Michigan Car Accident Laws: Your Questions Answered
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After a crash you may not know who pays the medical bills or whether you can sue. Michigan’s No-Fault rules and third-party negligence rules both apply.
Hiring experienced injury lawyers does not guarantee a result, but it does put someone on the deadlines, the evidence and the insurers. Here are common questions about Michigan car accident law.
Do You Have a Case?WHAT IS REQUIRED TO RECEIVE COMPENSATION UNDER MICHIGAN CAR ACCIDENT LAW?
A third-party lawsuit is a negligence case. The injured person generally must show:
- Duty: Every driver must operate with reasonable care and follow the traffic code.
- Breach: The other driver fell short of that duty. Proof can include the police report, tickets, witnesses, photos and vehicle data.
- Cause: That breach caused the injuries, not only a pre-existing condition.
- Damages: There must be actual harm. For noneconomic damages (pain and suffering), Michigan also requires a threshold injury: death, serious impairment of body function, or permanent serious disfigurement. Ordinary scrapes and bruises usually are not enough.
PIP medical, wage-loss and replacement benefits come from No-Fault first, regardless of fault (subject to the policy and the statute).
CAN YOU SUE FOR A CAR ACCIDENT IN MICHIGAN?
Yes, when the facts fit. A lawyer will look at fault, whether the injury meets the threshold, remaining medical and wage loss above PIP, and the other driver’s liability limits.
A lawsuit against an at-fault driver is how you pursue noneconomic damages and economic losses PIP does not cover.
WHAT HAPPENS IF I LEAVE THE SCENE OF AN ACCIDENT BEFORE POLICE ARRIVE IN MICHIGAN?
Leaving the scene is a crime. See hit-and-run for the full breakdown:
- Property damage only: misdemeanor, up to 90 days in jail and/or a $100 fine
- Injury (not serious impairment or death): misdemeanor, up to one year and/or $1,000, plus possible license suspension
- Serious impairment or death: felony; up to five years and/or $5,000, or up to 15 years and/or $10,000 if someone died
Stay until police arrive unless you are taken to the hospital or you must leave a dangerous scene and call from safety.
IS MICHIGAN STILL A NO-FAULT STATE?
Yes. Owners must keep No-Fault on vehicles that are driven. You look to your own insurer (or the vehicle’s policy) for PIP, regardless of fault.
Since July 1, 2020, PIP medical can be unlimited, $500,000, $250,000, $50,000 (Medicaid households) or, for some Medicare households, an opt-out. Limited or opted-out medical can leave large bills unless a third-party claim is available.
CAN I RECEIVE COMPENSATION IF THE CAR ACCIDENT WAS PARTLY MY FAULT IN MICHIGAN?
Michigan uses modified comparative fault. If you are 50% or more at fault, you cannot recover noneconomic damages. If you are less than 50% at fault, noneconomic damages are reduced by your percentage of fault.
Example: a $100,000 noneconomic award with 30% fault becomes $70,000.
PIP still follows the policy, not who caused the crash. Excess economic claims can also be reduced by fault.
DO I NEED A LAWYER FOR MY CAR ACCIDENT CASE IN MICHIGAN?
You are not required to hire one, but car accident lawyers handle PIP paperwork, the one-year PIP notice and three-year lawsuit clocks, medical proof, and talks with the other insurer. They can try the case if it does not settle.
PUT OUR EXPERIENCED CAR ACCIDENT LAWYERS TO WORK FOR YOU TODAY
If you or a loved one is injured in a car accident, we can help. Our legal team has the experience and resources to pursue the compensation you deserve.
Car accident law is complicated, but finding the right Michigan car accident lawyer is simple.
Get your case started today by filling out the brief form below or contact us for a free, no-obligation consultation.
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