - is doing the chores for you. They get reimbursed for the time that they are putting in doing the chores at home. There's also something called attendant care. Which is more personal care to someone injured in a car accident. Let's say they need help getting dressed or need help in the bathroom or need help changing bandages. All these more personal care type items also get reimbursed by the no-fault carrier for the person doing it. All these benefits come under the umbrella of the Michigan No-Fault Law.