Suing Someone After A Car Accident In Michigan: FAQs Answered

Michigan is both a No-Fault insurance state and a tort threshold state, meaning it has a crash injury threshold and special rules that apply to suing someone after a car accident. These unique requirements apply to filing a lawsuit against the at-fault driver who causes a crash for pain and suffering compensation, lost wages, medical bills, future economic loss, and vehicle repair costs.

A driver who is injured in a car accident in Michigan can bring a lawsuit to sue the at-fault driver for pain and suffering compensation but the injured driver must first be able to show that he or she has suffered a “serious impairment of body function.”

This serious impairment of body function is a threshold test that any person injured in a vehicle crash must first meet in order to recover pain and suffering compensation.

Under our state’s auto No-Fault insurance law, this threshold test is part of a balancing act between the state’s first-party No-Fault law that requires your own insurance company to pay No-Fault personal protection insurance benefits – also known as No-Fault PIP benefits – to crash victims to cover their collision-related medical expenses and to reimburse them for lost wages if they are unable to return to work and the tort law that allows a person injured in a crash to file a lawsuit against the at-fault driver who caused the crash.

A person injured in a car accident in Michigan can sue if the No-Fault PIP medical benefits coverage level in the policy through which a crash victim is claiming benefits provides less than “unlimited” No-Fault medical coverage AND if the victim’s medical costs exceed the coverage level in the policy.

When that happens, the victim can file a lawsuit against the at-fault driver for “excess” medical benefits, i.e., money damages to cover the extent to which the victim’s medical bills exceed the amount that the auto insurance company is obligated to pay under the policy.

In the event that a person’s vehicle suffers damage, they can file a lawsuit against the at-fault driver for up to $3,000 in vehicle damage repair costs under our state’s mini tort law. (MCL 500.3135(3)(e))

How to sue someone after a car accident in Michigan?

To sue someone after a car accident in Michigan, you must prove fault and document your damages. The process includes filing a complaint, preserving evidence, seeking settlement, and going to trial if needed. Below are more details on the steps to take.

Report the crash

When suing someone after a car accident in Michigan, reporting the crash is a critical first step in protecting your legal rights. Calling law enforcement and obtaining a police crash report creates an official record of when, where, and how the crash occurred, who was involved, and what conditions may have contributed to the crash. This report is often a central piece of evidence in a lawsuit because it helps establish fault, identifies witnesses, and documents scene conditions that may later be disputed.

Failing to report a crash can seriously weaken your legal claim and reduce your ability to recover compensation. Insurance companies and defense attorneys frequently challenge cases that lack formal documentation, and courts rely heavily on objective evidence when evaluating negligence and damages. Promptly reporting the crash and preserving the crash report, medical records, and related documentation strengthens your case and positions you more favorably if litigation becomes necessary.

Preserve evidence

When suing someone after a car accident in Michigan, preserving evidence is essential to proving fault and the extent of your damages. Photographs of the vehicles, the scene, skid marks, traffic signals, and visible injuries can provide objective proof of how the crash occurred and who was responsible. Keeping copies of the police report, medical records, repair estimates, and witness contact information helps prevent disputes later and ensures that key facts are not lost as time passes.

Failing to preserve evidence can weaken your case and allow the at-fault party or their insurer to challenge liability, causation, or the seriousness of your injuries. Physical evidence can disappear quickly as vehicles are repaired, scenes change, and memories fade. By securing and organizing evidence early, you strengthen your legal position, improve your credibility, and increase your ability to recover fair compensation through settlement or trial.

File a No-Fault insurance claim

When suing someone after a car accident in Michigan, filing a No-Fault insurance claim is a necessary step before or alongside pursuing a lawsuit. Our state’s No-Fault system requires you to seek payment for medical bills, wage loss, and certain out-of-pocket expenses from your own insurer, regardless of who caused the crash. Submitting your application for benefits on time preserves your right to coverage and creates a formal record of your injuries, treatment, and financial losses.

