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Filing a Car Accident Lawsuit in Michigan

When you’re hit by another driver, that initial impact may only last a few seconds. But its aftermath can linger far longer. The repercussions of the accident can ripple through your life, leaving you with physical, emotional and financial challenges to overcome. Obtaining compensation becomes a pressing need for many injured victims who face major hurdles, unable to work because of debilitating injuries.

In the following sections, we offer useful information on car accident laws, fault assignment, the role of an attorney in seeking fair compensation and tips on how to find a trustworthy attorney who will fight for what you’re entitled to.

Michigan Statute of Limitations for Car Accidents

In Michigan, the statute of limitations sets a three-year deadline for bringing a lawsuit against the at-fault driver responsible for the accident. This means you have three years from the date of the wreck to initiate legal action. But if someone dies, and their family wants to seek compensation through a wrongful death lawsuit, then the statute of limitations three-year clock begins at the time of death.

Statutes of limitations exist to prevent false convictions caused by compromised or lost evidence or faded memories of witnesses. If you attempt to file a civil claim after the deadline expires, your claim will no longer be valid.

For instance, if you were in a car wreck on June 1, 2020, you have until June 1, 2023, to file a lawsuit. Waiting beyond this date will lead to the court dismissing your case, and you will forfeit your right to compensation.

Some situations affect the onset or duration of the three-year deadline clock:

• If a child is injured in a car accident, they have one year from their 18th birthday to initiate a lawsuit.
• In the case of a victim with a mentally impairing injury, such as a brain injury, their filing deadline is one year from the resolution of their impairment.
• If the at-fault driver has left the state, the time to serve them with a lawsuit does not start until their return.
• If a state or local government is a defendant, there is a two-year deadline to file a lawsuit, with a 120-day notice period to notify the agency about the accident details.

Michigan Laws for Car Drivers

Michigan makes it mandatory for all drivers to carry no-fault auto insurance. This insurance provides coverage for your own medical bills, hospital expenses, lost income and other relevant losses resulting from a car accident, regardless of who was at fault. However, it does not include compensation for pain and suffering or any damage to your vehicle.

No-fault insurance in Michigan provides coverage across three main categories:

Personal Injury Protection (PIP): PIP is designed to cover reasonable medical expenses that are excluded by your health insurance. It provides financial support for medical care, recovery and rehabilitation related to your injuries.

If you are unable to work during your recovery, PIP will reimburse you up to 85% of your gross monthly income for up to three years. The monthly maximum amount you can receive through PIP is adjusted every October to match the current cost of living. For the period from October 1, 2022 to September 30, 2023, the monthly wage loss benefit is capped at $6,615. In the unfortunate event of a fatality, your spouse and dependents will receive wage loss benefits for three years.

If your injuries restrict your ability to perform household chores, you can receive up to $20 per day in replacement services under PIP. This allows you to hire assistance for tasks such as laundry, house cleaning and lawn care.

Property Protection Insurance (PPI): PPI pays up to $1 million for damages that your car inflicts on another person’s property (such as a house, buildings or fences) or properly parked vehicle. Damages to moving vehicles are excluded from this coverage—so it won’t cover the repair costs of a vehicle that was being driven at the time of the accident.

Residual Bodily Injury and Property Damage Liability (BI/PD): BI/PD coverage comes into play when you’re at fault for a car accident in which:

• Someone dies or is severely injured
• The person involved is a non-resident or driving a vehicle registered in another state
• The accident occurs outside of Michigan

In these situations, BI/PD coverage will provide compensation for the losses you are found liable for up to the policy limit. The minimum required BI/PD coverage limits in Michigan are as follows:

• Up to $20,000 for a person seriously injured or killed in the crash
• Up to $40,000 per accident if multiple people are injured or killed in the crash
• Up to $10,000 for any property damage caused outside of Michigan

You have the option to purchase a policy with higher coverage limits if desired. The court may award more than these amounts or your policy limit in certain cases. If so, you will be responsible for paying the difference yourself.

