Suing Someone After A Car Accident In Michigan Guide: What You Need To Know

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Suing Someone After A Car Accident In Michigan: FAQs Answered

When Can You Sue Someone After A Car Accident In Michigan?

Suing someone after a car accident in Michigan is permitted, but your legal rights and timing are strictly governed by state No-Fault insurance rules, threshold requirements, and statutory deadlines.

Deadlines for Suing Someone After a Car Accident in Michigan (Statute of Limitations)

  • No-Fault PIP Benefits: You must notify your insurance company within 1 year of the crash, and lawsuits for unpaid benefits are subject to the one-year-back rule (MCL 500.3145).
  • Pain and Suffering Lawsuits: You have 3 years from the date of the crash to file a personal injury lawsuit against the at-fault driver (MCL 600.5805).
  • Mini-Tort Property Damage: You have 3 years from the date of the crash to file a mini-tort claim for out-of-pocket vehicle damage (MCL 600.5805(2); MCL 500.3135(3)(e)).

The 3 Types of Lawsuits You Can File To Sue Someone After a Michigan Car Accident

When you are injured in a Michigan car accident, your legal options to sue someone generally fall into three distinct categories depending on who you bring legal action against and what you are trying to recover:

  1. Lawsuit Against Your Own Insurance Company
  1. Lawsuit Against the At-Fault Driver (Tort Liability)
  • What it covers: Pain and suffering (non-economic damages), excess medical expenses (if your PIP cap is exceeded), and excess wage losses.
  • Legal threshold: Requires proof of a “serious impairment of body function,” permanent serious disfigurement, or death (MCL 500.3135), and that the driver was more than 50% at fault.
  • Statute of limitations: 3 years from the date of the crash (MCL 600.5805).
  1. Mini-Tort Lawsuit for Vehicle Damage:
  • What it covers: Out-of-pocket vehicle damage repair costs, collision deductibles, and vehicle repair costs.
  • Statutory limit: Up to $3,000, provided you are 50% or less at fault (MCL 500.3135(3)(e)).

How To Sue Someone After a Car Accident in Michigan: Step by Step Guide

If you are considering suing someone after a car accident in Michigan, following a structured step-by-step process ensures you protect your legal rights, meet strict No-Fault deadlines, and secure full compensation.

  • Report the crash: Call law enforcement immediately and obtain the official police crash report (MCL 257.622).
  • File your No-Fault insurance claim: Submit a Personal Injury Protection (PIP) claim to your own insurer within 1 year of incurring medical bills or wage losses (MCL 500.3145).
  • Determine if you meet the tort threshold: Verify that your injuries qualify under Michigan’s legal standard for a pain and suffering lawsuit: serious impairment of body function, permanent serious disfigurement, or death (MCL 500.3135).
  • Preserve evidence immediately: Secure photographs, medical records, witness contacts, and repair estimates before they are lost.
  • File your lawsuit in the proper court: File third-party personal injury claims in Circuit Court, or property damage claims under the $3,000 mini-tort limit in Small Claims Court (MCL 500.3135(3)(e)).
  • Navigate settlement negotiations or trial: Exchange discovery with defense insurers to reach a fair settlement or proceed to a civil trial under comparative fault rules (MCL 600.2959).
  • Consult an attorney: Leverage legal representation to manage complex No-Fault regulations, insurance lien subrogation, and strict statutory deadlines.

1. Report the Crash to Law Enforcement

Call 911 immediately following a crash to ensure a police officer is dispatched to the scene, and request a copy of the official police crash report.

Why it matters for a lawsuit: The police report creates an objective record of the date, time, location, involved parties, weather conditions, and initial statements. Insurance adjusters and courts rely on this documentation to establish fault and identify witnesses.

2. File Your No-Fault Insurance Claim

Michigan operates under a mandatory No-Fault insurance system. Before or concurrently with filing a third-party lawsuit, you must file a Personal Injury Protection (PIP) claim with your own auto insurer—regardless of who caused the crash.

