Hit by a Drunk or Drugged Driver in Michigan? Here's How to Get Compensation

Few things feel more unfair than being hurt by a drunk driver. The crash didn't have to happen. Someone chose to drink or get high and then get behind the wheel, and now you're the one dealing with the pain, the medical bills, the missed work, and a life turned upside down.

Michigan law gives you several ways t\o get paid. What makes it hard is knowing which claims you have, which insurance pays what, and which deadlines are already running. That's what this guide covers.

For more than 50 years, the Lee Steinberg Law Firm has helped injured people across Michigan after serious car, truck, and drunk driving crashes. We only represent injured people, never insurance companies. And with our Lee Free Guarantee, you pay no attorney fee unless we win. Call 1-800-LEE-FREE (1-800-533-3733) for a free, confidential consultation.

The Short Version

• Your injury case is separate from the criminal case. You don't have to wait for the drunk driver to be convicted.
• Your own insurance pays first. Michigan's No-Fault PIP coverage pays your medical bills and lost wages, no matter who caused the crash.
• You can sue the drunk driver for pain and suffering if your injury is serious enough to meet Michigan's legal "threshold."
• A bar may be responsible, too. If it served a visibly drunk person or a minor, Michigan's dram shop law may let you go after the bar.
• Low insurance doesn't have to mean a dead end. Your own uninsured or underinsured motorist coverage may help.
• Some deadlines are very short. Dram shop and No-Fault rules can shut the door on claims fast.

Your Criminal Case and Your Injury Case Are Two Different Things

After a drunk driving crash, there's usually a lot going on. There may be an arrest, criminal charges, and court dates. But that criminal case is about punishing the driver. Your injury case is about getting you paid, and it runs on a separate track.

That means:

• You don't need a conviction to file a claim.
• You can win even if the driver is never convicted. A criminal case must be proven "beyond a reasonable doubt." Your injury case only needs to show it's more likely than not that the driver was at fault. That's a much lower bar.
• You may have several claims at once. A No-Fault PIP claim, a pain and suffering claim against the driver, and sometimes a claim against a bar or restaurant.

Evidence from the criminal case, like breath or blood test results and guilty pleas, can still help your injury case a lot. We just don't have to wait for it.

How to Get Compensation After Being Hit by a Drunk Driver

1. Call 911 and Make Sure Police Come

Tell the dispatcher if you think the other driver is impaired. The officer can do field sobriety tests, ask for a breath or blood test, and note signs of intoxication in the report. That evidence matters in both the criminal case and yours.

2. Save Evidence at the Scene if It's Safe

If you're able to:

• Take photos of the cars, skid marks, debris, traffic signs and lights, and your injuries.
• Shoot a short video of the scene.
• Get names and phone numbers from witnesses.
• Note anything odd about the driver, like slurred speech, stumbling, open containers, or comments about drinking.

Don't put yourself at risk. If you're too hurt, focus on your health. Our team can often track down this evidence later.

3. Get Medical Care Right Away

See a doctor, urgent care, or the ER as soon as you can, even if you feel okay. Concussions, internal bleeding, and spinal injuries often don't show symptoms right away. Getting checked quickly also creates a medical record that ties your injuries to the crash. Watch for warning signs like a headache after a car accident.

4. Open Your No-Fault PIP Claim

A lot of people assume the drunk driver's insurance will just pay for everything. Michigan's system doesn't work that way. Michigan is a "No-Fault" state, so your own auto insurance usually pays your Personal Injury Protection (PIP) benefits, even when a drunk driver clearly caused the crash. That includes if you were riding with the impaired driver, or driving your own car when a drunk driver hit you.

PIP can cover:

• Medical bills, up to your policy's PIP limit
• Lost wages, usually 85% of your gross pay for up to three years. See our wage loss benefits guide.
• Household help with chores you can't do, called replacement services, for up to three years
• Mileage, co-pays, and other medical costs you pay out of pocket
• Attendant care, when you need help with daily activities like bathing or dressing

PIP has strict timing rules, including a short window to notify your insurer and limits on how far back you can recover unpaid bills. Waiting can shrink what you get, so talk to a lawyer early. Here's help with the No-Fault application for benefits, and for the full picture, read what Michigan No-Fault insurance covers.

5. Go After the Drunk Driver for Pain and Suffering

On top of PIP, most seriously injured people can bring a separate claim against the drunk driver and their insurance company for:

• Pain and suffering
• Emotional distress and PTSD
• Loss of enjoyment of life

To win this claim, Michigan law generally requires a threshold injury, meaning a minimum level of seriousness: serious impairment of body function, permanent serious disfigurement, or death. The first one is the most common. In plain terms, it means an injury doctors can see or measure that changes your ability to live your normal life. We work with your doctors to show exactly how the crash changed your work, family life, and everyday activities.

