Michigan Car Accident Laws: Your Questions Answered
Legally Reviewed and Edited by: Terry Cochran
Understanding Michigan’s car accident laws can be challenging if you’re involved in a vehicle collision. From following vehicle reporting requirements to receiving personal injury protection (PIP) benefits and filing a third-party claim, you may have several auto accident questions regarding your crash and potential compensation.
At Cochran, Kroll, & Associates, P.C., our Michigan car accident lawyer can answer the most common car accident questions for crash victims. Our legal team can help explain car accident FAQs to help you better understand Michigan car accident laws so you know what to expect after suffering injuries in a collision.
What Are the Legal Requirements for Reporting a Car Accident in Michigan?
In Michigan, the legal requirements for reporting a car accident vary depending on the severity. If the accident causes injury, death, or property damage exceeding $1,000, it must be immediately reported to the police. If any vehicle involved is inoperable due to the accident, it should also be reported.
Reporting the accident creates an official record, including the time, date, weather conditions, and witness statements. Your attorney can obtain your crash report from the Michigan State Police to help support your insurance claim or potential lawsuit.
What is the Statute of Limitations for Filing a Car Accident Lawsuit in Michigan?
In Michigan, the statute of limitations for filing a lawsuit after a car accident is generally three years from the date of the accident. However, for no-fault insurance benefits, such as compensation for medical expenses or attendant care, the deadline is just one year from the accident.
Consulting with an attorney as soon as possible after an accident can ensure you file relevant claims within these legal deadlines so you don’t lose your right to seek compensation.
When Should I Seek Medical Care After a Crash?
Seek medical attention as soon as possible following the crash, even if injuries aren’t immediately apparent. Some injuries, such as whiplash or traumatic brain injuries (TBIs), may not immediately show symptoms. Seeking immediate medical attention ensures your injuries are properly documented, which can be vital in a personal injury claim.
At Cochran, Kroll, & Associates, P.C., Eileen Kroll, a partner attorney and a registered nurse, will use her medical training to review your healthcare-related documents. She can use these records to connect your injuries to the crash and show their severity to estimate your damages and help you seek fair compensation.
Is Michigan a No-Fault Insurance State?
Yes, Michigan is a no-fault insurance state. This means that no matter who caused the accident, each person’s auto insurance covers their medical expenses and lost income up to a specific limit.
However, for severe injuries that exceed PIP coverage, it may still be possible to sue the at-fault driver for additional damages. An attorney can help you understand the nuances of the no-fault law and how it applies to your situation.
What Does PIP Insurance Cover in Michigan?
Personal Injury Protection (PIP) insurance in Michigan covers all necessary medical expenses for a car accident up to your chosen coverage limit. The minimum coverage allowed is $50,000, but you can select a higher coverage amount when choosing your insurance policy.
PIP benefits include hospital bills, rehabilitation costs, and home care expenses. Additionally, PIP insurance covers up to 85% of lost wages for up to three years, and it can provide up to $20 per day for replacement services like housekeeping or child care if the injured person is unable to perform these tasks due to the accident.
Are There Any Exceptions to the No-Fault Insurance Rule in Michigan?
Yes, there are exceptions to the no-fault rule in Michigan. If you suffer serious injuries, you can work with an attorney to file a third-party claim or personal injury lawsuit against the at-fault driver. This allows you to seek a higher damage award, including non-economic compensation for mental anguish and emotional distress.
To meet this legal standard, your injuries must fall within the serious injury threshold for Michigan, which includes:
- Serious impairment of body function
- Permanent serious disfigurement
- Death
What Damages Can I Recover in a Car Accident Lawsuit in Michigan?
In Michigan, if you have a qualifying serious injury, you can sue the at-fault driver and potentially recover several types of damages. These can include:
- Economic damages such as medical expenses like surgeries, medications, and physical therapy
- Lost wages and future earning capacity
- Property damages
You can also seek non-economic damages, such pain and suffering, loss of enjoyment of life, and loss of consortium.
In rare cases, you might be able to seek exemplary damages. These refer to a monetary award for a victim injured by a person’s, especially wanton or malicious behavior. For example, if a driver was excessively speeding or driving drunk when they caused the accident.
In case of wrongful death, the victim’s family may also be entitled to damages for loss of companionship, funeral expenses, and loss of the victim’s earnings and services. The exact compensation varies depending on the specifics of each case.
How is Fault Determined in a Michigan Car Accident?
Determining fault in a Michigan car accident typically involves analyzing the police report, witness statements, and any available evidence from the accident scene, such as photos or videos.
The police report often provides a strong indication of fault, especially if a traffic violation is involved. In some complex cases, accident reconstruction experts may be used to determine the circumstances, causes, and events leading up to and during the incident.
Your attorney will use their legal experience and resources to investigate your car accident to determine fault. By gathering evidence and expert input, your attorney can determine the at-fault driver’s negligent behavior that caused the accident and help you seek maximum compensation.
How Long Does it Take to Settle a Car Accident Claim in Michigan?
The timeline to settle a car accident claim in Michigan can vary depending on the case’s complexity. Simple cases with clear fault and minor injuries may be resolved within a few months.
However, more complex cases involving serious injuries and disputes over fault can take a year or longer to settle. Your attorney can help you navigate the settlement process and understand a possible timeline for your case.
Can I File a Claim Against a Government Entity for a Car Accident in Michigan?
Yes, you can file a claim against a government entity in Michigan if their negligence contributed to a car accident. For example, if poorly maintained roads or traffic signs led to your crash. However, these cases are complex; they involve specific notice requirements and shorter filing deadlines.
You must notify the governmental agency of the claim within 120 days of the accident. Winning a claim against a government entity without the right legal support can be challenging. Contact an experienced lawyer from Cochran, Kroll, & Associates, P.C., soon after a crash involving a government entity to start the investigation and claims process so you can receive fair compensation.
