Police Car Causes Accident In Michigan: Can I Sue?
You may be able to sue if a police car causes an accident. Under Michigan’s auto law you will first need to prove: (1) an exception to governmental immunity applies; (2) the city and/or the police officer were negligent in operating the patrol cruiser; and (3) your injuries caused you to suffer a serious impairment of body function.
Many states, including Michigan, confer broad immunity that protects and shields governmental agencies and employees. To overcome this tort immunity, there are two exceptions that apply when a police car causes an auto accident in Michigan:
- Motor vehicle exception – A governmental agency can be held liable for personal injury or property damage when it is caused by a governmental employee’s negligent operation of a government-owned motor vehicle.
- Governmental employee exception – A governmental employee can be held liable for injury to a person or damage to property when it was caused by the employee’s gross negligence.
Once it has been shown that a city and its police officer who causes a car accident in Michigan does not have immunity against being sued in a lawsuit, an injured crash victim must then show that he or she has also suffered a “serious impairment of body function” as a result of his or her crash-related injuries.
“Serious impairment of body function” is the legal threshold that Michigan’s auto law requires all crash victims to meet in order to bring a lawsuit and recover for pain and suffering compensation from an at-fault driver and/or responsible parties. (MCL 500.3135(1), (2), (3)(b)) This auto threshold law applies to all car accidents in Michigan, not just those caused by police officers. Any person injured in this state who has been involved in a motor vehicle crash must show that the party that caused the car crash was negligent, that they were injured, and that these injuries meet the threshold requirement of a serious impairment of body function to recover money damages in a lawsuit against a wrongdoer/negligent driver.
What should I do immediately after a police caused my car accident in Michigan?
If a police car causes your accident, the steps you take right away can affect both your safety and your ability to recover compensation later.
- Request an independent investigation. Ask that a different law enforcement agency — such as the Michigan State Police or the county sheriff’s department — handle the official crash report instead of the officer’s own department.
- Document the scene. Take photos of vehicle positions, damage, skid marks, traffic signals, and weather conditions.
- Note whether emergency lights and sirens were active. This affects which negligence standard applies to the officer’s conduct.
- Preserve digital evidence early. Send a formal request to preserve evidence — sometimes called a spoliation letter — to prevent dashcam footage, body camera footage, or GPS and speed data from being deleted or overwritten. Patrol cruisers typically log this information automatically, and it can be lost quickly if not preserved right away.
- Apply for No-Fault PIP benefits through your own auto insurer regardless of who was at fault for the crash.
- Consult a Michigan attorney promptly. Claims against a government entity carry notice deadlines that are much shorter than Michigan’s standard lawsuit deadline.
Can I sue the city for pain and suffering if its police car causes an accident that injures me in Michigan?
In Michigan, you may be able to recover pain and suffering compensation from a city if a police car causes an accident that injures you. You will need to show: (1) the “motor vehicle exception” to governmental immunity applies; (2) the driver was negligent; and (3) you suffered a “serious impairment of body function.”
Generally, a governmental agency such as a city is immune from tort liability for personal injury or property damage that occur “in the exercise or discharge” of the city’s “governmental function.” (MCL 691.1407(1))
However, under the “motor vehicle exception” to governmental immunity, a city “shall be liable for bodily injury and property damage resulting from the negligent operation” of a city-owned motor vehicle by a city employee, officer or agent. (MCL 691.1405)
The Michigan Supreme Court has ruled that pain and suffering compensation and emotional distress damages as well as excess No-Fault benefits (for medical expenses and lost wages) may be recovered in a lawsuit brought under the “motor vehicle exception.” (Hannay v. Department of Transportation and Hunter v. Sisco, #146763 and #147335, December 19, 2014, page 3, 29 and 41)
But the Michigan Supreme Court has also ruled that claims for loss of consortium are not recoverable under the “motor vehicle exception.” (Wesche v. Mecosta County Road Commission and Kik v. Sbraccia, #129282 and #132849, April 3, 2008, pages 2, 10, 18)
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Can I sue the city for wrongful death if an officer kills a loved one in an automobile crash?
In Michigan, you may be able to file a wrongful death lawsuit against a city if a city police car causes an accident that takes your loved one’s life. You will need to show: (1) the “motor vehicle exception” to governmental immunity applies; and (2) your loved one’s death resulted from negligent operation of the patrol cruiser.
Unfortunately, a claim for loss of consortium is not recoverable under the “motor vehicle exception” to governmental immunity – even through a wrongful death lawsuit. (Wesche v. Mecosta County Road Commission and Kik v. Sbraccia, #129282 and #132849, April 3, 2008, pages 2, 10, 18)
Can I sue the police officer if his or her police car causes an accident?
