Michigan Car Accident Guide: Get Fair Compensation for Injuries

See how to protect your interests and build a strong injury claim after a Michigan car accident.

More than 280,000 crashes occur on Michigan roadways each year, resulting in 72,000 injuries, including more than 1,000 fatalities.¹

When you or a family member are injured in a crash, you are entitled to pursue compensation. Here’s what you need to know about Michigan traffic laws and car accident insurance claims.

What to Do After a Michigan Car Accident

Here are five steps you can take to comply with accident law and protect your interests after an accident.

1. Stay At the Scene and Exchange Information

Michigan car accident law requires drivers to stop at the scene of a crash and remain until police arrive.  Drivers must share their name, address, driver’s license number, and vehicle registration with the other driver and vehicle occupants.

What if I hit a parked car in Michigan?

If you hit a parked car in Michigan, try to find the vehicle’s owner to give your name and vehicle information. If you can’t find the owner, you are obligated to promptly notify the police.

2. Call 911 and Help the Injured

Michigan drivers are required to render reasonable aid to the injured and arrange for transportation to the nearest medical facility, when necessary or requested.

Calling 911 to report the accident and ask for an ambulance satisfies your legal requirements. If you are able, try to help the injured until help arrives.

Can I be held liable for giving aid to an injured person in Michigan?

Maybe. Michigan has “Good Samaritan” laws that protect trained professionals from civil liability when they provide medical assistance at the scene of an accident. However, the law does not provide immunity for a layperson who tries to help at the scene of an emergency.

3. Seek Prompt Medical Treatment

Never refuse or delay medical treatment after an accident. A prompt medical evaluation can identify serious injuries that are masked by the adrenaline rush from the collision.

When emergency responders arrive on the scene, let them look you over. If medics want to take you to the hospital, go with them. If you aren’t transported from the scene, make arrangements to go to a hospital emergency department or urgent care facility as soon as possible, preferably on the same day as the crash.

Refusing or delaying medical attention after a crash is not only dangerous for your health, it also gives the insurance company, even your own insurance company, an excuse to deny or minimize your injury claim.

Building a strong claim starts with a thorough medical exam. You’re entitled to compensation for all your injuries, even minor ones, but your medical records must link the injuries to the accident.

Can I make an insurance claim for a minor injury in Michigan?

Yes. Your Personal Injury Protection (PIP) coverage should pay for your medical visit after the accident, including the cost of imaging studies or lab tests needed to rule out more serious injuries.

4. Gather Evidence From the Scene

Michigan is a no-fault state, so most injury claims will be paid by your own insurance company. However, if your injuries are serious enough to qualify as a “tort” claim, you’ll need to prove the other driver was negligent.

The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:

How can I get a copy of a police report in Michigan?

All police agencies in the state forward accident reports to the Michigan State Police. Reports may be ordered by mail or through the website.

How long do traffic violations stay on my record in Michigan?

Most driving convictions stay on your Michigan driving record for at least seven years.

5. Notify Both Insurance Companies

No matter who caused the accident, you must notify your own insurance company that you were in an accident. Your auto policy contains a notification clause, creating a legal obligation for you to tell them you were in an accident. In return, your insurer has a duty to defend you if you’re sued by someone else involved in the crash.

Michigan is a no-fault state, so most injury claims will be handled by your own insurance company under your Personal Injury Protection (PIP) coverage.

In limited circumstances, such as serious injuries resulting in permanent impairment or disfigurement, you can pursue compensation from the at-fault driver’s insurance company.

Serious injury claims should only be handled by an experienced personal injury attorney. If you decide to hire an attorney, your attorney will handle all communications with the at-fault driver’s insurer and your own insurance company.

How long do I have to make an insurance claim in Michigan?

Michigan law requires no-fault insurance claims to be made within one year of the vehicle accident that caused your injuries.

Michigan Fault and Liability Rules

Michigan is a no-fault state. It allows car owners to choose levels of no-fault coverage ranging from $250,000 per person, to unlimited coverage for bodily injuries. There are some limited exceptions allowing lower coverage limits.

Because of no-fault laws, drivers are protected from litigation except in limited circumstances, such as fatal or serious injuries, or injuries resulting in permanent disfigurement. Serious injury cases should be handled by an experienced personal injury attorney.

What makes a Michigan driver at fault for a rear-end collision?

The fault for a rear-end collision usually falls on the driver who was following too closely to safely stop. Michigan traffic law requires drivers to allow enough space between vehicles to safely stop, considering the traffic and weather conditions.