  • Filing Deadline: Applications for No-Fault benefits must be submitted promptly, and any specific unpaid medical bills or wage losses must be pursued within 1 year of the date they were incurred (MCL 500.3145).
  • Covered Losses: Medical bills, replacement services, and up to 3 years of wage loss.

3. Determine if You Meet the Tort Threshold

Michigan law bars you from suing an at-fault driver for standard pain and suffering unless your car accident injuries meet a specific statutory threshold under MCL 500.3135. Your injury must involve:

  • Serious impairment of body function (an objectively manifested impairment of an important body function that affects your general ability to lead your normal life).
  • Permanent serious disfigurement.
  • Death (resulting in a wrongful death claim brought by the estate).

Note: If your injury does not meet this threshold, you cannot pursue a pain and suffering lawsuit, though you may still access No-Fault PIP benefits and mini-tort property damage recovery.

4. Preserve Evidence Immediately

Secure physical and digital evidence before it is lost, repaired, or discarded.

Key evidence to collect:

  • Photographs of vehicle damage, skid marks, traffic signals, and visible injuries.
  • Contact information for eyewitnesses.
  • Medical records, diagnostic imaging, and itemized treatment bills.
  • Repair estimates and mechanic evaluations.

5. File Your Lawsuit in the Proper Court

The court in which you file depends entirely on the nature and value of your claim:

  • Circuit Court: Required for major personal injury, catastrophic injury, and wrongful death lawsuits exceeding standard jurisdictional limits. These courts handle pain and suffering damages, excess economic losses, and formal jury trials.
  • Small Claims Court: Used for property damage claims under Michigan’s mini-tort law. You may file here to recover out-of-pocket vehicle damage deductibles or uninsured losses up to the statutory maximum of $3,000 (MCL 500.3135(3)(e)).

6. Navigate Settlement Negotiations or Trial

Most auto crash lawsuits settle out of court during the discovery and negotiation phase.

  • The Process: Your attorney exchanges medical records, expert witness depositions, and financial loss calculations with the defense insurer.
  • Trial and Comparative Fault: If a fair settlement cannot be reached, the case proceeds to a civil trial where a judge or jury evaluates liability, causation, and damages under Michigan comparative fault rules (MCL 600.2959). Under these rules, your compensation is reduced by your percentage of fault, and if you are more than 50% at fault, you are barred from recovering non-economic damages.

7. Consult an Attorney

Michigan’s intersection of No-Fault insurance mandates, comparative fault rules, and strict tort thresholds makes auto litigation complex. Hiring an attorney experienced in Michigan traffic law ensures compliance with mandatory notice periods, accurate calculation of economic damages, and proper handling of insurer lien subrogation. Most injury lawyers operate on a contingency fee structure, requiring no upfront legal fees.

How Long Can You Sue Someone After A Car Accident In Michigan?

If you are wondering how long you have before suing someone after a car accident in Michigan, the legal deadline depends on whether you are filing a claim for personal injuries, vehicle damage, or unpaid insurance benefits.

Key Deadlines for Suing Someone After a Car Accident in Michigan

1. Pain and Suffering & Personal Injury Claims (At-Fault Driver)

  • Statute of Limitations: You have 3 years from the exact date of the crash to file a personal injury lawsuit against the at-fault driver.
  • Governing Statute: MCL 600.5805(2).
  • Recoverable Damages: Pain and suffering (non-economic damages), excess wage loss, and excess medical expenses.

2. Mini-Tort Property Damage Claims (Vehicle Repairs)

  • Statute of Limitations: You have 3 years from the date of the crash to take legal action against the at-fault driver for out-of-pocket vehicle damage.
  • Governing Statute: MCL 600.5805 / MCL 500.3135.
  • Statutory Cap: Recovery under Michigan’s mini-tort law is strictly capped at $3,000.

