Car Accident While Pregnant: What To Do And Legal Rights
If a pregnant woman is involved in a car accident, it’s essential to seek medical attention right away—even if there are no visible injuries. Some complications, such as placental abruption or fetal distress, may not show immediate symptoms. Prompt evaluation can help protect the health of both mother and baby.
When a woman who is expecting has been injured in a crash, they can file a lawsuit to recover pain and suffering compensation and economic loss damages from the at-fault driver who caused the crash. They can also file a wrongful death lawsuit if the crash results in a miscarriage of your pregnancy.
It is hard to think of anything more terrifying than being involved in a crash while expecting. Regardless of how seriously you were injured, you must seek medical care as soon as possible. It is important to report your pregnancy to the EMTs who come to the scene of the crash, emergency room personnel, your obstetrician and any other medical specialists you are seeing.
What To Do If Injured In A Car Accident While Pregnant
If you are pregnant and are in a car accident, your top priority should be your health and the well-being of your baby. Even if the crash seems minor or you feel uninjured, it’s crucial to seek immediate medical attention, as some pregnancy-related injuries may not be immediately noticeable. Below are steps to take to ensure you are legally protected:
- Seek immediate medical attention – Prompt evaluation helps identify both visible and hidden injuries, including pregnancy-related complications that may not present symptoms right away.
- Report and document ALL injuries – Fully describing every symptom ensures proper diagnosis and creates a clear medical record linking the injuries to the crash.
- Never give statements or sign releases – Insurance companies may use early statements or releases to limit or deny claims before the full extent of injuries is known.
- File a No-Fault benefits application – Initiating a No-Fault claim preserves access to medical coverage, wage loss benefits, and other essential insurance protections.
- Obtain a copy of your police report – The crash report provides official documentation of how the crash occurred and supports both insurance and legal claims.
- Attend all medical appointments – Consistent treatment protects your health and strengthens the connection between the crash and ongoing injuries.
- Keep good records – Organized documentation of medical care, expenses, and communications helps support both insurance claims and potential lawsuits.
- Comply with notice requirements – Timely notice to the insurance company is required under Michigan No-Fault law to preserve eligibility for benefits.
- Consult an attorney – Legal guidance helps protect your rights, manage insurer communications, and ensure all deadlines and claim requirements are properly handled.
Seek immediate medical attention
If you are injured in a car accident while pregnant, call 911 immediately and request emergency medical assistance. Even if you feel fine after the crash, trauma to the abdomen, internal injuries, placental complications, or fetal distress may not produce immediate symptoms. Emergency responders can assess your condition, arrange transportation to a hospital if necessary, and create an official record documenting the collision and any injuries sustained by you or your unborn child.
Prompt medical evaluation is critical because some pregnancy-related complications, including placental abruption and preterm labor, can develop hours or even days after a motor vehicle crash. Calling 911 also helps protect your legal rights by ensuring that law enforcement investigates the crash and prepares a crash report. Medical records and emergency response documentation can later serve as important evidence if you need to pursue Michigan No-Fault benefits or a personal injury claim against the at-fault driver.
Report and document all injuries
If you are injured in a car accident while pregnant, report all injuries and symptoms to emergency responders, doctors, and hospital staff as soon as possible. This includes abdominal pain, cramping, vaginal bleeding, contractions, dizziness, headaches, neck or back pain, reduced fetal movement, and any other physical or emotional symptoms you experience after the crash. Even seemingly minor discomfort can indicate a serious injury to either the expectant mother or unborn child.
Accurately reporting all injuries is important for both your health and your legal rights. Medical providers rely on this information to diagnose and treat pregnancy-related complications that may not be immediately apparent. Additionally, detailed medical records can help establish a connection between the crash and your injuries, which may be necessary when seeking Michigan No-Fault benefits or pursuing compensation from the at-fault driver for pain and suffering damages.
Never give statements or sign releases
If you are injured in a car accident while pregnant in Michigan, do not give a recorded statement to an insurance adjuster or sign any medical authorization, settlement agreement, or release form before understanding your legal rights. Insurance companies may contact you shortly after the crash and ask questions about your injuries, medical treatment, or pregnancy. Because the full extent of pregnancy-related injuries and complications may not be known immediately, providing statements too soon can create problems later if your condition worsens.
Avoiding recorded statements and premature releases helps protect both your health-related claims and your legal options. Once you sign a release or accept a settlement, you may waive your right to seek additional compensation for injuries that develop after the crash. Before discussing your case with an insurance company, consider consulting an experienced lawyer who understands the unique medical and legal issues that can arise when an expectant mother is injured in a motor vehicle crash.
