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Michigan No-Fault Insurance Lawsuit FAQs

Lawyers answers frequently asked questions about auto accident cases and the process involved in filing a Michigan No-Fault insurance lawsuit.

Below are some common questions about filing a Michigan No-Fault insurance lawsuit for yourcar accident. You can also call (800) 777-0028 to speak with an auto lawyer now. There’s no charge, and we will answer all of your questions.

Does it cost money to file a lawsuit?

No it doesn’t cost money to file a Michigan No-Fault insurance lawsuit. In Michigan, most car accident personal injury lawsuits and car accident lawyer fees are paid on a contingency basis, meaning that the accident victim will have to pay the auto lawyer a small portion of the monetary damages — only if the attorney wins your case. The auto accident victim does not have to pay any money up front and doesn’t have to worry about loans to pay the attorney. And if the auto accident lawyer does not win your case, there is absolutely no cost to the accident victim. Take a look at the Michigan Auto Law guarantee.

How much time do I have to file a lawsuit?

In Michigan, accident victims have one year to file a Michigan No-Fault insurance lawsuit with their own insurance companies for No-Fault benefits. They have three years to file a lawsuit against the wrongdoer driver’s insurance company for pain and suffering damages. If you do not file within this time, it is very difficult to recover from your car accident.

There are other important filing deadlines that if missed, can devastate an auto accident victim’s rights and recovery. This is why it’s beneficial to speak with an auto lawyer about your circumstances. Call Michigan Auto Law at (800) 777-0028, and one of our auto lawyers can help you.

What are the risks in filing a lawsuit?

Our auto lawyers would like to reassure you that there’s no legal risk in filing a Michigan No-Fault insurance lawsuit or hiring an auto accident lawyer. If you have very serious injuries from a car accident that have dramatically impacted your life and your body function, then it’s possible that you will have a viable case and be able to collect Michigan No-Fault benefits and pain and suffering damages. That being said, every person, car accident and personal injury is different. There’s no cookie-cutter answer as to how much you will be able to recover.

There is also no financial risk in filing a lawsuit in Michigan. That’s because with car accident personal injury cases, the client pays absolutely no money to the auto accident lawyers unless the lawyer wins the case. This is called a contingency fee system, and most car accident personal injury lawyers throughout the state are paid on a contingency fee basis.

What if I’m not the kind of person who sues?

People who file auto accident lawsuits are not bad people. Our clients are very good, hardworking people. But when you’re in a serious car crash at the hands of a negligent driver, and your injuries are so severe that it becomes difficult to keep food on the table and to provide for your family, many people have to file auto accident lawsuits.

One thing many people don’t realize is that Michigan’s No-Fault Law allows auto accident victims to recover No-Fault benefits, including payment of medical bills and mileage, wage loss, attendant care (nursing services) and replacement services (help around the house). The state of Michigan has instituted this system to protect auto accident victims. But very often, auto insurance companies do not have the auto accident victims’ best interests in mind, and they will cut off these vital Michigan No-Fault benefits with no explanation. This is one reason that many people contact our auto lawyers — to simply fight for the insurance benefits they’re entitled to under Michigan law.

It’s also possible to sue the wrongdoer driver’s insurance company for your pain and suffering. But remember, you are not suing an individual person. You are suing that person’s auto insurance company. So by filing a Michigan No-Fault insurance lawsuit for your car accident personal injuries, you will not be harming or bankrupting the other driver involved in the crash.

What kind of Michigan No-Fault insurance lawsuits are involved with auto accidents?

There are usually three types of Michigan No-Fault insurance lawsuits:

  1. First-party: A first-party lawsuit is between the auto accident victim and his insurance company for Michigan No-Fault insurance benefits, also called personal injury protection (PIP) benefits. In a first-party case, Michigan No-Fault insurance benefits are usually paid out by your own insurance company.
  2. Third-party: A third party lawsuit is between the auto accident victim and the driver who caused the auto accident. In a third-party case, the auto accident victim sues the at-fault driver for pain and suffering, and excess economic damages. Damages are usually paid out from the wrong-doer’s insurance company.
  3. Mini tort: A car accident victim can recover a maximum of $1,000 ($3000 for accidents after July 1, 2020) for vehicle damage from the driver who caused the crash, via his auto insurance company. This is called a mini tort claim. Michigan’s mini tort law is not designed to pay for all of your vehicle damage. The purpose is to compensate a person involved in a car accident that was not at-fault, for out-of-pocket expenses resulting from the collision.

Our auto lawyers can help you

Feel free to call one of our auto lawyers at anytime at (800) 777-0028 or by filling out our car accident lawyer free consultation form. We’re here to answer all of your questions, and we can ease your mind about the process of filing a Michigan No-Fault insurance lawsuit. There’s no fee or obligation.

For more FAQs, visit our pages on car accident in Michigan FAQs and what happens in a No-Fault accident.