Separately, you may also be able to sue for "excess" costs, like medical bills or lost wages beyond what PIP covers. Those rules work differently and are worth discussing with a lawyer. Our No-Fault lawyers handle your PIP claim and your claim against the driver together.

6. Look at the Bar, Restaurant, and Others

If a bar or restaurant illegally served alcohol to a visibly drunk person or a minor who then caused your crash, it may share the blame under Michigan's dram shop law. More on that below.

We also look at whether an employer, vehicle owner, rideshare company, or someone else may be responsible, depending on how the crash happened.

7. Check Your Uninsured and Underinsured Coverage

If the drunk driver has little or no insurance, you may still have options. Your own policy, or a policy of a relative you live with, may include uninsured motorist (UM) or underinsured motorist (UIM) coverage. UM covers you when the other driver has no insurance. UIM covers you when they don't have enough.

These claims often come with their own deadlines written into your policy, so bring in a lawyer early. Learn more about uninsured motorist coverage in Michigan and the difference between uninsured and underinsured coverage.

How Alcohol and Drugs Cause Serious Crashes

Alcohol and drugs attack the exact skills a person needs to drive safely. They cause slower reactions, bad judgment, blurry vision, poor coordination, and trouble staying in a lane or holding a steady speed.

That's why impaired drivers are more likely to:

• Drift over the center line or onto the shoulder
• Run red lights and stop signs
• Drive the wrong way or misjudge turns
• Slam into stopped traffic because they don't brake in time

Because their reflexes are dulled, they often hit with little or no braking. That means more force and worse injuries.

Drugs can be just as dangerous as alcohol. Prescription medications, marijuana, illegal drugs, and even some over-the-counter medicines can make someone unsafe to drive, especially when mixed with alcohol. Read more about drugged driving accidents in Michigan and marijuana-related car accidents.

In Michigan, the legal blood alcohol limit is 0.08 for most drivers 21 and older, with stricter limits for commercial drivers and drivers under 21. Still, alcohol-related crashes remain a serious problem across the state. See how drunk driving crashes break down by Michigan county, or check out 10 things you may not know about Michigan drunk drivers.

Can I Sue a Bar for Overserving a Drunk Driver in Michigan?

Often, the drunk driver isn't the only one who acted irresponsibly. Under Michigan's dram shop law, a bar, restaurant, or other business with a liquor license can be held responsible if it illegally served alcohol to:

• A visibly intoxicated person, or
• A minor

and that person then caused a crash that hurt you.

"Dram shop" is an old-fashioned term for a place that sells alcohol. These cases can make a big difference, especially when the drunk driver has a small insurance policy. But they come with challenges:

• The deadlines are short and strict. Michigan requires written notice to the bar within a short time after you hire a lawyer, and the lawsuit deadline is shorter than a typical injury case.
• You have to prove the person looked drunk when served. That usually takes witnesses, surveillance video, receipts, or bar tabs.
• Bars and their insurers fight hard.

We move fast to find:

• Credit card receipts and itemized tabs
• Surveillance video inside and outside the bar
• Social media posts and text messages
• Witnesses who saw how the driver was acting before they left

If a bar or restaurant helped cause your crash, we go after them too, so you're not stuck relying on one small auto policy.

How We Build Your Drunk Driving Case

We don't wait for a criminal conviction to get to work. Surveillance video gets recorded over, damaged cars get repaired or scrapped, and memories fade, so waiting can hurt your case.

From day one, we gather:

• Police records, including the crash report, citations, sobriety tests, and breath or blood results
• Police dashcam and body cam footage
• 911 calls and dispatch logs
• Black box data showing speed, braking, and steering at impact. See how car black boxes are used in injury cases.
• Surveillance video from nearby homes, businesses, bars, and traffic cameras
• Bar and restaurant records showing how much the driver was served and when
• Witness statements about how the driver acted before and after the crash
• Medical records and opinions linking your injuries to the crash

In serious cases, we bring in experts. That can include crash reconstruction experts, toxicologists (experts on how alcohol and drugs affect the body), life-care planners who map out your future medical needs, and vocational experts who look at how your injuries affect your ability to work.