3. No-Fault PIP Insurance Claims (Your Insurance Company)

  • Written Notice Deadline: You must submit a written application for No-Fault benefits to your insurance company within 1 year of the crash.
  • One-Year-Back Rule: Lawsuits for unpaid or overdue No-Fault PIP benefits must be filed within 1 year of the date the specific expense was incurred.
  • Governing Statute: MCL 500.3145.

Important Exceptions to Michigan’s 3-Year Deadline

  • Government Entities: If the crash involved a government vehicle or defective road, you must file a formal written notice of intent within 60 to 120 days (depending on the agency) before filing a lawsuit.
  • Minors: If the injured person was under 18 years old at the time of the crash, the 3-year clock is paused (tolled) until their 18th birthday, giving them until their 19th birthday to file suit.
  • Defendant Absent From State: If the at-fault driver leaves the state after the crash, the statute of limitations may be paused during their absence under MCL 600.5853.

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Can I File a Lawsuit Against 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.

When suing someone after a work-related car accident in Michigan, you can file a third-party lawsuit for pain and suffering against the at-fault driver, provided they are not a co-worker or your employer (MCL 418.131(1); 418.827). However, your employer’s Workers’ Compensation insurer may seek a reimbursement lien against your tort recovery if their benefits exceed No-Fault benefits in amount or duration.

If I’m in a Car Accident in Michigan Do I Sue the Driver or Insurance Company?

You file a lawsuit against the at-fault driver to recover money damages for injuries, pain and suffering, excess wage loss, and future medical bills.

You bring legal action against your own insurance company to recover unpaid, overdue, or late No-Fault PIP benefits.

If My Vehicle Was Totaled in a Car Accident in Michigan, Can I Sue someone For the Full Value of My Vehicle Damage?

Whether you can sue someone for the full value of a totaled car after a car accident in Michigan depends on whether the at-fault driver has auto insurance.

1. If the At-Fault Driver is Insured:

  • Recovery Cap: Your recovery is strictly limited by the states’s mini-tort law (MCL 500.3135(3)(e)) to a maximum of $3,000 for repair costs or collision deductibles.
  • Full Value Exception: You cannot bring a civil action against or pursue an insured at-fault driver for the remaining fair market value of your totaled vehicle above $3,000.

2. If the At-Fault Driver is Uninsured:

  • Full Recovery Rights: Michigan’s mini-tort limit does not apply if the driver was completely uninsured.
  • Lawsuit Option: You can file a civil lawsuit directly against the uninsured driver to recover the full actual cash value of your vehicle damage.

How Much Can Someone Sue For a Car Accident in Michigan?

When suing someone for car accident damages in Michigan, the maximum recovery amount depends on the type of compensation sought, insurance policy boundaries, and specific statutory caps.

Pain & Suffering and Excess Economic Damages:

  • Monetary Cap: None. Michigan law places no cap on damages for pain and suffering, excess medical expenses, or excess wage loss.
  • Recovery Constraints: Total recovery against an at-fault driver is practically limited by their bodily injury liability coverage (typically $50,000/$100,000 up to $250,000/$500,000).
  • Additional Recovery Options: Damages exceeding policy limits require pursuing the driver’s personal assets or utilizing Underinsured Motorist (UIM) coverage.

Vehicle Damage (Mini-Tort Claims):

  • Statutory Cap: Vehicle damage recovery under the Michigan mini-tort law is strictly capped at $3,000.

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 specific out-of-pocket and non-economic damages. These include:

  • Compensation for pain and suffering (requires demonstrating a “serious impairment of body function” under state law)
  • Excess wage loss
  • Excess medical expenses
  • Vehicle repairs under the mini-tort law

Statute of Limitations and Requirements:

To file a negligence lawsuit, claims for pain and suffering or excess damages must generally be filed within three years of the crash date. Additionally, because the state operates under a modified comparative fault system, an injured party can only recover pain and suffering damages if they are found to be 50% or less at fault for the crash.

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Can You Sue Someone For A Car Accident Without Injury In Michigan?

