Hit By A Drunk Driver in Michigan, Can I Sue?
If you were hit by an at-fault drunk driver in Michigan, you can pursue four primary types of legal recovery:
- Pain and suffering compensation
- Wrongful death damages if you lost a loved one
- Medical bills and lost wages not covered by car insurance
- Mini tort damages to pay for your vehicle damage repair costs
What steps should you take immediately after being hit by a drunk driver in Michigan?
If you or a loved one is hit by a drunk driver in Michigan, taking prompt, methodical action is vital for protecting your health, preserving physical evidence, and securing your right to compensation.
- Prioritize physical safety and move away from traffic: If your vehicle is operational and the situation allows, move to a safe location on the shoulder or side of the road to avoid secondary collisions.
- Avoid confrontation with the driver: Keep your distance from the intoxicated motorist, do not engage in arguments, and wait safely inside your locked vehicle or away from the roadway until law enforcement arrives.
- Call 911 for emergency dispatch: Request police and medical assistance immediately. Ensure local law enforcement or the Michigan State Police file an official crash report and conduct sobriety or chemical testing on the motorist.
- Seek immediate medical evaluation: Go to an emergency room or urgent care center right away, even if you feel fine. Adrenaline often masks severe injuries like traumatic brain injuries, internal bleeding, or spinal trauma, and prompt treatment creates the medical records necessary for your claim.
- Document the accident scene: If you are physically able, use your smartphone to photograph vehicle damage, debris, skid marks, road conditions, and visible injuries. Collect contact information from any eyewitnesses.
- Preserve evidence of alcohol involvement: Note the responding officer’s badge number, look for signs of impairment (such as an odor of alcohol or open containers), and request a copy of the police crash report.
- Protect your communications: Report the accident to your own insurance company to open a No-Fault claim, but stick strictly to basic facts. Refuse to give recorded statements or sign documents for the intoxicated motorist’s insurance adjuster until you have legal representation.
- Consult an attorney: Contact a Michigan car accident lawyer promptly to protect your interests, navigate complex auto no-fault rules, and investigate potential third-party or dram shop liability if the motorist was overserved at a bar or restaurant.
Can I sue a drunk driver that hit me in Michigan?
If you were hit by a drunk driver in Michigan, you may be able to sue if: (1) he or she was at-fault; (2) you suffered personal injury, and those injuries meet the threshold of constituting a “serious impairment of body function” under MCL 500.3135(3) your loved one lost his or her life in the crash, in which case the estate can bring a wrongful death lawsuit on behalf of the deceased; (4) you incurred “excess” medical bills and lost wages that exceed your No-Fault policy limits; and/or (5) the cost to repair your vehicle damage is $3,000 or less under the state’s mini tort law (MCL 500.3135(3)(e)).
If a motorist who is under the influence of alcohol crashed into me, can I bring a car accident lawsuit to sue for pain and suffering compensation?
In Michigan, if you are hit by a drunk driver and injured you may be able to sue for pain and suffering compensation. But, under the No-Fault law you will have to be able to prove that he or she was at-fault or negligent and that your injuries have caused you to suffer a “serious impairment of body function.”
Pain and suffering compensation may cover damages for the following under M Civ JI 50.02:
- Physical pain and suffering
- Mental anguish
- Fright and shock
- Inability to be with and socialize with family and friends
- Embarrassment
- Anxiety
“Serious impairment of body function” is the legal threshold under Michigan’s No-Fault auto law for pain and suffering compensation, which is also referred to as “noneconomic loss” damages. In other words, unless you can show that you suffered a “serious impairment of body function,” you cannot sue for pain and suffering compensation if you were hit by a drunk driver and injured in a crash.
How is fault and negligence established against a drunk driver in Michigan?
If a driver who chose to operate under the influence of alcohol hits you, they are automatically considered negligent under Michigan law because driving drunk breaches the basic legal duty to exercise ordinary care.
- Proof of Negligence: Violating Michigan’s drunk driving statute (MCL 257.625) serves as direct evidence of negligence, evaluated under standard jury instructions like M Civ JI 12.01. Furthermore, failing to use the ordinary care that a reasonably careful person would use satisfies civil liability requirements (M Civ JI 10.02).