Common Injuries in Drunk and Drugged Driving Crashes

Impaired drivers are often speeding, not paying attention, or going the wrong way. The crashes they cause tend to be violent. We often represent people with:

• Traumatic brain injuries and concussions
• Spinal cord injuries, including paralysis
• Back and neck injuries, like herniated discs and nerve damage
• Broken bones and crush injuries, including hip and pelvic fractures
• Internal bleeding and organ damage
• Deep cuts, burns, and scarring
• Emotional injuries like PTSD, anxiety, depression, and sleep problems

Many of our clients need surgery, long rehab, and sometimes lifelong care. We work with your doctors, and outside experts when needed, to understand the full cost of your injuries over your lifetime, not just the bills in front of you today.

What You Can Recover

Every case is different, but here's what we commonly pursue.

Financial losses (economic damages): past and future medical bills, rehab and therapy, medications and equipment, lost wages and future earning ability, household help, and travel and out-of-pocket costs.

Human losses (non-economic damages): pain and suffering, emotional distress, loss of enjoyment of life, missing out on hobbies and family events, and loss of companionship.

Wrongful death damages: When a drunk driving crash takes a life, Michigan's wrongful death law lets the estate's personal representative (the person in charge of the estate) seek funeral and burial costs, medical bills before death, lost financial support, and the loss of a loved one's love, care, and guidance. Our wrongful death attorneys can explain who can file a wrongful death claim in Michigan.

Uninsured and underinsured motorist claims: If the drunk driver has no insurance or not enough, we help you pursue your own UM or UIM coverage. Even though it's your own insurance company, these claims are often fought just as hard. See what happens in a crash with an uninsured driver.

Why Choose the Lee Steinberg Law Firm?

More than 50 years focused on injury law. We've spent decades helping people hurt in Michigan car, truck, and motorcycle crashes. We only represent injured people.

We know No-Fault. We handle complex PIP claims every day, including medical, wage loss, replacement services, and attendant care disputes.

We get results in serious cases. We've secured many six- and seven-figure settlements and verdicts for people hurt in crashes. Past results don't guarantee future outcomes, but they show what we can do.

We know drunk driving and dram shop cases. We regularly handle claims involving overserved drivers and bar liability.

We're local. With offices in Southfield, Detroit, Flint, Saginaw, Grand Rapids, and Traverse City, we know local courts, juries, and insurance companies.

No fee unless we win. Under the Lee Free Guarantee, you pay no attorney fees unless we get you a settlement or verdict.

Our clients trust us. We've earned hundreds of positive online reviews from people across Michigan.

When you hire us, we deal with the insurance companies so you can focus on healing. We gather the evidence, handle the paperwork and deadlines, and fight for the full value of your case, whether that means tough negotiations or going to trial.

Michigan Drunk Driving Accident FAQs

If the drunk driver was arrested, is my injury case automatic?

No. The criminal case and your injury case are separate. Evidence from the criminal case, like blood alcohol results, officer notes, and guilty pleas, can really help your claim. But we still have to prove fault and the full extent of your damages.

Can I sue the bar that overserved the drunk driver?

Possibly. Michigan's dram shop law lets you bring a claim against a licensed business that illegally served a visibly drunk person or a minor who then caused your crash. These cases need fast investigation, strong witnesses, and close attention to strict notice and filing deadlines. Call a lawyer quickly.

How long do I have to file a claim in Michigan?

Most lawsuits for pain and suffering must be filed within three years of the crash. PIP claims have shorter one-year rules for notice and for recovering unpaid benefits. Dram shop claims have their own, shorter deadlines too. Since several clocks may be running at once, talk to a lawyer as soon as possible. Here's more on how long you have to file a car accident claim in Michigan.

How much does it cost to hire your firm?

Nothing upfront. Under our Lee Free Guarantee, you pay no attorney fee unless we win or settle your case. We'll explain exactly how the fee works during your free consultation, so there are no surprises.

What if the drunk driver had little or no insurance?

You may have more options than you think. We may be able to file a claim under your own uninsured or underinsured motorist coverage, go after a bar or restaurant that overserved the driver, or find an employer, vehicle owner, or someone else who shares responsibility. We look at every possible source so you're not limited to the drunk driver's policy.

How soon should I call a lawyer?

As soon as you're medically stable. Evidence of impairment, black box data, video, and witness memories can vanish quickly. And some dram shop and No-Fault deadlines are short. The sooner we're involved, the more we can do. Here's more on when to contact a lawyer after a car accident.

Talk to a Michigan Drunk Driving Accident Lawyer for Free

If a drunk or drugged driver hurt you or took someone you love, you don't have to face Michigan's No-Fault system or the insurance companies alone.

Call 1-800-LEE-FREE (1-800-533-3733) or fill out our online form for a free, confidential consultation. There are no fees unless we win for you.