Failing to file a No-Fault claim or missing the required deadlines can limit or completely bar your ability to recover these benefits. Insurance companies often deny or dispute claims that are late, incomplete, or unsupported by medical documentation. By promptly filing your No-Fault claim and maintaining accurate records of your expenses and treatment, you protect your financial recovery and strengthen your position if you later proceed with a lawsuit against the at-fault driver.

Determine if you can file a lawsuit against the at fault driver

When suing someone after a car accident in Michigan, you must first determine whether the law allows you to file a lawsuit against the at-fault driver. Our state’s No-Fault system limits lawsuits for pain and suffering to cases involving a “serious impairment of body function,” permanent serious disfigurement, or death. This legal threshold is designed to reduce minor claims and means that not every injured person has the right to pursue a third-party lawsuit, even when the other driver was clearly negligent. (MCL 500.3135(1), (3)(b))

Failing to meet this legal threshold can result in your case being dismissed before it ever reaches a jury. Insurance companies and defense attorneys routinely challenge whether an injury qualifies as serious enough under the statute. By carefully evaluating your medical condition, treatment history, and how the injury affects your daily life, you can determine whether a lawsuit against the at-fault driver is legally viable and worth pursuing.

If your vehicle was damaged, you may also file a lawsuit for property damage beyond what insurance covers, and our state’s “mini-tort” law allows you to recover up to a statutory limit (often around $3,000) for vehicle damage not covered by insurance. This means that even when a pain and suffering lawsuit is not available, you may still pursue compensation for out-of-pocket vehicle losses caused by the at-fault driver.

Statute of limitations (deadlines to file)

When suing someone after a car accident in Michigan, you must file your lawsuit within the statute of limitations to protect your right to compensation. Personal injury or wrongful death claims generally must be filed within three years of the crash, or the court may dismiss the case regardless of evidence. (MCL 600.5805(1) and (2))

For claims involving No-Fault insurance benefits, including medical bills and wage loss, the deadline is typically one year from when the expense was incurred or the benefit was due. (MCL 500.3145(1)) Filing your claim within this time frame ensures your insurance provider cannot deny payment based on timeliness. Understanding and adhering to these deadlines is critical when pursuing a lawsuit in our state, as failing to act promptly can prevent you from recovering both personal injury damages and No-Fault benefits.

File your lawsuit in the proper court

When suing someone after a car accident in Michigan, it is important to file your lawsuit in the proper court based on the type of claim. For personal injury or wrongful death claims, cases must be filed in circuit court, which handles more complex and higher-value matters. Filing in the correct court ensures that your case is heard by a judge with the authority to award damages for serious injuries, medical expenses, lost wages, pain and suffering, and, in wrongful death cases, funeral costs and other recoverable losses.

For smaller claims, such as property damage under our state’s mini-tort law, the appropriate venue is small claims court. Mini-tort claims allow you to recover up to a statutory limit (often around $3,000) for vehicle damage not covered by insurance. Filing in small claims court provides a simpler and faster process for recovering limited amounts, while still protecting your legal rights and giving you a formal avenue to seek compensation from the at-fault driver.

Negotiate settlement or proceed to trial

When suing someone after a car accident in Michigan, most cases are resolved through negotiation before reaching trial. After filing a lawsuit, both parties typically exchange evidence, review medical records, and evaluate the damages. Settlement negotiations allow the at-fault driver’s insurance company and your legal representative to agree on fair compensation for medical bills, lost wages, pain and suffering, and property damage without the time and expense of a full trial.

If a settlement cannot be reached, the case proceeds to trial, where a judge or jury evaluates the evidence and determines liability and damages. Preparing for trial involves gathering detailed documentation, presenting expert testimony, and demonstrating the full impact of your injuries and losses. Whether through settlement or trial, following this process ensures that your legal rights are protected and increases your chances of receiving appropriate compensation for the crash.

Consider hiring an attorney

When suing someone after a car accident in Michigan, considering hiring an attorney can significantly strengthen your case and protect your legal rights. Our state’s no-fault laws, injury thresholds, and strict filing deadlines make personal injury claims complex, and an experienced attorney can guide you through each step. From evaluating whether your injuries meet the legal threshold to gathering evidence and filing paperwork correctly, having professional representation ensures that you do not miss critical opportunities to recover compensation.