Remember that no-fault insurance does not cover the repair costs for damages your car sustains in an accident, except when it is parked, in which case the other driver’s Property Protection Insurance (PPI) comes into play. For repairs in other situations, you can rely on collision and comprehensive coverage, which are not mandatory but can be beneficial during an accident.

Mini-Tort Coverage: Michigan’s no-fault system generally shields most drivers from being sued, except in specific circumstances mentioned earlier. However, a mini-tort claim provides another avenue for victims to sue the at-fault driver for vehicle damages. This claim allows victims to seek reimbursement of up to $3,000 in vehicle repair costs from the at-fault driver, either through their insurance company or directly from the driver.

This avenue is only available if someone is killed or seriously injured in the accident, one of the victims is a non-resident of Michigan or their car is not registered in Michigan or the accident happens in another state where these kinds of claims are allowed. Additionally, the defendant must be more than 50% responsible for the crash and the damages the victim experiences are not completely covered by their insurance.

Identifying Fault for a Car Crash in Detroit, Michigan

In Michigan, no-fault benefits are the primary method for recovering losses after a car accident. However, this may not cover the full extent of your losses. Fortunately, Michigan law allows you to take legal action against a driver through a third-party lawsuit for:

• Non-economic damages: This encompasses pain and suffering, mental distress, reduced quality of life and permanent disfigurement or disability.
• Excess economic losses: This covers excess medical costs, wage loss and other expenses not covered by your PIP.
• Vehicle repair costs: If another driver damaged your car, you can file a mini-tort claim to recover the repair costs if it meets the mini-tort requirements described above.

To pursue a third-party lawsuit, you must demonstrate that the other driver was at least partially at fault for the accident. Your car accident attorney in Detroit, Michigan, will use evidence such as video recordings, photographs and witness statements to establish the driver’s negligence or recklessness that resulted in your injuries.

Since Michigan recognizes comparative negligence law, you can still recover compensation even if you share some responsibility for the accident. However, the amount you receive will be reduced based on the percentage of fault assigned to you. For example, if the total jury verdict is $80,000, and you were assigned 30% fault while the other driver was assigned 70%, you can still collect $56,000 in compensation.

But, if your share of fault exceeds 50%, you cannot collect any compensation for non-economic damages. This rule does not apply to economic damages—you can recover money for monetary losses even if you’re 99% responsible for the crash.

There’s another factor to consider when trying to collect non-economic damages—threshold injuries. You must show you’ve suffered an injury serious or catastrophic enough to inflict non-financial harm in your life for which you deserve compensation.

Michigan recognizes the following as threshold injuries:

• Death
• Permanent serious disfigurement or scarring
• Serious impairment of a body function that affects your ability to lead a normal life

Your car accident lawyer in Detroit can assist you with proving an at-fault driver’s negligence and the presence of a threshold injury if it applies to your case.

How Can a Car Attorney in Michigan Help You?

Navigating Michigan’s car accident laws can be complex due to factors like the no-fault law and the threshold injury rule. Relying on the expertise of a car collision attorney in Michigan can provide several advantages.

Here’s how they can help you:

• Explain your legal rights in light of the auto accident laws unique to Michigan
• Uncover the entire range of reimbursable expenses and losses you have suffered in the accident
• Attain the compensation you’re entitled to based on your no-fault insurance
• Examine if you can sue the driver for any excess economic losses or non-economic damages that may be present in your case
• Prove the at-fault driver’s liability in your car accident and the presence of threshold injuries
• Recover car repair expenses through PPI or mini-tort claim

Do not sign any paperwork or release forms from your insurance company without consulting an attorney first. You may be able to settle a car accident claim without a lawyer if you aren’t seriously injured. But still, speaking with an attorney during an initial meeting (these are usually free) can prove valuable to learn your rights and legal options.

An attorney’s expertise can uncover hidden pockets of benefits that you may be unaware of, granting you the opportunity to recover and alleviate the impact of the accident on your life. Working with an attorney increases your chances of attaining fair compensation for your injuries and damages.