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.
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.
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.
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:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
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.
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.
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:
- 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.
- 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.
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.
How Much is Your Injury Claim Worth?
Find out now with a FREE case review from an attorney…
Visitor Questions on Michigan Claim Guide
Is the moving vehicle always at fault in an accident with a stationary vehicle?
My son was pulling into the high school parking lot this morning and while passing a parked car that person opened their door and hit…
If the other driver was at fault, do I have to provide my insurance details?
I was the victim of an accident on December the 16th where the other driver turned in front of me and both vehicles were totaled….