- The Modified Comparative Fault Rule: Michigan follows a 50% comparative negligence threshold (MCL 500.3135(2)(b)). You can still recover compensation for a drunk driving crash as long as you are found to be 50% or less at fault, though your total recovery will be reduced by your exact percentage of fault. If you are found to be 51% or more at fault, you lose the right to pursue pain and suffering damages entirely.
- Proof of Intoxication: A criminal drunk driving conviction, a high Blood Alcohol Concentration (BAC), or a police report documenting failed sobriety tests acts as powerful, immediate evidence of negligence in a civil court.
Can I sue for wrongful death if I have been hit by a drunk driver and it caused the death of a loved one?
If you were hit by a drunk driver in Michigan and you lost a loved one in the crash, then you will be able to sue the at-fault intoxicated motorist for wrongful death. A wrongful death lawsuit allows you and your family to recover damages for pain and suffering, loss of companionship and loss of financial support.
The wrongful death lawsuit must be brought by the personal representative of your loved one’s estate. The personal representative is appointed by a probate court judge.
If someone driving under the influence of alcohol crashed into me, can I sue the bar that overserved the motorist?
If you or a family member was hit by a drunk driver in a car accident and injury, Michigan’s dram shop law will allow you to sue the bar that overserved the patron if you can show: (1) the patron was “visibly intoxicated” when the bar served alcohol to them; and (2) the sale was the “proximate cause” of your injuries. (MCL 436.1801(2))
Michigan’s dram shop law prohibits bars, restaurants and other businesses that are licensed by the state to serve alcohol from selling, furnishing or giving “alcoholic liquor to an individual who is visibly intoxicated.” (MCL 436.1801(1))
A person who has been injured or who has lost a family member because he or she was hit by a drunk driver “has a right of action” against the person or bar who by unlawfully serving alcohol to the “visibly intoxicated” motorist “has caused or contributed to the intoxication of the person or who has caused or contributed to the damage, injury, or death.” (MCL 436.1801(2))
You have two (2) years “after the injury or death” to bring a dram shop lawsuit. Additionally, after you enter “an attorney-client relationship for the purpose of pursuing a claim under this section,” you “shall give written notice to all defendants within 120 days.” (MCL 436.1801(3))
How does financial compensation work being hit by a drunk driver in Michigan?
Compensation for a crash when you are hit by a drunk driver in Michigan is split into two distinct tracks under the state’s No-Fault auto insurance framework:
1. First-Party Benefits (No-Fault PIP): Regardless of fault, your own auto insurance policy (or a qualifying relative’s policy, or the Michigan Assigned Claims Plan) covers immediate economic losses through Personal Protection Insurance. These benefits cover:
- Medical Expenses: Reimbursed up to the specific PIP coverage limit selected on the policy (ranging from $50,000 for Medicaid enrollees up to unlimited lifetime medical benefits).
- Lost Wages: Up to 85% of your gross income for a maximum of three years if injuries prevent you from working.
- Attendant Care: In-home nursing and specialized daily medical assistance.
- Replacement Services: Up to $20 per day to cover necessary household chores you can no longer perform yourself.
2. Third-Party Lawsuit (Pain and Suffering): Because you were hit by a drunk driver in Michigan who operated their vehicle while intoxicated (OWI), you can file a direct third-party tort lawsuit against them to recover non-economic damages. This includes compensation for pain and suffering, emotional trauma, and loss of enjoyment of life. To legally pursue these damages in our state, your injuries must satisfy the tort threshold by resulting in death, permanent serious disfigurement, or a serious impairment of body function.
Does car insurance cover drunk driving accidents?
Michigan No-Fault auto insurance covers accidents when you are hit by a drunk driver, ensuring crash-related medical bills and lost wages are paid through your own Personal Protection Insurance (PIP). Liability insurance generally covers at-fault motorists even if they were driving under the influence, though you must verify the specific policy limits of the intoxicated motorist.
- Uninsured and Underinsured Motorist Coverage (UM/UIM): If the intoxicated motorist has no auto insurance or carries minimal policy limits, your own policy’s UM/UIM coverage steps in to bridge the financial gap for your pain and suffering compensation.
