Michigan Car Accident Lawyers

Michigan uses a no fault auto insurance system. After most crashes, your first claim for medical bills and wage loss is made through your own no fault insurance policy, regardless of who caused the accident. These are called first party benefits. Most Michigan policies have three parts.

Personal Injury Protection (PIP)

• Pays reasonably necessary medical expenses related to the crash, up to the PIP limit on the policy. Since July 2020, Michigan drivers choose their PIP level, which ranges from unlimited coverage down to $50,000 for some drivers. We strongly recommend against opting out.
• Pays 85% of lost gross wages for up to three years, subject to a monthly maximum.
• Pays up to $20 per day for replacement services, like household chores you can no longer do, for up to three years, plus certain out of pocket costs.

Personal Property Protection (PPI)

• Pays up to $1 million for damage your vehicle causes to other people's property, such as buildings, fences, and properly parked vehicles. It does not cover your own collision damage.

Bodily Injury / Residual Liability Coverage

• Protects you if someone claims you were at fault and sues you for their injuries. Default limits are $250,000 per person and $500,000 per accident unless you select lower limits in writing.
• This is also the coverage you claim against when another driver is at fault and you qualify to pursue pain and suffering damages.

Deadlines and paperwork matter

You must give the proper no-fault car insurer written notice within one year of the crash. You can only recover no fault benefits for expenses incurred in the year before you file a lawsuit. A lawsuit against the at fault driver generally must be filed within three years. Missing these deadlines can reduce or eliminate what you recover.

Our Michigan auto accident lawyers help you:

• Start your no fault claim and file your PIP application correctly and on time.
• Fight denied or delayed medical and wage loss benefits.
• Determine whether you can bring an additional claim against an at fault driver for pain and suffering.

If you are unsure how your no fault coverage applies, call us before you sign anything from the insurance company.

Yes, you may be able to sue for pain and suffering after a Michigan car accident, but only if you meet four requirements under MCL 500.3135.

1. You were not more than 50% at fault. You cannot recover pain and suffering damages if you were more than 50% responsible for the crash. If you were partly at fault, your compensation is reduced by your percentage of fault. Fault is usually a question of fact decided by a jury.

2. You have documented injuries from the crash. Medical records, imaging, and doctor notes must show that you were injured in the accident.

3. The crash caused or aggravated your injuries. Insurance companies often blame preexisting conditions. Your treating doctors must clearly connect your injuries and limitations to the crash in the medical records. In the legal world, this is referred to as causation. 

4. You suffered a threshold injury. Under Section 500.3135(1), noneconomic damages are only available for:

• Death
• Serious impairment of body function
• Permanent serious disfigurement

Most contested cases turn on serious impairment of body function, which the law defines as "an objectively manifested impairment of an important body function that affects the person's general ability to lead a normal life." Judges, juries, and insurers look at how much work you missed, your medical restrictions, the recreational activities you can no longer do, the household chores you need help with, and any other limitations. Learn more about Michigan's threshold injury requirement.

If you are asking whether you can sue for pain and suffering after a Michigan car accident, the safest answer is to talk to a Michigan car accident specialist as soon as possible so we can evaluate your case.

Most Michigan crashes are caused by driver negligence, not bad luck. NHTSA research assigned the critical reason for 94% of crashes to the driver, with recognition errors (41%), decision errors (33%), and performance errors (11%) leading the list. Common contributing factors include:

• Excessive speed
• Drunk or drug impaired driving
• Drowsy or fatigued driving
• Distracted driving, especially cell phones and in vehicle technology
• Aggressive or reckless driving
• Texting while driving
• Bad weather and reduced visibility
• Slick, icy, or snowy roads
• Potholes and deteriorated road surfaces
• Vehicle defects and component failures

Distracted Driving

Distracted driving has grown into a major safety problem. Smartphones, in dash screens, GPS, and music apps all compete for a driver's attention. A driver looking at a screen instead of the road can travel the length of a football field without seeing the traffic ahead.

When a distracted driver causes a crash, we move quickly to secure phone records, vehicle data, surveillance video, and witness statements to prove what really happened.

Michigan is a popular destination for business, tourism, and visiting family. If you were visiting from another state or country and were injured in a Michigan crash, your situation is more complicated, but you still have important rights.

• Michigan law generally applies when the crash occurs here, even if you live somewhere else.
• Michigan's no fault rules for medical and wage benefits are different from the at fault systems used in many other states.
• Whether you can access Michigan no fault benefits may depend on your insurance policy, how your vehicle is registered, and other technical details.
• Even if you are not eligible for Michigan PIP benefits, you may still bring a claim against the negligent driver for pain and suffering if you meet Michigan's threshold injury rules.

Our Michigan car accident lawyers for out of state residents can:

• Explain how Michigan law and your home state coverage interact
• Help you obtain needed medical care while you are far from home
• Coordinate with your doctors and insurers in other states or countries
• Pursue claims for pain and suffering, economic loss, and, when appropriate, wrongful death

Learn more: Out Of State Drivers And Non Residents Injured In Michigan