In Michigan, if a police car causes and an accident and you are injured you may be able to recover pain and suffering compensation from the officer who injured you. You will need to show: (1) the “governmental employee exception” to immunity applies; (2) the officer was grossly negligent; and (3) you suffered a “serious impairment of body function.”
Whether gross negligence can be proved depends on how the officer was driving at the time. For instance, even though a police officer is authorized to exceed the speed limit when responding to an emergency (so long as the siren is activated and the emergency lights are flashing), if the officer did so in a way that “endanger[ed] life or property,” a jury or a judge may conclude that the officer’s actions amounted to “gross negligence.” (MCL 257.603(3)(c); MCL 691.1407(8)(a)))
Generally, governmental employees such as officers are “immune from tort liability for an injury to a person or damage to property” that they cause “while in the course of [their] employment or service . . .” (MCL 691.1407(2))
However, if a police car causes a car accident in Michigan, the governmental employee’s immunity does not apply if his or her “conduct” amounts to “gross negligence that is the proximate cause of the injury or damage.” (MCL 691.1407(2)(c))
The Michigan Governmental Immunity Act defines “gross negligence” as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” (MCL 691.1407(8)(a))
If an officer violated a specific department policy at the time of the crash — for example, engaging in a high-speed pursuit against departmental guidelines — that violation can serve as evidence supporting a finding of gross negligence, strengthening a claim against the officer or the department.
In addition to recovering pain and suffering compensation, if a police car causes and an accident in Michigan and you are injured you may be able to recover excess No-Fault benefits to cover medical bills and lost wages that exceed what is covered by your auto insurance policy and/or the limitations in Michigan’s No-Fault law.
Importantly, the Michigan Supreme Court has ruled that claims for loss of consortium are recoverable under the “governmental employee exception.” (Wesche v. Mecosta County Road Commission and Kik v. Sbraccia, #129282 and #132849, April 3, 2008, pages 2, 16, 18)
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Can I recover No-Fault PIP benefits if I’m injured in automobile crash by an at-fault officer?
If a police car causes a car accident in Michigan that injures you, you may be able to recover No-Fault PIP benefits to pay for your medical expenses, lost wages, medical mileage (expenses for traveling to and from doctor and medical appointments), household replacement services and attendant care services.
In order to begin receiving No-Fault benefits, you must file an application – which is also called a “written notice of injury” – with the responsible auto insurance company within one (1) year after the automobile crash. (MCL 500.3145(1) and (4))
If you fail to file the application on time – within ONE YEAR from the date of the automobile crash – you will be forever disqualified from claiming and recovering the benefits that you might have otherwise been legally entitled to.
The auto insurance company that is responsible for paying your No-Fault PIP benefits will be your own insurer or the insurer of your spouse or a relative who lives in your home. If coverage is not available through any of those sources, then you will need to file an application for benefits with the Michigan Assigned Claims Plan.
How soon do I need to file a claim if a police car causes an accident in Michigan?
Claims against a government entity — such as a police department, city, county, or the State of Michigan — can be subject to a much shorter notice deadline than the three-year statute of limitations that applies to most car accident lawsuits if the crash was caused by a government employee. If you don’t provide the required notice within this shorter window, you may be permanently barred from recovering compensation, even if the officer was clearly at fault.
- Notice of claim deadline: Varies depending on whether the defendant is the State of Michigan, a county, a municipality or the federal government; may not be a single uniform figure
- No-Fault PIP application deadline: One year from the date of the crash, filed with your own auto insurer (MCL 500.3145)
- Third-party lawsuit deadline: Three years from the date of the crash for a personal injury lawsuit (MCL 600.5805)
Because notice requirements for claims against government entities can be far shorter than people expect and vary by which entity is involved, it’s important to speak with an attorney as soon as possible after a police car causes your accident.
Why choose the lawyers at Michigan Auto Law if you were injured in an accident caused by a police car?
Michigan Auto Law focuses exclusively on auto accident cases, giving our attorneys deep experience navigating complex No-Fault and third-party injury laws — including cases where a police car causes an accident and governmental immunity comes into play. This focus helps ensure that injury claims 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 3,500 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 caused by a police car? Call Michigan Auto Law now!
If you or a loved on was injured in a crash caused by a police car in Michigan, call now (800) 968-1001 for a free consultation with one of our experienced car accident attorneys. 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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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 accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck accident and car accident settlement in the state.
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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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