Should I Speak to the Other Driver’s Insurance Company After a Car Accident in Michigan?
While you must report the accident to your insurance company, it’s advisable not to speak with the other driver’s insurance company without consulting a lawyer first. The other insurance company may use your statements against you to minimize your claim.
Your lawyer can help protect your interests and communicate with the insurance company on your behalf so you don’t feel pressured by adjusters or say something that might jeopardize your claim.
Can I Negotiate a Settlement with the Insurance Company in Michigan?
Yes, it’s possible to negotiate a settlement with the insurance company in Michigan. However, the insurance company’s goal is to minimize their payout. They may offer a settlement quickly, but it may not cover all your damages.
Instead of agreeing to an early settlement or negotiating on your own, consult with a personal injury attorney from Cocrhan, Kroll, & Associates, P.C. Our legal team can provide valuable guidance and help you negotiate a fair settlement that accurately reflects the extent of your damages.
Can I Choose My Own Auto Repair Shop in Michigan After a Car Accident?
Yes, in Michigan, you can choose your auto repair shop after a car accident. Your insurance company may recommend a repair shop, but your choice is yours.
Keep in mind that your insurance company will pay reasonable repair costs only if you have collision or comprehensive coverage. You will be responsible for the difference if your chosen shop charges more than what the insurance company deems reasonable.
What Happens if the At-Fault Driver in a Michigan Car Accident Doesn’t Have Insurance?
If the at-fault driver in a Michigan car accident doesn’t have insurance, you can still receive benefits from your own PIP and auto insurance policies. PIP will cover medical expenses and lost wages. Collision and comprehensive coverage will pay for property damage to your vehicle if the other driver doesn’t carry insurance.
If you have uninsured or underinsured motorists coverage on your policy, this will cover up to the policy maximums in damages. This can include economic and non-economic damages, just as a third-party claim would cover. Limits for these coverages are typically 20/40, $20,000 per individual, and $40,000 per accident.
Can I Recover Compensation if I Was Partially At Fault for the Car Accident in Michigan?
Under Michigan’s modified comparative fault law, you can still recover compensation if you were partially at fault for a car accident. However, your compensation may be reduced by your percentage of fault.
For example, if you were found to be 20% at fault, your damages may be reduced by 20%. You must be less than 51% at fault for your injuries to be eligible for recovering damages.
Is There a Cap on the Amount of Compensation I Can Receive for My Injuries in Michigan?
In Michigan, there is no cap on economic damages, such as medical expenses and lost wages, that you can claim following a car accident. However, the state does impose certain limits on the benefits you can receive from your no-fault insurance policy, such as replacement services or lost wages.
For non-economic damages like pain and suffering, there’s no statutory cap, but the amount you can receive may depend on the severity of your injuries and the impact on your quality of life.
Can I Still File a Lawsuit if I Didn’t Immediately Realize I Was Injured After a Car Accident in Michigan?
Yes, in Michigan, if you didn’t immediately realize you were injured after a car accident, you can still file a lawsuit under Michigan car accident laws. The state allows you to file a lawsuit for personal injury three years from the accident date. However, for no-fault insurance benefits, you only have one year.
This makes seeking medical care after an accident vital to ensure you get an appropriate diagnosis and treatment. While you have some time to file if you discover an injury later, it may be more challenging to gather evidence and prove your claim. Always see a medical provider after a collision and speak with an attorney to protect your rights to compensation.
Can I Use Evidence from the Car Accident Scene in Court in Michigan?
Yes, evidence from the car accident scene can be used in court in Michigan. This can include photographs of the accident scene, vehicle damage, visible injuries, skid marks, or road conditions. Evidence like the police report, witness statements, and any surveillance video capturing the accident can also be used. All this evidence can help establish the accident’s circumstances, the damage’s extent, and the parties’ potential fault.
Do I Need a Lawyer for a Car Accident Claim in Michigan?
While you aren’t required to have a lawyer for a car accident claim in Michigan, it’s often beneficial. A lawyer can help navigate the complexities of the legal and insurance systems, ensuring your rights are protected.
Especially in cases involving serious injuries, disputes about fault, or complicated circumstances, a lawyer can guide you through the process, gather evidence, negotiate with insurance companies, and represent your best interests in court, if necessary.
How Much Does it Cost to Hire a Car Accident Lawyer in Michigan?
Many car accident lawyers in Michigan work on a contingency fee basis, so they don’t charge upfront fees. Instead, they collect a percentage of any settlement or court award you receive. You don’t owe them any legal fees if you don’t win your case.
Percentages can vary, but Michigan caps these fees at 33% of a settlement award. At Cochran, Kroll, & Associates, P.C., we work on contingency to ensure all accident victims have access to legal representation.
What Should I Do if the Insurance Company Denies My Car Accident Claim in Michigan?
You can appeal the decision if your car accident claim is denied in Michigan. Read the insurance company’s denial letter to find out why it was denied. Then, work with your attorney to provide additional information or correct errors that led to the denial.
If the company continues to deny your claim, your lawyer can investigate whether the insurer is acting in good faith and represent your interests in an appeals process.
Protect Your Rights After a Michigan Car Accident
Understanding your rights and obligations under the law after a car accident can be the difference between securing the compensation you deserve and facing mounting costs on your own.
Whether your case involves reporting requirements, no-fault insurance rules, or a potential lawsuit, working with an attorney from Cochran, Kroll, & Associates, P.C. can protect your rights and help you receive the settlement you deserve. If you’ve been involved in a car accident in Michigan, contact us today for a free consultation to help you seek the maximum compensation allowed under Michigan car accident laws.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
