Michigan Passenger In Car Accident Rights Explained

What are your legal rights if you are an injured passenger in a car accident in Michigan?

I hear this question quite a bit from people who are commuting in someone else’s vehicle. This is one of those situations where no one would even think about what your legal rights are or how No-Fault insurance will apply if you are commuting in a vehicle – that is, until it happens to you.

It’s an important question because there is also a lot of misinformation out there and conflicting advice from claims adjusters and agents on how No-Fault insurance works and the order of priority that leaves some people thinking they don’t have any legal rights and cannot get help if they are an injured commuter in a crash.

That couldn’t be further from the truth.

If you’ve been injured as a passenger in a Michigan car accident, it’s important to understand your legal rights. This includes how Michigan’s No-Fault insurance may cover you, when you can sue an at-fault driver for pain and suffering, and what drivers should know about protecting commuters. We’ll also address the unique protections in place to keep child commuters safe.

What to do if you are a passenger injured in a car accident in Michigan?

In Michigan, if you’re a passenger in a car accident, your safety comes first—seek medical care right away. To protect your rights to compensation for injuries, lost wages, medical bills, and vehicle damage, document the scene, collect information, and notify your insurer. You can file a claim regardless of who was at fault.

Steps to take if you are injured in a car accident as a passenger in Michigan?

1. Seek medical attention
2. Gather information
3. Call the police
4. Notify your insurance company
5. Consider hiring an attorney
6. Document everything

1. Seek medical attention

In Michigan, if you’re a passenger in a car accident, seeking prompt medical attention is crucial—even if you feel fine. Some injuries, like concussions or internal trauma, may not show symptoms right away. Early treatment protects your health, documents your injuries, and strengthens your legal claim.

2. Gather information

In Michigan, as a passenger in a car accident, gathering information is essential for protecting your rights. Collect details such as the drivers’ names, contact information, insurance details, license plate numbers, and witness statements. Photos of the scene, vehicle damage, and visible injuries can also provide valuable evidence to support your claim.

3. Call the police

In Michigan, if you’re an injured passenger in a Michigan car accident, calling the police and obtaining a police report is vital. The report documents key details about the crash, including who was involved, witness information, and the officer’s observations. This official record can help prove what happened, support your injury claim, and prevent disputes about fault later on.

4. Consider hiring an attorney

In Michigan, if you’re an injured passenger in a car accident, hiring an attorney can be crucial to protecting your rights and maximizing your recovery. An experienced lawyer can navigate Michigan’s No-Fault laws, handle insurance negotiations, gather evidence, and ensure you receive the full compensation you’re entitled to.

5. Document everything

In Michigan, if you’re a passenger injured in a car accident, documenting everything is essential to protecting your claim. Keep records of medical visits, bills, lost wages, and communications with insurance companies. Photos, witness details, and a written account of the crash can provide strong evidence to support your case.

In Michigan, if you are a resident of the state, and you happen to be injured as a passenger in a car accident, you are covered by No-Fault PIP benefits that will pay for your medical expenses, replacement services and lost wages if your injuries prevent you from returning to work.

However, the amount of medical coverage you may be entitled to will be limited by the No-Fault PIP medical benefits coverage level selected in the policy through which you are claiming No-Fault benefits. (MCL 500.3107c(5))

The No-Fault PIP medical benefits coverage levels include: $50,000 (for drivers on Medicaid); $250,000; $500,000; and an unlimited option. (MCL 500.3107c(1))

PIP covers passengers who are Michigan residents and have been injured in a motor vehicle crash. No-Fault PIP benefits will help pay for an injured commuter’s crash-related medical bills and lost wages if his or her injuries disable him or her from working.

However, PIP covers non-Michigan resident commuters only if he or she “owned a motor vehicle that was registered and insured in” Michigan. (MCL 500.3113(c))

Generally, if you are injured in a crash, you will receive auto No-Fault benefits through your own auto insurance policy or the policy of a spouse or a relative who lives with you.

This No-Fault “order of priority” determines the order for which an auto insurance company will step up to pay for the commuter’s auto No-Fault benefits. The order of priority is as follows:

• First: The first priority for paying No-Fault benefits to an injured commuter is his or her own auto insurance company, i.e., the auto insurer who issued a personal No-Fault auto insurance policy to the commuter where he or she is the “named insured” in the policy. (MCL 500.3114(1))
• Second: The second priority for paying No-Fault benefits to an injured commuter is the auto insurance company that issued a No-Fault policy to the commuter’s spouse. (MCL 500.3114(1))
• Third: The third priority for paying No-Fault benefits to an injured commuter is the auto insurance company that issued a No-Fault policy to a resident relative of the commuter. (MCL 500.3114(1))

If you are an injured passenger in a car accident in Michigan without insurance and you also don’t have auto insurance coverage through a policy belonging to your spouse or a resident relative, the No-Fault law will still protect you if you have been injured.

Under any of these circumstances where no one in the order of priority is insured or has auto insurance, you can still recover benefits if you apply to the Michigan Assigned Claims Plan. The auto law states that an uninsured commuter “shall” apply for No-Fault benefits through the Michigan Assigned Claims Plan and an insurance company will be selected to pay your auto No-Fault insurance benefits. (MCL 500.3114(4))

Importantly, your coverage for No-Fault PIP medical benefits under the Michigan Assigned Claims Plan will be limited to $250,000. (MCL 500.3172(7)(a))

The Assigned Claims Plan, which is administered by the Michigan Automobile Insurance Placement Facility (MAIPF), provides No-Fault benefits to a crash victim – including uninsured commuters – for whom No-Fault benefits coverage is not otherwise available under the order of priority for No-Fault benefits. (MCL 500.3172(1))

In Michigan, a passenger in a car accident can sue for: (1) pain and suffering compensation and excess medical and wage loss benefits; and (2) unpaid and overdue No-Fault benefits. The first lawsuit will be filed against the at-fault driver. The second lawsuit will be filed against the responsible auto insurer. 

