Detroit Car Accident Lawyers

Overview Of Michigan’s No-Fault System

Michigan’s no-fault auto system requires owners of vehicles registered in the state to carry three core coverages: personal injury protection (PIP), property protection insurance (PPI), and residual bodily injury and property damage liability (BI/PD). If you are injured in a crash in Detroit, these coverages interact with any third party claim you may have against an at-fault driver.

Under the 2019 reform, effective for policies issued or renewed after July 1, 2020, drivers can now choose their PIP medical coverage level instead of being required to purchase unlimited lifetime medical benefits.

Personal Injury Protection (PIP)

PIP benefits are first-party no-fault benefits that generally cover:

• Medical expenses that are reasonable, necessary, and related to the crash, up to the PIP medical limit selected on the policy: unlimited, $500,000, $250,000, $50,000 for certain Medicaid eligible drivers, or opt out in narrow circumstances.
• Wage loss benefits, typically replacing up to 85 percent of lost gross income for up to three years after the accident, subject to a monthly maximum set by statute and updated periodically.
• Replacement services, reimbursing up to $20 per day for ordinary household tasks the injured person can no longer perform, for up to three years after the crash.
• Attendant Care – nursing care provided by friends, family, or nursing professionals.
• Out-of-Pocket – payment for prescriptions, co-pays, medical mileage, and other medical expenses 

PIP benefits are available regardless of fault, meaning even a primarily at-fault Detroit driver may receive medical and wage loss benefits through their own insurer, subject to statutory exclusions.

Property Protection Insurance (PPI)

PPI is Michigan-specific coverage. It pays up to $1,000,000 for damage your car causes to others’ property in Michigan. This includes buildings, fences, or properly parked vehicles. PPI does not pay to repair your own vehicle; that is a collision coverage question.

Residual Bodily Injury And Property Damage Liability (BI/PD)

Residual BI/PD coverage protects you or a driver operating your car if they negligently cause a crash. It is also the liability coverage an injured person pursues in a third-party claim.

After the 2019 reform, Michigan policies issued or renewed after July 1, 2020, have default bodily injury limits of $250,000 per person and $500,000 per accident unless the insured signs a form choosing different limits. That coverage is crucial when a Detroit crash victim has a threshold injury and pursues pain and suffering and excess economic damages.

Deadlines And Paperwork That Can Limit PIP Benefits

Michigan’s no-fault statute contains strict timing rules that can sharply limit PIP recovery:

• Under MCL 500.3145, a PIP lawsuit generally must be filed within one year of the accident unless timely written notice was given to the insurer or the insurer previously paid benefits. Give the proper insurer written notice within the first year; notice and lawsuit deadlines are separate requirements.
• The one-year-back rule can limit recovery of unpaid benefits. Statutory tolling may apply while a specific claim is pending until formal denial, subject to reasonable diligence. Do not assume that submitting a claim preserves every deadline.

Because of these rules, waiting a year to see how a Detroit crash plays out medically is a mistake. Instead, contact a great Detroit car accident lawyer to get your questions answered and begin the claims process. 

Who Pays First-Party No-Fault Benefits?

This is an important question. An injured person must file a first-party claim against the correct auto insurance carrier. Failing to do so can result in losing all no-fault benefits. There is a priority order to determine which insurance carrier is responsible. The order is as follows: 

1. Your own auto insurance - if you have car insurance of your own, your own car insurance company is responsible for paying PIP benefits. This is true even if your vehicle or vehicles had nothing to do with the accident. If you are a named insured on the policy, your auto insurance must pay all first-party benefits.

2. The auto insurance company of a resident relative – this includes a spouse, sibling, child, parent, and possibly other relatives. Again, it doesn’t matter if their car had nothing to do with the crash. That insurance carrier must step up and pay all first-party benefits.

3. The Michigan Assigned Claims Plan (MACP) – If there is no insurance in the first two categories, the Michigan Assigned Claims Plan (MACP) is responsible for paying up to $250,000 in no-fault benefits. The Michigan Automobile Insurance Placement Facility runs the MACP.

To receive benefits through the MACP, a claimant must fully complete the Application for Benefits. You must also provide a police report or other proof of the accident. The application is very detailed and asks for a lot of information. An experienced Detroit car accident law firm is highly recommended to help you file this claim.

Under Michigan law, the car insurance carrier must pay certain benefits for injuries sustained in a crash. These benefits should be paid promptly, within 30 days of receiving proof.

