If you were injured in a Michigan car accident caused by someone else, a third-party claim allows you to seek compensation beyond what No-Fault insurance provides. Unlike first-party claims which cover medical bills and lost wages under your own policy, a third-party claim is filed against the at-fault driver’s insurance for pain and suffering, excess medical expenses, and additional financial losses.
Michigan’s No-Fault law limits when you can sue for pain and suffering. To qualify for a third-party claim, you must prove that the other driver was at fault and that your injuries meet Michigan’s “serious impairment of body function” threshold. Insurance companies often dispute these claims, making it crucial to understand your rights and legal options.
What Is a Third-Party Car Accident Claim?
In Michigan, a third-party car accident claim is a legal action against the at-fault driver’s insurance company for damages that go beyond your No-Fault benefits or PIP benefits. While No-Fault insurance covers your immediate medical bills and lost wages, it does not compensate for pain and suffering or long-term financial losses. That’s where a third-party claim comes in. To successfully file a third-party claim in Michigan, you must prove:
Because Michigan’s No-Fault law restricts when you can sue, insurance companies often deny these claims and try to minimize payouts. That’s why working with an experienced car accident lawyer can help maximize your compensation.
When Can You File a Third-Party Claim in Michigan?
Not every car accident victim in Michigan is eligible to file a third-party claim. Under Michigan’s No-Fault law, you can only sue the at-fault driver if your injuries meet certain legal criteria. If your damages are limited to medical bills and lost wages covered by No-Fault insurance, you typically cannot pursue additional compensation. The table below outlines the key requirements for filing a third-party claim:
Because insurers aggressively fight third-party claims, having strong evidence and legal representation can make the difference between a denied claim and full compensation.
What Damages Can You Recover in a Third-Party Lawsuit?
A third-party lawsuit allows Michigan car accident victims to seek compensation beyond their No-Fault insurance benefits. While PIP covers medical expenses and some lost wages, it does not compensate for pain and suffering or certain long-term financial losses. The table below outlines the types of compensation available in a third-party claim:
How to Prove Negligence in a Third-Party Car Accident Claim
To win a third-party car accident claim in Michigan, you must prove that the other driver was negligent. This means demonstrating four key legal elements:
Evidence plays a crucial role in proving negligence. Police reports, witness statements, medical records, and accident reconstruction analysis can help establish fault and strengthen your claim.
Common Defenses Used Against Third-Party Claims
Insurance companies often try to avoid paying full compensation by using various legal defenses. Understanding these tactics can help you fight back and protect your claim. Below is a table outlining common strategies insurers use to deny or reduce third-party claims and how to counter them:
💡 Insurance companies prioritize their profits, not your recovery. If they use these tactics to deny or reduce your claim, an experienced car accident lawyer can fight back and secure the compensation you deserve.
Frequently Asked Questions About Third Party Claims in Michigan
Contact a Michigan Car Accident Lawyer for Help with Your Third-Party Claim
If you’ve been injured in a car accident caused by another driver, you deserve full compensation for your pain and suffering, medical expenses, and financial losses. But insurance companies don’t make it easy on you, they often deny claims, minimize injuries, or shift blame to reduce payouts.
At The Clark Law Office, we fight for accident victims ensuring they get the maximum compensation possible under Michigan law. Unlike big firms that treat you like a case number, we provide personalized legal representation and aggressive advocacy to protect your rights.
Don’t let an insurance company decide what your case is worth. Call us today for a free consultation, and let’s discuss how we can help you recover the compensation you deserve.
See how fault-based claims relate to no-fault benefits in our insurance and no-fault guide.