Car Accident Lawsuit Process In Michigan: What You Need To Know

The car accident lawsuit process in Michigan will potentially involve 3 types of cases, depending on which type of relief you are pursuing: (1) a case for your injuries and pain and suffering compensation; (2) a case for No-Fault PIP auto insurance benefits to pay for medical bills, lost wages, and other PIP benefits; and (3) a mini tort case for vehicle damage repair costs.

What is the car accident lawsuit process in Michigan for pain and suffering cases?

The car accident lawsuit process in Michigan for recovering for your injuries and for pain and suffering compensation includes: (1) proving the other driver was at-fault (i.e., negligent) for causing the car crash; and (2) showing that your injuries have caused you to suffer a serious impairment of body function, which is a threshold test required under Michigan law for bringing a lawsuit to recover against an at-fault driver.

“Serious impairment of body function” is the tort-threshold under Michigan’s No-Fault insurance law, which means it is the legal standard that a crash victim must prove in order to sue for and collect pain and suffering compensation from the at-fault driver. (MCL 500.3135(1), (2), (3)(b))

Compensation from the at-fault driver for your pain and suffering covers the following: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation or mortification; and (6) shame, mental pain and anxiety.

In your case against an at-fault driver, you can also recover for “excess” No-Fault benefits over and above the PIP cap or to cover the cost of future medical bills and economic loss. Recovery for these economic damages does not require proof of a “serious impairment of body function” – unless the crash victim who is claiming them is a non-Michigan resident. (MCL 500.3135(3)(d))

The car accident lawsuit process in Michigan gives you three (3) years from the date of your crash to sue the at-fault driver for pain and suffering compensation, excess medical benefits and excess economic loss. (MCL 600.5805(2))

You only have one year to sue for unpaid, overdue and incurred No-Fault insurance PIP benefits that are otherwise payable under the limits of the auto No-Fault policy through which you are claiming benefits.

What is the car accident lawsuit process in Michigan for No-Fault benefits cases?

The car accident lawsuit process in Michigan for cases to recover No-Fault benefits includes: (1) filing an application for No-Fault benefits with the responsible insurance company within one (1) year of your crash; (2) submitting necessary documentation; and (3) suing if your insurer cuts off your benefits.

Michigan No-Fault auto insurance PIP benefits are a critical lifeline for victims after an automobile crash because they help pay for victims’ medical expenses, lost wages, medical mileage (transportation expenses for traveling to and from doctor and medical appointments), household replacement services and attendant care services.

However, for the car accident lawsuit process to begin in order to be entitled to recover No-Fault benefits, a crash victim must file an application for No-Fault benefits – which is also called a “written notice of injury” – with the responsible auto insurance company within one (1) year after the crash. (MCL 500.3145(1) and (4)) Failure to file the application on time – within ONE YEAR from the date of the automobile crash – will forever disqualify the victim from claiming and recovering the benefits that he or she might have otherwise been legally entitled to.

The documentation that you may need to submit to your insurance company in support of your No-Fault benefits claim may pertain to any or all of the above benefits, especially statements showing your medical mileage, attendant care that has been provided to you, and household replacement services that have been performed for you.

In Michigan, according to the car accident lawsuit process, when and if your insurance company denies your claim or cuts off your benefits, your lawsuit for unpaid, overdue No-Fault insurance benefits must be filed within one (1) year from the date that the unpaid medical bill, wage loss, medical mileage, replacement service or attendant service was incurred. (MCL 500.3145(2))

The one-year deadline for suing for unpaid, overdue No-Fault benefits “is tolled from the date of a specific claim for payment of the benefits until the date the insurer formally denies the claim.” (MCL 500.3145(3))

If your lawsuit is not filed within the one-year time period, then the bill for the medical care or services you were provided will be time-barred and you will lose all rights to payment and/or reimbursement for the overdue benefits.

What is the car accident lawsuit process in Michigan for vehicle damage cases?