File a no fault benefits application
If you are injured in a car accident while pregnant, file an application for No-Fault benefits with the appropriate auto insurance company as soon as possible. No-Fault insurance can provide important benefits, including payment of medical expenses, lost wages, replacement services, and other covered costs related to your injuries. Filing promptly helps ensure that you preserve your rights and avoid potential disputes over eligibility or coverage.
Submitting a No-Fault application is especially important when a crash results in injuries that require ongoing medical treatment or monitoring during pregnancy. Pregnancy-related complications may not become apparent until days or weeks after the crash, making access to No-Fault benefits critical for obtaining necessary care. Because Michigan law imposes strict deadlines for providing notice and pursuing benefits, injured expectant mothers should act quickly and keep copies of all forms, medical records, and correspondence related to their claim.
Obtain police report
If you are injured in a car accident while pregnant, obtain a copy of the police report as soon as it becomes available. Law enforcement typically documents key details of the crash, including the parties involved, statements from drivers and witnesses, diagrams of the scene, and any citations issued. This report can be an important piece of evidence when determining how the crash happened and identifying the at-fault driver.
The police report also plays a critical role in protecting your legal and insurance rights. It can support your Michigan No-Fault insurance claim and any potential personal injury lawsuit by helping establish liability and confirming that the crash occurred. Because pregnancy-related injuries may require ongoing medical documentation, having an official crash report early in the process can help align medical records, insurance filings, and legal claims tied to the crash.
Attend all medical appointments
If you are injured in a car accident while pregnant, attend all medical appointments and follow-up care recommended by your healthcare providers. This includes emergency room visits, obstetric checkups, ultrasounds, diagnostic testing, physical therapy, and any specialist referrals. Consistent medical care is essential to monitor both maternal health and fetal well-being, since some pregnancy-related complications from a motor vehicle crash may develop or worsen over time.
Following your treatment plan also protects your legal claim. Gaps in medical care or missed appointments can be used by insurance companies to argue that your injuries are not serious or are unrelated to the crash. Detailed and continuous medical documentation helps establish the connection between the crash and your injuries, which is important when pursuing Michigan No-Fault benefits or compensation for pain and suffering damages.
Keep good records
If you are injured in a car accident while pregnant, keep detailed and organized records of everything related to the crash and your medical care. This includes medical records, hospital discharge papers, test results, prescription information, appointment summaries, and any documentation related to prenatal care or pregnancy complications following the crash. You should also retain records of expenses such as medical bills, transportation costs to appointments, and any lost wages.
Maintaining thorough records is important for both your health and your legal claim. Pregnancy-related injuries may evolve over time, and accurate documentation helps your healthcare providers track changes in your condition. It also strengthens your Michigan No-Fault insurance claim and any potential personal injury lawsuit by creating a clear timeline that connects the crash to your injuries, treatment, and financial losses.
Comply with notice requirements
If you are injured in a car accident while pregnant, comply with all insurance notice requirements as soon as possible. Michigan No-Fault law generally requires injured individuals to provide timely written notice of an -related crash injury to the appropriate auto insurance carrier in order to preserve eligibility for benefits such as medical expenses, wage loss, and replacement services. Missing or delaying required notice can create disputes or limit your ability to recover benefits.
Meeting notice requirements is especially important in pregnancy-related injury cases because some symptoms or complications may not appear immediately after the crash. Promptly notifying the insurer helps establish a clear record that the injury is crash-related and ensures the claim process begins without unnecessary delays. Keeping copies of all submitted notices and correspondence can help protect your rights and support any future claim for Michigan No-Fault benefits or additional compensation.
Consult an attorney
If you are injured in a car accident while pregnant, consult an experienced attorney as soon as possible to understand your rights and protect your potential claims. An attorney can help evaluate your injuries, explain Michigan No-Fault insurance benefits, and determine whether you may also have a claim for pain and suffering damages under Michigan’s serious impairment threshold. Early legal guidance is especially important in pregnancy-related cases, where medical complications may evolve over time and documentation requirements are strict.
Consulting a lawyer also helps prevent common mistakes that can harm a claim, such as giving recorded statements to insurance companies, signing early release forms, or missing critical filing deadlines. An attorney can handle communication with insurers, ensure proper notice is given, and help coordinate medical documentation so your claim accurately reflects the full extent of your injuries and any pregnancy-related complications arising from the crash.
What Symptoms Should A Pregnant Woman Monitor After A Car Accident?
If you experience any of the following symptoms after being in a car accident while pregnant, you should seek immediate medical attention:
- Changes in fetal movement or activity – Decreased or unusual movement could be a sign of fetal distress and should be reported to a healthcare provider immediately.
- Vaginal bleeding – This may be a sign of a serious complication such as placental abruption and requires immediate medical attention.
