Frequently Asked Questions About Michigan Car Accidents

We know that you have questions after being an auto accident.  For this reason, we have compiled a list of the most frequently asked questions regarding accidents in Michigan.  The answers provided are straightforward, simple, and easy to understand.  It is never too soon to reach out and get an attorney for a car accident, it will only help strengthen your case.  If you’d like to speak with an attorney, call us at (517) 347-6900.  We will gladly answer any and all of your questions at no cost.

Can You Sue For Pain and Suffering in Michigan?

Yes, you can sue for pain and suffering in Michigan. However, the other party must be over 50% negligent and you must be able to prove your injuries are a serious impairment of a body function.

Can You Sue For Emotional Distress in Michigan?

Yes, you can sue for emotional distress in Michigan. However, the other party must be over 50% negligent and you must be able to prove your injuries or distress is a serious impairment of a body function.

How Much Can You Sue For in Michigan?

There is no maximum amount that you can sue for. However, the amount of compensation you can recover is based off the severity of your injuries and the insurance polices involved. Under-insured motorist coverage and uninsured motor coverage can help substantially if the other driver has no insurance of their own.

Which Insurance Does Not Pay Regardless of Fault?

No fault insurance pays regardless of fault, but you can’t start a third party lawsuit unless the other driver is at least 50% at fault and you suffered serious injuries such as brain injuries, neck injuries, back injuries, broken bones, etc.

Can I Sue For My Deductible Michigan?

Yes, you can sue for your deductible if the accident was not your fault. You can file a mini-tort which will allow you to recover up to $3000 which should cover your deductible.

How Does Insurance Work When Its Not Your Fault?

Your no fault insurance will pay for the medical bills, wage loss benefits, replacement services, and the property damage to others people’s property.

What To Do After a Car Accident That's Not Your Fault?

You should always seek medical treatment first. Document all of your injuries and where you are experiencing pain. Call the police to get a report. Then you should contact your insurance company and tell them that you’ve been involved in an accident. Then you should hire an attorney to help you through the legal process.

What To Do If Someone Hits Your Parked Car In Michigan?

You should immediately call the police to get a report and document the damage to your car. If you can, get the insurance information of the individual who was at fault including their name, home address, email, and their phone number.

Why Is Michigan No-Fault Insurance?

Michigan has no-fault insurance because the previous system (tort liability) was hurting injured victims of car accidents. People that were seriously hurt were denied compensation or they were severely under-compensated.

How Do You Calculate Emotional Pain and Suffering?

There is no formula to calculate emotional pain and suffering. Typically, the insurance company will offer between 1x and 5x of non-economic damages.

How Much Can You Get Out of Pain and Suffering?

Usually the settlement offer is between .5x and 1x the amount of your economic damages. For example, if your medical bills and wage loss equals $100,000, the other party will offer somewhere between $50k-$100k. This is just an average and it’s possible to get much less and much more.

How Long Do Most Car Accident Settlements Take?

This depends on the details of your case, but generally between 9-18 months.

Do Insurance Rates Go Up After No-Fault Accidents in Michigan?

Yes. In Michigan, there is nothing stopping auto insurance providers from increasing your premiums even after a car crash where you weren’t at fault.

Can You Sue In a No-Fault State Michigan?

Yes, you can sue the negligent driver, but only if you were not at fault for the accident and you sustained “severe” injuries referred to as a serious impairment of a bodily function.

Who Pays Deductible If Not At Fault in Michigan?

Your collision coverage will pay for all the damage to your vehicle regardless of fault. If you were not at fault, you can file what is called a mini-tort against the negligent driver to recoup the cost of your deductible.

Who Pays For Car Damage in An Accident in Michigan?

Your own insurance policy will pay for the damage to your car in Michigan if you have collision coverage. If you don’t have collision coverage and the accident was not your fault, you can file a mini-tort claim. However, the maximum amount you can recover is $3,000.

How Long Does an Insurance Company Have To Settle a Claim in Michigan

There is no due date for insurance companies to settle an auto claim in Michigan. Each case is different and it can take weeks, months, or even years.

Is Michigan a No-Fault State For Car Accidents?

Yes it is. The law in Michigan states that you are required to have no-fault auto insurance on your vehicle. If you happen to be in an accident, your own no-fault insurance pays for injuries and damages your car does to others property and to others properly parked vehicles.

What is a Good Settlement Offer For a Car Accident?

Every scenario is different and a good settlement offer for a car accident is one that compensates you fairly for you medical expenses, property damage, lost wages, and pain/suffering. The offer should provide a financial award for all the pain and trauma that you have endured as a result of the accident. An experienced attorney can help evaluate any offers from the insurance company and give you advice if it’s reasonable.