The car accident lawsuit process in Michigan for vehicle damage cases involves filing a mini tort claim with the auto insurance company for the at-fault driver whose negligence resulted in damage to your car or truck. It may also involve filing a mini tort lawsuit against the at-fault driver in Small Claims Court.

The car accident lawsuit process for a Michigan mini tort claim will allow you to recover up to $3,000 to cover vehicle damage repair costs from the at-fault driver who damaged your car or truck.

Normally, these claims are filed with the at-fault driver’s auto insurance company.

However, if he or does not carry mini tort coverage (which is also known as “limited property damage coverage”), then you will have to pursue the claim directly with the at-fault driver to collect your mini tort benefits.

If the at-fault driver and/or his or her auto insurance company refuse to pay your mini tort claim, then you will have to file a mini tort lawsuit against the at-fault driver in Small Claims Court.

You have three (3) years after the date of the crash to file your mini tort lawsuit. (MCL 600.5805(2))

How an attorney can help

An experienced attorney can guide you through every stage of the car accident lawsuit process in, ensuring your rights are protected and you have the best chance of securing fair compensation. Here’s how they can help:

• Case Evaluation and Strategy: They will review the details of your crash, assess your injuries, and determine the best legal strategy to pursue, whether that involves claims for pain and suffering, No-Fault PIP benefits, or mini tort cases for property damage.
• Proving Fault and Meeting Legal Thresholds: The will help establish that the other driver was at fault and that your injuries meet Michigan’s legal threshold for a “serious impairment of body function,” which is required to sue for pain and suffering.
• Filing Claims: They will handle all paperwork and deadlines, including filing claims with insurance companies and, if necessary, lawsuits in court.
• Evidence Collection and Investigation: They will gather crucial evidence such as police reports, medical records, witness statements, and accident scene documentation to strengthen your case.
• Negotiation with Insurance Companies: They will negotiate aggressively with insurance companies to ensure you receive a fair settlement, and are prepared to go to trial if a satisfactory offer is not made.
• Representation in Court: If your case goes to trial, the will provide skilled representation throughout the process, from pre-trial motions to presenting evidence and arguing on your behalf.
• Protecting Your Rights: They will ensure you do not make statements or sign documents that could harm your claim, and advise you on how to avoid common pitfalls during the Michigan car accident lawsuit process.

Why choose the attorneys at Michigan Auto Law to help guide you through the car accident lawsuit process

When you’ve been injured in a crash, you deserve a legal team that fights relentlessly for your rights and recovery. At Michigan Auto Law, our accomplished attorneys specialize in helping crash victims navigate every step of the car accident lawsuit process—from the first consultation to the final settlement or verdict.

We start by thoroughly evaluating your case, listening to your story, and identifying every possible path to compensation. Our attorneys will develop a customized legal strategy designed to maximize your recovery, pursuing Michigan No-Fault benefits, pain and suffering damages, and full compensation for your losses.

Don’t let the insurance company take advantage of you. Our attorneys handle all the heavy lifting—gathering crucial evidence, filing claims, negotiating aggressively with insurers, and, if necessary, taking your case to trial. We’re known for securing some of the largest settlements and verdicts in the state, and we’ll use every resource to get you the results you deserve.

With Michigan Auto Law, you’ll have a dedicated legal advocate working tirelessly on your behalf, ensuring you’re protected at every turn through the car accident lawsuit process. Let us guide you through the complexities of our state’s unique laws and fight for the compensation you need to move forward. Contact us today for a free consultation and see the difference experience makes!

Injured in a car crash in Michigan? Call the attorneys at Michigan Auto Law Now For A Free Consultation

If you were injured in an automobile crash and you have questions about the car accident lawsuit process in Michigan call now (800) 968-1001 for a free consultation with an experienced car accident attorney. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in automobile crashes.

Our secret? Our attorneys deliberately handle fewer cases than other personal injury law firms.  This allows us to focus more time and attention on our cases.

Unlike other law firms, our attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 2,500 5-Star Reviews that reflect this care and attention to detail.

More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck crash and car crash settlement in the state.

Call now so we can start making a real difference for you.