If you are considering suing someone after a car accident in Michigan where no physical injuries occurred, you can still file a lawsuit to recover out-of-pocket vehicle damage, though recovery is governed by the state’s statutory mini-tort law and insurance status.

Recovering Vehicle Damage (No-Injury Crashes)

1. Mini-Tort Lawsuit Against Insured Drivers

  • Maximum Recovery Cap: Under Michigan’s mini-tort law (MCL 500.3135), recovery against an insured at-fault driver for vehicle damage is strictly capped at $3,000.
  • Covered Expenses: Pays for out-of-pocket collision deductibles or uninsured vehicle repair costs.
  • No Pain & Suffering Claims: Michigan’s No-Fault system explicitly prohibits lawsuits for pain and suffering or emotional distress if there is no physical injury.

2. Full Vehicle Value Lawsuits Against Uninsured Drivers

  • No Mini-Tort Cap: If the at-fault driver was completely uninsured at the time of the crash, Michigan’s $3,000 mini-tort limit does not apply.
  • Full Damages Allowed: You can file a lawsuit against the uninsured driver directly for the full cash value of your vehicle damage or total loss repair costs.

Key State Requirements for Filing a No-Injury Lawsuit

  • Comparative Fault Rule: You must be 50% or less at fault for the crash to recover mini-tort damages from the other driver. If you are more than 50% at fault, you cannot recover compensation.
  • Statute of Limitations: You have 3 years from the exact date of the crash to file a mini-tort or property damage lawsuit against the at-fault driver (MCL 600.5805).

Who Can I File a Lawsuit Against if the At-Fault Driver Was Uninsured?

When considering suing someone after a car accident in Michigan and an investigation reveals that the at-fault driver was uninsured, you can file a lawsuit directly against responsible parties or recover compensation through your own insurance policy.”

1. Potential Lawsuit Defendants (Third-Party Claims):

  • The Uninsured Driver: You can file a lawsuit against the negligent driver directly for pain and suffering and excess economic damages, though collecting a judgment depends on their personal assets.
  • The Titled Vehicle Owner: Under the state’s owner liability statute (MCL 257.401), you can pursue a clam against the registered owner of the vehicle driven by the uninsured driver.
  • The Driver’s Employer: If the uninsured driver was acting within the scope of employment during the crash, the employer can be held liable under respondeat superior.

2. Your Auto Insurance Company (Uninsured Motorist Claim):

  • UM Coverage Claim: If you carry optional Uninsured Motorist (UM) coverage, you can file a first-party claim directly with your own insurance company, which steps into

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 taking legal action 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.

What Happens When You Call Us When Looking To Sue Someone After A Car Accident In Michigan?

  1. You’ll talk to a real person right away – No forms, no runaround, just someone ready to listen and help.
  2. We’ll quickly understand your situation – We’ll ask a few simple questions about your crash and injuries so we can evaluate your case.
  3. You’ll get clear answers, at no cost – We’ll explain your options, what you may be entitled to, and what to do next. The consultation is free and there’s no pressure.
  4. If you move forward, we handle everything – Our attorneys deal with the insurance companies, build your case, and guide you every step of the way.

Why Choose The Lawyers at Michigan Auto Law To Sue Someone After a Car Accident in Michigan?

For more than 50 years, Michigan Auto Law has specialized exclusively in helping crash victims navigate the complex legal process of suing someone after a car accident in Michigan. That deep focus allows our attorneys to handle your No-Fault insurance claims and third-party injury lawsuits with precision, ensuring every claim is thoroughly evaluated and pursued for maximum 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 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.

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 auto crash attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 3,500 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. We have recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in the state. We’ve also recovered the highest ever reported truck crash and auto crash settlement in the state.

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

Suing Someone After A Car Accident In Michigan Guide: What You Need To Know
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Legally Reviewed By

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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.

Read Steven Gursten’s full attorney profile

Legally Reviewed by Todd Berg, Attorney

Steve M. Gursten, Attorney

This article is for informational purposes only and does not constitute legal advice. See our Community Guidelines.