Under Michigan law, when suing the at fault negligent driver who caused the crash for pain and suffering, you will be entitled to compensation from the at-fault driver (and his or her insurance company) for your injuries, pain and suffering, and any excess economic loss and excess medical bills over the No-Fault PIP cap you have.

Depending on the circumstances of how the crash occurred, a pain and suffering lawsuit may be filed against the at-fault driver – whether that is the driver who struck your vehicle or the driver of the vehicle in which you were a commuter.

However, there is one unique legal requirement that we have in Michigan that does not exist in other states. In order to bring a claim for pain and suffering compensation, an injured traveler in your vehicle must first show that he or she has suffered a “serious impairment of body function.” This is the No-Fault law’s tort threshold requirement that any injured passenger in a car accident must be able to show in order to recover “noneconomic loss” damages (i.e., pain and suffering compensation).

Also, beware of step-down policies in your auto insurance coverage. If a commuter has been injured and is suing the driver of his or her vehicle and the driver happens to be a family member, then they may also have to contend with what is called a “step-down” provision that your own insurance company has inserted into your policy. The effect of these step-down provisions is to reduce an auto insurance policy’s liability coverage down to the state minimums when an injured person is suing a spouse or family member for his or her injuries. Step-downs are optional contractual coverages. In my opinion as an insurance and auto crash lawyer, there is no justifiable reason for any person to ever purchase auto insurance from a company that is trying to sell you a policy that includes a step-down clause. A step-down provision is deliberately anti-consumer. It punishes those you love and want to protect the most if a loved one is ever hurt while they are traveling in your vehicle.

In Michigan, the amount of money that a passenger in a car accident can get will depend on: (1) their injuries;  (2) present and future medical needs; (3) whether they suffered a “serious impairment of body function”; (4) their lawyer’s track record; and (5) the at-fault driver’s liability insurance limits.

This is where your choice of an auto crash injury attorney is particularly important. Auto insurance companies know who the attorneys are that will go to trial and who the attorneys are who don’t.

Most auto crash injury attorneys talk a good game. But if it has been years since they’ve tried a case, the insurance companies know and they will use this fact to force the attorney and, thus, his or her client to accept low-ball settlement offers that are drastically less than what the crash victim’s case is actually worth.

The bottom line is that attorneys who are known for going to trial can settle cases for significantly more money and often much faster.

If you are an injured commuter in a crash, please check out our auto crash settlement calculator to learn how much your case may be worth.

In Michigan, to claim as a passenger in a car accident, you must file an application for No-Fault benefits with the responsible auto insurance company within one year of the crash that resulted in your injuries. You may also need to file a claim under the at-fault driver’s liability policy and/or your own UM or UIM policies.

In Michigan, if a passenger dies in a car accident, his or her family and dependents may be able to recover wrongful death compensation and damages from the at-fault driver whose negligence caused the fatal crash. Survivor’s loss benefits will also provide help with financial support for the deceased person’s dependents.

In Michigan, a passenger in a car accident can be called as a witness by any of the people involved in the crash who, ultimately, become parties in a lawsuit if the commuter has personal knowledge of the events surrounding the crash.

However, if you are an injured commuter who suffered injuries affecting your perception—such as being unconscious or otherwise impaired—your ability to serve as a reliable witness may need to be carefully evaluated.

If someone else’s child is traveling in your vehicle and he or she is injured in a crash, then the child would collect No-Fault benefits through the following sources:

• First: The child would collect No-Fault benefits through his or her parents’ auto insurance policies where the child and the parents live together, i.e., where they are resident relatives.
• Second: If there is no source of No-Fault coverage through the child’s parents as resident relatives, then an application for No-Fault benefits would be filed with the Michigan Assigned Claim Plan on the child’s behalf. The child would then collect benefits from the auto insurance company that the Plan assigned to handle his or her claim.

What are the statute of limitations for filing a lawsuit?

It’s important to act quickly if you’ve been injured in a crash. You have three (3) years from the date of the crash to file a personal injury lawsuit. For claims involving No-Fault benefits like medical bills and lost wages, the deadline is shorter—one (1) year from the crash date. If the crash results in a wrongful death, family members have three (3) years to file a lawsuit.

Some exceptions may apply, especially for minors or those unable to file on their own. Because these deadlines are strict, contacting an experienced auto injury attorney as soon as possible is essential to protect your rights and ensure you don’t miss important deadlines.

How long does a settlement take?

settlements can take anywhere from a few months to over a year. Simple cases with minor injuries may settle quickly, often within 3 to 6 months. More complex cases involving serious injuries, disputed liability, or extensive medical treatment can take 12 months or longer. Having an experienced attorney can help streamline the process and secure a fair settlement faster.

Why should I choose an attorney from your law firm to handle my case?

Choosing our law firm means working with a team that truly cares about you and your recovery. We understand how overwhelming auto injury cases can be, and we approach each case with compassion and personalized attention. With deep knowledge of Michigan’s complex No-Fault laws and local courts, we navigate the system efficiently to settle cases faster and secure higher compensation. Our proven track record includes some of the largest auto crash settlements in the state and over 3,000 five-star reviews from clients who trust us to fight for their rights.

If you or a loved one have been injured as a passenger in a crash in Michigan, call now (800) 968-1001 for a free consultation with an experienced car accident lawyer near you. 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 attorneys are never too busy to promptly return phone calls and answer questions. 

We have more than 3,000 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. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle crashes than any other lawyer or law firm in Michigan. 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.