How Long After A Car Accident Can You Sue in Michigan?

If you’ve been hurt in a car accident in Michigan, you have three years from the date of crash to file suit against the negligent driver for your injuries. In other words, the statute of limitations is 3 years. This applies to injury claims and wrongful death claims. There are exceptions to this rule if the victim is a child or mentally ill.

Can You Sue For a Car Accident in Michigan?

Yes, you can sue for a car accident in Michigan. Typically, there are 2 lawsuits that you will file. A no fault lawsuit or first party lawsuit will be filed against your own insurance company to cover medical bills, lost wages, medical mileage, and attendant care. If you are not at fault for the accident and have suffered an “impairment of a bodily function”, you can sue the other driver for your pain and suffering.

Who Is At Fault in a Rear End Collision in Michigan?

The driver operating the rear vehicle is almost always at fault for a rear-end accident. The reasoning is that Michigan law states that a vehicle should remain at a safe following distance at all times.

Do You Need a Police Report To File an Insurance Claim in Michigan For Hitting a Deer?

There is no requirement for filing an insurance claim after hitting a deer in Michigan. However, it is usually in your best interest to do so. If you have vehicle damage that you would like insurance to pay for, you will most likely need a police report to produce to the auto insurance company.

Can You Sue an Insurance Company in Michigan

Yes you can. If you have severe injuries as a result of a vehicle accident, you will actually sue 2 insurance companies. You will sue your own insurance company for no fault benefits which include medical expenses, wage loss, medical mileage, replacement services, and attendant care. If the other vehicle is more than 50% at fault, you will also sue the negligent driver and their insurance company for your pain and suffering and other non-economic damages called a third party lawsuit.

How Much Will My Insurance Go UP With an At Fault Accident in Michigan?

Typically, your insurance premium will increase about 50% if you were at fault and caused an accident. This varies depending on which insurance company you purchased your policy from and what your driving history is. Some auto insurers have accident forgiveness. If you have previous accidents that were your fault, it’s more likely that your rates will increase.

How Much Does Car Insurance Cost in Michigan?

The average cost of car insurance in Michigan is about $2,345 per year. The cost of PIP insurance is roughly $400-$500 per year which is a significant portion of this cost. This is much higher than the national average and one of the most expensive states for car insurance in the US.

Can I Sue For Someone Totaling My Car?

Yes, you can sue for someone totaling your car. You will usually be suing your own auto insurance company, which is why it’s so important to have collision coverage. You will have to pay a deductible if your policy requires it. You can recoup the cost of the deductible using the mini-tort law for up to $3,000 if the other driver was at fault. If you don’t have collision coverage, you can only receive the $3,000 maximum and you’ll be facing a large financial burden.

How Do I Negotiate More Money From a Car Accident Claim?

You get the most money from a car accident claim by building the strength of your case. You can do this by gathering as much evidence at the accident scene, getting a police report, seeking proper medical treatment, hiring a lawyer experienced with vehicle accidents, not taking a low-ball offer, and being patient.

Should I Accept The First Compensation Offer?

You should never accept the first compensation offer as it is most likely not a fair value offer. You should always contact an attorney before accepting any compensation, especially the first offer. The only time you would accept the first offer is that they offer you the policy limits.

What To Do If Insurance Settlement Is Too Low?

The best thing to do is to hire an attorney to negotiate on your behalf. Insurance companies don’t take civilians seriously and will try a lowball offer because they know you are desperate with mounting medical bills.

Does At Fault Driver Pay Deductible in Michigan?

The at fault driver does not pay the deductible in Michigan. You will pay the deductible yourself. However, you can recover the cost of the deductible by filing a mini-tort lawsuit if the other driver was negligent and caused the accident.

Can Insurance Company Refuse To Pay Out On a Claim?

Yes, a car insurance company can refuse to pay a claim. In fact, they do this all the time as a tactic to save money. Insurance is a business and they don’t money by handing out money. If the auto insurer refuses to pay, you will be required to file a lawsuit to recover compensation for your injuries and property damage.

What Is A Mini-Tort Claim in Michigan?

A Mini-Tort claim is a way for the victim of an auto accident to recover compensation for vehicle damage in an accident where the other driver was at fault. You can receive up to $3,000 either from their insurance company or from him/her personally if they don’t have insurance.

How Long Do At-Fault Accidents Stay On Record in Michigan?

At fault accidents stay on your record for 7 years in Michigan. If the accident involved alcohol, drugs, or a fatality, the accident will stay on your record for a lifetime.

How Much Will My Insurance Go Up After a Non-Fault Claim?

This might seem unfair, but insurance companies will increase your rates anywhere from 2%-10% in most instances. Some auto insurance companies won’t raise your rates at all.