- Swelling of your fingers or face – This could indicate high blood pressure or other pregnancy-related complications that may require prompt medical evaluation.
- Severe or constant headaches – This could signal a concussion, high blood pressure, or other serious pregnancy-related conditions that need immediate medical attention.
- Abdominal or shoulder pain – These symptoms could indicate internal injuries or complications like placental abruption, which require urgent medical evaluation to protect both mother and baby.
- Vomiting (that is not related to morning sickness) – This could be a sign of a concussion, internal injury, or other pregnancy-related complication that should be promptly assessed by a medical professional.
What Injuries Should A Pregnant Woman Be Aware of After A Car Accident?
Injuries that a woman or a fetus may suffer from after a car accident while pregnant include:
- Preterm labor and premature birth – Crashes can trigger early birth
- Birth defects – Trauma from the crash could result in complications during pregnancy that can affect fetal development, making prompt medical care and monitoring essential.
- Coup-Contrecoup brain injury – This occurs when the brain is damaged both at the site of impact and on the opposite side due to sudden movement inside the skull; this type of injury after a crash to a woman who is expecting requires urgent medical care to protect her and the baby’s health.
- Placental abruption – This is a serious condition where the placenta separates from the uterus prematurely, which can threaten the health of both mother and baby and requires immediate medical attention.
- Premature rupture of membranes (PROM)– Signs of water breaking early after a crash can lead to infection and preterm labor, making the need for prompt medical attention.
- High–risk pregnancy – A crash can increase the risk of complications putting the pregnancy at high risk category that requires close monitoring and medical care.
- Direct fetal trauma – Impact to the abdomen can injure the baby
- Maternal shock – Occurs when the mother’s body experiences severe trauma or blood loss, leading to dangerously low blood pressure that can threaten both her life and the baby’s well-being.
- Uterine rupture – This is where the uterus tears, risking severe complications for both mother and baby
Can I File A Lawsuit for A Car Accident While Pregnant?
Yes, in Michigan, if you are pregnant and injured in a car accident, you have the right to file a lawsuit against the at-fault driver. You may be eligible to recover compensation for pain and suffering, excess medical expenses, and lost wages. In cases where the crash results in a miscarriage, you may also be entitled to bring a wrongful death claim.
How Long Do I Have To File a Lawsuit If I Was Pregnant and Injured In A Car Accident in Michigan?
If you were pregnant and injured in a car accident in Michigan, you generally have three years from the date of the crash to file a lawsuit against the at-fault driver for pain and suffering damages and other non-economic losses. This deadline is set by Michigan’s statute of limitations for personal injury claims under MCL 600.5805.
Being with child does not automatically extend our state’s filing deadlines. In most cases, you have three years from the crash date to file a personal injury lawsuit, but you may have much shorter deadlines for No-Fault insurance benefits and other claims. Because pregnancy-related injuries can affect both the mother and unborn child and may not be immediately apparent, it is important to speak with an attorney as soon as possible to protect your legal rights and ensure all applicable deadlines are met.
Can I Sue If I Was Pregnant And Partly At Fault For The Car Accident?
Yes. In Michigan, you can still file a lawsuit after a car accident even if you were pregnant at the time and partially at fault for causing the crash. Our state follows a modified comparative negligence system, which means your ability to recover compensation depends on your percentage of fault for the crash.
If you are 50% or less at fault, you may still recover damages from the other at-fault driver, but your compensation will be reduced by your share of responsibility. If you are more than 50% at fault, you are generally barred from recovering non-economic damages like pain and suffering. Regardless of fault, you may still be eligible for Michigan No-Fault Personal Injury Protection (PIP) benefits, which cover medical expenses, lost wages, and other related costs.
How Do I Recover Pain And Suffering Compensation If I Was Injured In A Car Accident While Pregnant?
In Michigan, if you were injured in a car accident while pregnant you can recover pain and suffering compensation by suing the at-fault driver, provided you can prove your injuries meet the “serious impairment of body function” threshold (MCL 500.3135). This compensation covers physical pain, emotional distress, and limitations on your daily life. Proof of this threshold is not required for excess economic damages, such as medical bills or lost wages.
Please note the distinction regarding economic damages:
- Pain and Suffering: Requires proof of a “serious impairment of body function.”
- Excess Economic Damages: You may also recover medical bills and lost wages that exceed the limits of your applicable auto insurance policy or No-Fault coverage. Proof of a “serious impairment of body function” is not required to recover these excess economic damages.
Can I Bring A Wrongful Death Lawsuit If I Was Pregnant And Suffered A Miscarrage After A Car Accident?
