Michigan Automobile Accident FAQs

If you have recently been involved in an automobile accident in Michigan, you likely have many questions. Can I sue even though Michigan is a no-fault state? Should I go to the doctor? Is it okay to contact my insurance company before I contact an attorney? What should I do first? Our Michigan car accident attorneys do their best to answer the most common questions our clients ask us below.

What should I do immediately after a car crash in Michigan?

After an automobile collision, there are five steps you can take right away to protect yourself and your legal rights.

• Safety First: Move to a safe location, if possible, and call 911.
• Report the Crash: Michigan law (MCL 257.622) requires prompt police reporting when anyone is injured or killed, or there is property damage exceeding $1,000 in an automobile accident.
• Exchange and Document: Collect driver, vehicle, and insurance details from everyone involved and photograph vehicles, the roadway, and any visible injuries.
• Notify Your Insurer: You should notify your automobile insurer promptly, ideally within 24 hours, to preserve your no-fault benefits.
• Seek Legal Counsel: Seeking legal counsel as soon as possible is essential to protect evidence and meet all statutory deadlines.

How does Michigan’s no-fault system work?

Michigan’s no-fault system works with your own automobile insurance policy’s Personal Injury Protection (PIP) coverage, which pays your medical expenses, wage loss (up to three years), replacement services, and attendant care regardless of fault. You may still sue the at-fault driver for pain and suffering or excess economic losses if your injuries result in serious impairment of body function, permanent severe disfigurement, or death (MCL 500.3135).

Which PIP medical limit should I choose?

Deciding which medical limit to choose for your PIP coverage depends on many factors. In general, choosing a lower cap saves you money on premium payments but leaves you on the hook for costs once your limit is exhausted. We look at the pros and cons like this.

Limit Per Person – Eligible Motorists – Why Choose It

Unlimited – All Drivers – Maximum Protection
$500,000 – All Drivers – Balance Cost and Coverage
$250,000 – All Drivers – Lower Premiums
$50,000 – Medicaid Enrollees – Lowest Cost
Opt-Out – Medicare A and B Enrollees’ – Health Insurance Substitutes

Can I recover pain and suffering from an auto collision in Michigan?

Yes, you can recover pain and suffering in Michigan if you can meet the statutory injury threshold. Evidence typically includes medical records, expert opinions, and documentation of how the injury impacts your day-to-day life and work.

How long do I have to file car accident claims in Michigan?

In Michigan, several time limits might apply to your car accident claim. Regardless of which applies, it is important that you act fast.

• PIP Benefits: You must submit written notice to your insurer within 1 year of the crash and file a lawsuit within 1 year of any overdue benefits (MCL 500.3145).
• Third-Party Lawsuit: If you are suing a third party, such as the at-fault driver, the at-fault vehicle’s owner, or another party, you have 3 years from the date of the crash to file (MCL 600.5805).
• Government Defendants: If you intend to sue a governmental entity, such as a city, a county, or the State of Michigan, the applicable notice periods can be as short as 60 days.

What if the other driver is uninsured or underinsured?

If you purchased Uninsured/Underinsured Motorist (UM/UIM) coverage, you may file a claim for UM/UIM coverage with your automobile insurer up to the policy limits. Without UM/UIM cover, your recovery is limited to the at-fault driver’s personal assets.

How is fault determined in Michigan car accidents?

Investigators rely on police reports, witness statements, vehicle damage patterns, black box data, and camera footage. Under Michigan’s modified comparative fault rule, noneconomic damages are reduced by your share of fault and barred entirely if you are more than 50% responsible for your injuries. PIP benefits are not affected by this rule.

Will my premiums go up if I file a claim?

A PIP-only claim should not trigger a surcharge, but a finding that you were substantially at fault for a collision can. Contesting inaccurate fault determinations helps protect your rate.

What compensation can I receive beyond medical bills?

Other than medical bills, your PIP coverage includes compensation for the following:

• Wage loss of 85% of your gross income up to the annually indexed maximum ($7,392 for the period between October 2024 and September 2025),
• Household replacement services of $20 per day,
• Attendant care of up to 56 family-provided hours per week (more by insurer consent),
• Mileage to medical appointments, and
• Damages for excess economic losses and pain and suffering damages when the threshold is met.