- The No-Insurance Penalty Trap: If you were driving your own vehicle at the time of the crash and had no active Michigan No-Fault insurance, you are legally disqualified from collecting No-Fault PIP benefits or filing a third-party lawsuit. However, if you were a pedestrian, a bicyclist, or a passenger in someone else’s insured vehicle, lack of personal auto insurance does not bar your right to recover.
Can I sue for medical bills and lost wages if a motorist who was under the influence of alcohol crashed into me?
Generally, your accident-related medical bills and wage loss payments will be covered as No-Fault benefits through the responsible auto insurance company. However, if your medical bills and lost wages exceed what is covered by the policy, then you may be able to sue the at-fault intoxicated motorist for “excess” benefits.
Your claim for “excess” No-Fault benefits would be brought as part of your third-party claim for pain and suffering compensation.
Excess medical expenses cover that portion of your medical bills that exceeds the No-Fault PIP medical benefits coverage level that was selected in the auto insurance policy through which you are claiming No-Fault benefits.
Excess lost wages cover the portion of your lost income that exceeds the monthly maximum and/or the three-year limit that are set by the state’s No-Fault auto insurance law.
Can I sue for vehicle damage if I was hit by a drunk driver?
In Michigan, if you were hit by a drunk driver, you can pursue a mini tort claim to cover your vehicle damage repair costs—such as your insurance deductible—up to the statutory limit of $3,000 (MCL 500.3135(3)(e)), provided those costs are not otherwise covered by your own policy.
- How to file the claim: You will need to file your mini tort claim directly with the at-fault motorist’s auto insurance company, or against the motorist personally if they lack coverage.
- If the claim is refused: Under MCL 500.3135(4)(c), if the insurer or motorist refuses to pay a valid mini tort demand, your next legal recourse is to file your claim in small claims court or municipal court.
How can you hold third parties and the drunk driver who hit me accountable in Michigan?
Beyond the drunk driver who hit you, accountability can extend to commercial establishments and separate legal tracks under Michigan law:
- Dram Shop Liability (Bar and Restaurant Accountability): Under Michigan’s Dram Shop Act (MCL 436.1801), if a commercial bar, restaurant, or tavern unlawfully sold or furnished alcohol to a minor or a customer who was already visibly intoxicated, that establishment can be held legally liable for the resulting crash. Note that dram shop claims carry strict rules, including a mandatory 120-day written notice requirement after retaining an attorney and a two-year statute of limitations.
- Strict Notice Rule: Dram shop claims carry an aggressive timeline. You must provide written notice to the bar or establishment’s legal counsel within 120 days of retaining an attorney to preserve your right to a dram shop claim (MCL 436.1801(3)).
- Statute of Limitations: Any dram shop lawsuit must be formally filed within two years of the injury or death.
- The “Name and Retain” Rule: The drunk driver who hit you must be named as a defendant and retained in the lawsuit through trial or settlement to successfully pursue the establishment.
- Criminal vs. Civil Legal Proceedings: The state handles criminal OWI (Operating While Intoxicated) charges against the motorist, which can result in jail time, fines, and license sanctions. However, criminal courts do not award financial compensation for your personal injuries. To recover money for medical expenses, lost wages, and pain and suffering, you must file a separate civil lawsuit.
Legal penalties for the drunk driver who hit you in Michigan
In Michigan, being hit by a drunk driver with a Blood Alcohol Content (BAC) of 0.08% or higher constitutes a crime known as Operating While Intoxicated (MCL 257.625). Beyond administrative license sanctions, criminal penalties scale significantly based on the severity of the crash:
- OWI Causing Serious Injury: If an intoxicated motorist causes a serious impairment of a body function, the offense is a felony carrying up to 5 years in prison (MCL 257.625(5)).
- OWI Causing Death: If a intoxicated motorist causes the death of another person, the offense is a felony carrying up to 15 years in prison (MCL 257.625(4)).
- Separate Civil Track: While criminal penalties punish the offender, criminal courts do not award financial compensation for your personal injuries, requiring a separate civil lawsuit to recover damages.
Were you hit by a drunk driver and injured in Michigan? Call our attorneys now for a free consultation!
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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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