Yes, under Michigan law, if you are pregnant and in a car accident that results in a miscarriage, you may bring a wrongful death lawsuit against the at-fault driver. This legal action addresses the negligent act that caused the loss of the embryo or fetus. You may be entitled to recover compensation for pain and suffering, loss of society and companionship, and related medical or funeral expenses.
What Are The Legal Requirements For A Wrongful Death Claim?
Under MCL 600.2922a(1), 600.2922(1), and 500.3135(1), a pregnant individual may bring this action if the crash resulted in a miscarriage—defined as the death of an embryo (before the end of the 10th week) or a fetus (from the 11th week onward).
In these cases, the law allows for recovery of damages including:
- Pain and suffering compensation.
- Loss of society and companionship of the deceased.
- Reasonable medical, hospital, funeral, and burial expenses.
Please note that according to Michigan law, this lawsuit must be brought by the personal representative of the estate of the embryo or fetus whose death resulted from the miscarriage.
What No-Fault Benefits Am I Entitled To After Being In A Car Accident While Pregnant?
If you are pregnant and injured in a car accident, you are entitled to Michigan No-Fault PIP benefits to cover crash-related medical bills, lost wages, and transportation costs to medical appointments. You may also recover costs for household replacement services and attendant care. You must file your application for these benefits with the auto insurance company within one year of the crash.
How Do I Recover Michigan No-Fault Benefits If Pregnant And Injured In A Car Accident?
In Michigan, in order to recover No-Fault benefits after being injured in a car accident while pregnant, you must file an application for No-Fault benefits with your auto insurance company within one (1) year of your crash. (MCL 500.3145(1) and (4)). Failure to file this application will result in you being disqualified from ever being able to apply for, recover or sue for No-Fault benefits as a result of the crash that caused your injuries. If you do not have your own auto insurance coverage, then you will generally file your application for No-Fault benefits with your spouse’s insurer, the insurer of a relative who lives in your home or with the Michigan Assigned Claims Plan.
It is important to remember to file an application for Michigan No-Fault benefits on behalf of your child once you give birth after your crash. This way, you will ensure that your child will receive any and all No-Fault medical benefits coverage that he or she may need as a result of crash-related injuries suffered while in utero.
What Is The Average Settlement For A Car Accident While Pregnant Case?
There is no fixed average settlement for a car accident involving a pregnant woman, as every case is unique. Final compensation is determined by the severity of maternal and fetal injuries, pregnancy complications, total economic damages, and the insurance policy limits of the at-fault driver. An experienced attorney can evaluate your specific damages to estimate your claim’s value.
Is It Worth Getting A Lawyer After A Car Accident While Pregnant?
Yes—it is often worth getting a lawyer after a car accident while pregnant in Michigan, especially if you have any injury symptoms, ongoing medical treatment, or uncertainty about how the crash may affect your pregnancy. Pregnancy-related injuries can be medically complex, and some complications (such as placental issues or preterm labor risks) may not be immediately obvious after the collision.
An attorney can help protect your rights under Michigan’s No-Fault system, including securing PIP benefits for medical care, lost wages, and related expenses, while also evaluating whether you have a claim for pain and suffering damages against an at-fault driver. A lawyer also handles communication with insurance companies, which is important because early statements or settlement offers may not account for the full scope of pregnancy-related injuries that develop over time.
Why Should I Choose Michigan Auto Law If I’m Pregnant And Injured In A Car Accident?
Michigan Auto Law is uniquely positioned to handle car accident injury claims involving pregnant women, with more than 50 years of experience focused exclusively on motor vehicle crash cases. This deep specialization allows us to navigate our state’s complex No-Fault and third-party injury laws with precision, ensuring that pregnancy-related injuries and complications arising from motor vehicle crashes are properly evaluated, documented, and pursued for full compensation.
Our law firm is also one of the most awarded and recognized auto crash injury law firms in the state, with attorneys consistently named among Super Lawyers, Best Lawyers in America, Best Law Firms and holding the highest ethical and legal ratings from Martindale-Hubbell. We have secured record-setting verdicts and settlements — including multiple eight-figure recoveries — demonstrating a proven ability to maximize compensation in serious injury cases.
Clients also benefit from a personalized, client-first approach. Each case receives focused attention, clear communication, and compassionate support, and clients pay no legal fees unless compensation is recovered. With over 3,000 five-star reviews and decades of peer recognition, We combine legal excellence with trusted advocacy for people injured in automobile crashes.
Injured In A Car Accident While Pregnant And Need A Lawyer? Call Now For A Free Consultation!
If you were injured in a crash while pregnant in Michigan and have concerns and questions about your legal rights to pain and suffering compensation, economic damages and auto No-Fault insurance benefits, call now (800) 968-1001 for a free consultation with one of our experienced car accident lawyers. 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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Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
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