Do I need a lawyer for my no-fault car accident claim in Michigan?

You do not need a lawyer to file a no-fault car accident claim in Michigan. However, experienced legal counsel can help you with the following:

• Coordinating communications and independent medical examinations (IMEs) with insurers,
• Compiling evidence to meet the serious impairment threshold,
• Calculating your full amount of damages under Michigan law,
• Negotiating liens,
• Filing your lawsuit before the applicable statute of limitations and notice periods expire, and
• Litigating against the big insurance companies and aggressive defense firms.

How are attorney fees structured at Vahdat Weisman Law?

We handle automobile accident cases on a contingency fee basis. This means you pay no upfront fees or attorney fees unless we recover compensation for you.

What should I bring to my free consultation?

When you come for your free consultation at Vahdat Weisman Law, you should bring your police report, your insurance policy’s “dec page,” any medical records or bills you have, wage documentation, all the relevant photos and videos, and any correspondence from insurers. Organized documents help us quickly evaluate your claim.

How long will my car accident case take in Michigan?

PIP disputes may be resolved in a few months through negotiation or Michigan Department of Insurance and Financial Services (DIFS) mediation. Third-party lawsuits often take between one and two years, depending on the status of your medical conditions, the discovery between the attorneys, and court schedules.

Can I use health insurance instead of PIP?

Yes, but health plans may seek reimbursement and often limit coverage for injuries involving an automobile. Properly coordinating benefits helps prevent unexpected out-of-pocket costs for you down the road.

I was a passenger, pedestrian, or bicyclist. Who pays my medical bills?

This is the order in which claims are paid (often referred to as “prior”) for PIP coverage:

• Your automobile insurance policy,
• Your resident-relative’s automobile insurance policy,
• The insurer of the vehicle involved, and
• The Michigan Assigned Claims Plan (but medical benefits are capped at $250,000) if no other coverage exists.

What if I am partially at fault?

Michigan’s modified comparative fault system reduces noneconomic and excess economic damage awards in proportion to your fault. For example, if you are 25% at fault for your injuries, your damages are reduced by 25%. But if you are more than 50% at fault, you cannot collect damages at all.

How do property damage claims for car accidents work in Michigan?

In addition to recovering for the various compensation described above, you can also recover for damage to your property, including your vehicle, under Michigan law. Examples of property damage include the following:

• Mini Tort Claims: You can recover up to $3,000 from the at-fault driver for vehicle damage not covered by your collision policy.
• Collision Coverage: You may have to pay your deductible, but your insurer pays for the remainder of your vehicle repairs.
• Total Loss: If your vehicle is “totaled,” insurers must pay the vehicle’s pre-crash actual cash value. You can use comparable vehicle listings and recent repair documentation to support higher valuations.

What are the most common mistakes that hurt car accident claims in Michigan?

The experienced car accident attorneys at Vahdat Weisman Law have seen almost every mistake you can imagine in claims and lawsuits arising out of an automobile collision. Whether it is waiting too long to see a doctor or waiting too long to file, one mistake can destroy your entire case. Here are the most common mistakes we see in our practice:

• Delaying medical evaluation or treatment,
• Posting on social media about the crash,
• Giving recorded statements to insurers without counsel,
• Signing blanket medical authorizations, and
• Missing filing and notice deadlines.

Avoiding these missteps preserves both PIP benefits and the potential for third-party recovery.

Should I speak to the other driver’s adjuster?

Politely decline to speak to insurance adjusters until you have representation. The adjuster’s goal is to minimize payouts. Even casual remarks during an informal phone conversation can be used to dispute liability or the severity of injury.

About Vahdat Weisman Law

Attorneys Jordan S. Vahdat and Kara E. Weisman focus exclusively on personal injury litigation statewide. Our practice combines years of courtroom and trial experience, an up-to-date understanding of digital and medical evidence, and a network of medical specialists to build strong, well-documented claims. We answer calls 24/7 and offer a secure online client portal so that you can stay on top of every step of your case.

Do you have questions? Call (877) 903-7401 or complete our online contact form for a free, no-obligation consultation.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.