How To File A PIP Claim After A Michigan Car Accident

Many injured people ask how to file a PIP claim after a Michigan car accident. In a Detroit case, the process typically includes:

1. Identifying the correct PIP insurer under Michigan’s order of priority, which looks first to the injured person’s own policy, then to household policies, and finally to the Michigan Assigned Claims Plan when no applicable coverage exists.
2. Requesting and completing the Application for Benefits from that insurer, or if necessary from the Michigan Assigned Claims Plan, and submitting it with basic crash and injury information within one year of the accident.
3. Sending supporting documentation, such as emergency room records, imaging, wage and employment information, and receipts, so that bills and wage loss claims can be evaluated.
4. Responding carefully to insurer requests and independent medical examinations (IMEs), which are governed by MCL 500.3151 and related case law.
5. Consulting with a Michigan car accident lawyer if there are delays, partial payments, or denials. PIP benefits overdue by more than 30 days after the insurer receives reasonable proof can trigger 12 percent interest and attorney fee exposure for unreasonable refusals.

A lawyer who works with PIP claims every day can help Detroit crash victims avoid common traps, including incomplete applications, misapplied coordination clauses, and missed limitation periods.

Many people injured in Detroit ask how to sue for pain and suffering under Michigan’s no-fault system. Michigan absolutely allows pain and suffering claims, but only when several statutory conditions are met.

Fault And Comparative Negligence

You must establish negligence by an at-fault party. Your damages may be reduced by your share of fault. Under MCL 500.3135, you cannot recover noneconomic damages if you were more than 50 percent at fault. Fault can be disputed and must be evaluated using the evidence.

Threshold Injury Under Michigan Law

In addition to proving fault or liability, a car accident victim must also prove they have a “threshold” injury. Under MCL 500.3135, a person can obtain pain and suffering compensation from the negligent driver or owner only if the injured person has (1) suffered death, (2) permanent serious disfigurement, or (3) serious impairment of body function. Almost all cases fall into this last category.

The statute and case law define serious impairment of body function as an objectively manifested impairment of an important body function that affects the person’s general ability to lead their normal life.

In plain language, a threshold injury under Michigan law usually requires:

• Objective medical evidence of impairment, for example, imaging showing fractures or herniated discs, neurologic findings, or documented functional deficits. This includes MRIs, CT scans, X-rays, muscle spasms, and a reduced range of motion.
• An impairment of an important body function that is of great value, significance, or consequence to the injured person. Examples include problems with the back, neck, legs, and other body parts.
• A change in your general ability to live your normal life, such as limitations at work, doing household chores, caring for children or family members, participating in recreational activities, and other limitations. The lifestyle change does not need to be permanent. All that is required is that the car accident injuries or impairments affected the person's ability to live normally.

Insurance Status

Insurance status also matters. Michigan law bars noneconomic damages for a person who was operating their own motor vehicle without the insurance required by Michigan law. Other exclusions can affect PIP benefits. A lack of a personal auto policy does not, by itself, mean every injured passenger or pedestrian is barred.

Because these threshold and comparative fault questions are highly case-specific, the safest way to know whether you can sue for pain and suffering after a Detroit car accident is to have a Michigan car accident lawyer review your medical records, crash facts, and insurance information as early as possible.

• Woodward Avenue (M1), Gratiot Avenue, and Jefferson Avenue: Wide, fast corridors with turning traffic and pedestrians.
• Eight Mile Road: Heavy volume, speeding, and frequent serious crashes.
• I-94, I-75, I-96, and the Lodge (M10): Tight merges, sudden slowdowns, and construction zones.
• Downtown event traffic: Crowds and distracted drivers around the stadiums and arenas.
• Red light running and failure to yield.
• Distracted, drunk, and drugged driving.
• Hit and run crashes.
• Potholes and deteriorated pavement.
• Winter ice and snow.

We move quickly to secure video, phone records, vehicle data, and witness statements before they disappear.

Detroit welcomes visitors from across the country and from Canada through the Ambassador Bridge and the Detroit Windsor Tunnel. If you were hurt here and live elsewhere:

If you live outside Michigan and were injured in a Detroit crash, we can review your home-state policy, Michigan coverage rules, and any liability claim before you return home.

• Michigan law generally governs a crash that occurs here, even when an injured person lives elsewhere.
• Nonresidents face specific PIP eligibility restrictions under MCL 500.3113(c). Michigan vehicle registration and insurance, residence, and the facts of the crash matter.
• A claim against a negligent driver for pain and suffering may still be available if Michigan’s injury threshold and other requirements are met.

We can coordinate records and communications with your doctors and insurers while you recover at home.