An attorney can also handle negotiations with insurance companies and represent you in court if your case proceeds to trial. Many auto crash injury attorneys work on a contingency fee basis, meaning they are paid only if you receive a settlement or judgment. By hiring an attorney, you benefit from expert guidance, reduce the stress of managing the legal process on your own, and maximize your potential recovery for medical expenses, lost wages, pain and suffering, and property damage.

What can you sue someone for after a car accident in Michigan?

In Michigan, you may be able to sue someone after a car accident if they are at-fault for the crash for pain and suffering compensation, excess wage loss benefits, excess medical benefits and vehicle damages up to $3,000. You may also be able to file a lawsuit against your auto insurance company for No-Fault benefits that are unpaid.

Therefore, we can say that anyone injured in a vehicle crash in our state has 3 potential cases that he or she can file a lawsuit for: the first is against his or her own insurance company for overdue or unpaid PIP benefits; the second is against the at-fault driver for causing the injuries, harms and losses from the crash itself; and the third is a mini-tort claim for vehicle damage and vehicle repair costs of up to $3,000. (MCL 500.3135(3)(e))

Can I sue the at-fault driver?

In Michigan, you can sue the at-fault driver after a car accident to recover your pain and suffering compensation, excess wage loss benefits, excess medical benefits and for a mini tort recovery to pay for repairing damage to your vehicle.

What do I need to know about suing the at-fault driver for pain and suffering after a work-related car accident?

When suing someone after a work-related car accident in Michigan, you can file a lawsuit for pain and suffering compensation against the at-fault driver, provided they are not a co-worker or your employer.

The Worker’s Comp law’s “exclusive remedy” provision does not prohibit an injured worker from suing a third-party – such as an at-fault driver – for tort liability. (MCL 418.131(1); 418.827(1) and (5))

But, your employer or his or her Worker’s Compensation insurance company may be able to seek monetary reimbursement for what it has paid you in benefits by putting a lien on your recovery for pain and suffering compensation – under certain circumstances. (MCL 418.827(5))

The Michigan Supreme Court in Great American Insurance v. Queen has said that a reimbursement lien is authorized only if the Worker’s Comp benefits are more than a “substitute” for the benefits you would have received under our state’s auto No-Fault insurance. The Worker’s Comp benefits must “exceed no-fault benefits in amount or duration” and, if they do, then the lien is limited to reimbursement for the excess amount.

In terms of suing someone for wage loss benefits after a work-related car accident in Michigan, there has always been the potential for a reimbursement lien because Worker’s Comp wage loss continues “for the duration of the disability” (MCL 418.301(7) and (8)), whereas No-Fault wage loss only continues during the first 3 years after the date of the crash. A lien could be used to seek reimbursement for Worker’s Comp wage loss paid after the three-year No-Fault limit had been exhausted.

However, as a result of the new No-Fault law that was enacted in June 2019, there may now be the potential for reimbursement lien based on medical benefits. Prior to 2019, No-Fault was similar to Workers’ Comp because both required “unlimited” medical benefits to the extent they were reasonable and necessary. (MCL 500.3107(1)(a) and 418.315(1))

But now with the new No-Fault PIP medical benefits coverage levels, there is a new potential for Workers’ Comp medical benefits to exceed No-Fault medical in both amount and duration, thus creating the possibility for a reimbursement lien based on medical benefits. Under the new No-Fault PIP medical benefit coverage levels, drivers can choose to retain “unlimited” coverage or they can choose to cap their coverage at $50,000 (for drivers enrolled in Medicaid), $250,000, $500,000, or opt-out completely if they have Medicare. (MCL 500.3107c(1) and 500.3107d(1) and (7)(b) and (c))

In other words, suppose a person has No-Fault medical coverage with a $250,000 limit in his or her auto insurance policy and the person is injured in a work-related crash. If the person successfully sues the at-fault driver after the car accident in Michigan, then his or her employer’s Workers’ Comp insurance company can file a lien against the pain and suffering recovery to seek reimbursement for Workers’ Comp medical benefits paid in excess of $250,000.