Which driver is at fault for a side-impact collision in Michigan?

Side-impact collisions are most often caused by drivers who fail to yield the right of way when entering an intersection, or making an improper left turn.

What's the primary cause of head-on collisions in Michigan?

Driving left-of-center is a primary cause of head-on collisions. Michigan requires drivers to stay on the right side of the roadway, except when passing and the left side is clearly visible and free of oncoming traffic.

Michigan Shared Fault Rules

Michigan follows a 51 percent modified comparative fault rule. Outside of no-fault claims, you can seek compensation from the at-fault party when you are equally or less to blame for your injuries.

Example of Modified Comparative Fault in Michigan

Roger was traveling along Patterson Lake Road in Hell, on his way to Beaver Lake. He was pulling his boat on a trailer, but his trailer lights weren’t hooked up. Ben and his wife Sherry were also traveling on Patterson Lake Road, following behind Roger’s vehicle.

It was shortly after daybreak and still foggy when deer ran across the road in front of Roger. He slammed on his brakes. When Ben realized the vehicle in front of him had stopped, he was too close to avoid a collision. Ben’s SUV slammed into the boat trailer, jackknifing the trailer and causing Roger’s car to overturn.

Roger suffered serious injuries to his neck, back, and arms in the crash that left him with permanent impairments. He sought compensation from Ben’s insurance company on the basis of his “serious impairment of bodily function.” When negotiation failed, Roger filed a lawsuit against Ben, asking $50,000 for his damages.

At trial, the jury determined that Ben was 60 percent liable for following too close in foggy conditions. The jury found Roger to be 40 percent liable for the accident because he was pulling a trailer without tail lights.

Roger was awarded $30,000 for his injury case, representing a 40 percent reduction to his claim value.

Michigan Car Accident Compensation

The average settlement for a moderate car accident claim in Michigan is $33,433, with average payouts ranging from $5,799 for minor injuries to $229,390 for severe injuries.

Injury settlements in Michigan can vary widely, depending on the circumstances surrounding the crash, the severity of the victim’s injuries, and the available insurance limits.

For example, look at these two rear-end accident cases with low and high payouts:

  1. In Wayne County, Maatouk v. State Farm, 06-631810-NF, a jury awarded $1,000 for soft-tissue back and neck injuries. Defendant argued the plaintiff delayed medical treatment.
  2. In Kalamazoo County, Moreno-Parsons v. Haverly, 01-689-NI, a bench trial resulted in a verdict of $750,000 for disabling back injuries. Defendant offered no defense.

Use our free Michigan Personal Injury Calculator to estimate the value of a moderate settlement.

Factors that impact Michigan accident compensation include:

  • Scope and severity of injuries
  • Shared fault for the crash
  • Available insurance coverage
  • Number of vehicles involved
  • Number of injured victims

Most car accident injury claims in Michigan are covered by the victim’s Personal Injury Protection (PIP) no matter who caused the accident. Serious or fatal injury claims are best handled by an experienced attorney.

Michigan State Minimum Insurance Requirements

Michigan requires vehicle owners to carry Personal Injury Protection (PIP) coverage. Policyholders may choose different levels of PIP, ranging from unlimited coverage to $250,000 per person.

In addition to PIP coverage, Michigan requires all vehicle owners to carry Residual Bodily Injury and Property coverage of $250,000 per person/$500,000 per accident for bodily injuries, and $10,000 for property damage to pay others for serious or fatal injuries that are your fault.

Uninsured and Underinsured Motorist coverages are not required in Michigan.

Can I sue for pain and suffering in Michigan?

Michigan only allows non-economic damages like pain and suffering in limited circumstances, such as permanent scarring or a serious impairment of a bodily function.

How to Calculate a Minor Injury Settlement

Michigan is a no-fault state requiring high levels of Personal Injury Protection (PIP) coverage. Minor to moderate claims will be paid under your own PIP coverage.

PIP pays for:

  • Medical expenses
  • Lost wages, with limits
  • Replacement services
  • Attendant services, with limits

PIP does not pay for non-economic damages like pain and suffering.

For severe injuries or wrongful death claims, you’ll need an experienced personal injury attorney to get a fair payout. Your attorney will seek compensatory damages including the future value of medical expenses, future lost wages, and an amount for the intense pain and suffering caused by serious injuries.

Visitor Questions on Michigan Claim Guide