If I’m in a car accident in Michigan do I sue the driver or insurance company?

If you’re trying to recover money damages for your injuries, pain and suffering, excess wage loss and future medical bills, then you’ll sue the at-fault driver who caused the car accident in Michigan. If you’re trying to recover unpaid, overdue, or late No-Fault benefits, you’ll file a lawsuit against your insurance company.

If my vehicle was totaled in a car accident in Michigan, can I sue someone for the full value of my vehicle damage?

If your vehicle was totaled in a car accident in Michigan, whether you can sue someone for the full value of your vehicle damage depends on the at-fault driver’s insurance status. If the at-fault driver was insured at the time of the crash, our state’s mini-tort law limits your recovery to no more than $3,000 for vehicle damage repair costs. (MCL 500.3135(3)(e)) However, if the at-fault driver was uninsured, you can file a lawsuit to recover the full value of your vehicle damage.

How much can someone sue for a car accident?

Michigan law imposes no monetary limit on how much you can sue an at-fault driver after a car accident for in terms of pain and suffering compensation and excess wage loss and medical benefits. However, your recovery may be limited by the at-fault driver’s liability coverage. The most you can recover for vehicle damage under the mini tort law is $3,000. (MCL 500.3135(3)(e))

When suing someone after a car accident in Michigan, your recovery for pain and suffering, excess wage loss, or medical benefits is generally limited to the at-fault driver’s liability insurance coverage. You may pursue additional compensation from the driver’s personal assets only if their liability exceeds the limits of their auto insurance.

Under our state’s auto law, drivers are required to carry bodily injury liability insurance – which is also called third-party insurance – with limits of $250,000 and $500,000, although the law permits drivers to choose dramatically lower bodily injury insurance limits of $50,000 and $100,000 as well.

Given the substantial liability exposure that all drivers in our state face if they cause a serious injury after a vehicle crash, many drivers are also turning to umbrella coverage for added protection. The at-fault driver who injured you may have additional liability coverage through an umbrella policy. Insurance agents are also writing more policies with uninsured and underinsured motorist coverage to also protect drivers if the person who causes the crash is either uninsured or underinsured.

Can someone sue for property damage after a car accident in Michigan?

If you’re in a car accident in Michigan and your vehicle is damaged, you can sue the at-fault driver under the mini tort law for up to $3,000. However, if the damage was to your safely parked vehicle or other tangible property, you can file a PPI claim with the driver’s insurance company. Recovery is limited to $1 million.

Can I sue someone for negligence after a car accident in Michigan?

In Michigan, you can sue someone for negligence after a car accident to recover compensation for pain and suffering, excess wage loss, excess medical expenses, and vehicle repairs under the mini-tort law. To recover pain and suffering compensation, you must also demonstrate that your injuries caused a “serious impairment of body function” as defined under state law.

Who can I file a lawsuit against if the at-fault driver was uninsured?

You could sue the uninsured, at-fault driver, after the car accident in Michigan but your attorney will have to determine if this person has personal assets or the ability to pay for the harms and losses they have caused. If you have “uninsured motorist coverage,” you can file a claim with your own auto insurer. Some policies will require you to also file a lawsuit against the uninsured driver who caused the crash as part of an uninsured motorist lawsuit.

Who can I file a lawsuit against if the at-fault driver’s insurance doesn’t cover what I’m owed?

If the at-fault driver has significant personal assets, then you may consider suing and forcing him or her to pay out-of-pocket what you are owed. Alternatively, if you have “underinsured motorist coverage,” then you can file a claim with your insurer. You may need to file a lawsuit if your claim is denied.

Injured and have questions about suing someone after a car accident in Michigan? Call our attorneys now for a free consultation!

If you are injured in a crash in Michigan and you are looking to sue someone call now (800) 968-1001 for a free consultation with an experienced car accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.

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