Filing a pedestrian accident claim in Michigan can be overwhelming—but you don’t have to face it alone. If you or a loved one has been injured while walking, our lawyers will help you fight for compensation for medical bills, lost wages, pain and suffering, and more. With years of experience navigating our state’s No-Fault laws, we make sure your rights are protected every step of the way.
How to file a pedestrian accident claim in Michigan?
In Michigan, to file a pedestrian accident claim, start by seeking medical attention to document your injuries. Next, report the incident to local law enforcement and notify your insurance company promptly. Collect evidence of your damages, including medical bills, lost wages, and photos of the scene. If your injuries meet our state’s legal threshold for pain and suffering, consult an experienced attorney who can help you formally submit your case or, if necessary, file a lawsuit to pursue full compensation. In the sections below, we will explain each step in more detail so you know exactly what to expect.
Seek medical attention immediately
Seeking medical attention immediately after a pedestrian accident in Michigan is the first and most critical step in filing a claim. Prompt evaluation by a healthcare professional ensures that all injuries, even those that may seem minor at first, are properly treated and documented. These medical records serve as essential evidence to support your case for compensation, including medical bills, lost wages, and pain and suffering.
Immediate medical care also strengthens your case under our state’s No-Fault law. Insurance companies and courts rely on timely documentation to confirm the severity of your injuries and their connection to the crash. Without prompt treatment, proving the extent of your damages can become more difficult, which may limit your ability to recover the full compensation you deserve.
Report the incident
Reporting the incident promptly after a pedestrian accident in Michigan is a crucial step in filing a claim. Contacting local law enforcement ensures an official police report is created, documenting the facts of the crash, the parties involved, and any witnesses. This report becomes an important piece of evidence that supports your case for compensation, including medical expenses, lost wages, and pain and suffering.
In addition to filing a police report, gathering your own documentation—such as photos of the scene, witness contact information, and notes about road or weather conditions—can further strengthen your case. Timely and accurate reporting helps establish liability, protects your legal rights, and provides a solid foundation for negotiations with insurance companies or, if necessary, filing a lawsuit.
Notify your insurance company
Notifying your insurance company promptly after a pedestrian accident in Michigan is an essential step in filing a claim. Under the state’s No-Fault law, your own auto insurance—or that of a household member—may cover medical expenses, lost wages, and other damages regardless of who was at fault. Reporting the crash quickly ensures your case is properly documented and helps prevent delays in receiving benefits.
When notifying your insurer, provide accurate details about the crash but avoid admitting fault or speculating about the other party’s actions. Keeping a record of all communications, including case numbers and representative names, helps protect your rights and supports your case for compensation. Timely notification strengthens your case and sets the stage for a smoother process.
Collect evidence of your damages
Collecting evidence of your damages is a crucial step in filing a pedestrian accident claim in Michigan. Keeping detailed records of medical bills, treatment notes, lost wages, and out-of-pocket expenses helps establish the financial impact of the crash. Photos of injuries, property damage, and the crash scene can also serve as important evidence to support your case for compensation.
It’s equally important to document the non-economic effects of the crash, such as pain and suffering, mobility limitations, or disruptions to your daily life. Thorough documentation strengthens your case with insurance companies and courts, increasing the likelihood of securing full compensation for both economic and noneconomic losses.
Meet legal thresholds for pain and suffering
Meeting the legal threshold for pain and suffering is a critical step in filing a pedestrian accident claim in Michigan. Under the state’s No-Fault law, you must show that your injuries resulted in a “serious impairment of body function.” This threshold ensures that only substantial injuries qualify for noneconomic damages, such as pain and suffering, emotional distress, or loss of enjoyment of life.
To meet this standard, it’s important to provide thorough medical documentation and evidence of how the injury affects your daily activities and overall quality of life. Treatment records, therapy notes, and records of long-term limitations help establish the severity of your injury and support your case for compensation beyond medical bills and lost wages.
Consult an attorney
Consulting a pedestrian accident attorney is an important step in the claims process in Michigan. An experienced attorney can evaluate your case, determine liability, and explain how the state’s No-Fault laws apply. They guide you through filing a case, help document damages, and ensure that you meet the legal requirements for seeking compensation for medical bills, lost wages, and pain and suffering.
A skilled attorney also handles communication with insurance companies, negotiates settlements, and can represent you in court if a lawsuit becomes necessary. By working with a legal professional, you increase the likelihood of recovering full compensation and reduce the stress of navigating complex legal and insurance procedures on your own.
File a lawsuit
In Michigan, filing a lawsuit is a key step in the pedestrian accident claims process when a fair settlement cannot be reached with the at-fault driver’s insurance company. This legal action allows you to formally pursue compensation for medical bills, lost wages, pain and suffering, and other damages. A lawsuit initiates the court process, where evidence is presented to establish liability and the full extent of your losses.
Once a lawsuit is filed, your attorney will handle all legal procedures, including submitting required documents, representing you in court, and negotiating on your behalf. Filing a lawsuit ensures your case is formally recognized and provides a path to secure full compensation while holding the responsible party accountable under state law.
How long do I have to file a pedestrian accident claim in Michigan?
In Michigan, for pedestrian accident claims seeking damages such as pain and suffering, lost wages, or other noneconomic losses, you generally have three years from the date of the crash to file. (MCL 600.5805(2)). Missing this statute of limitations can prevent you from pursuing compensation in court.
For matters related to No-Fault Personal Injury Protection (PIP) benefits, which cover medical bills, wage loss, and other crash-related expenses, you typically must submit your application for benefits to the insurance company within one year of the crash or from when the expense is incurred. (MCL 500.3145) Acting promptly helps ensure that your rights are protected and that your case will be properly processed under state law.
What damages can I recover?
In a Michigan pedestrian accident claim, you may be entitled to recover both economic and noneconomic damages. Economic damages cover financial losses directly related to the crash, such as medical bills, rehabilitation costs, lost wages, future earning capacity, and out-of-pocket expenses like transportation for treatment or home modifications.
Noneconomic damages compensate for non-financial losses, including pain and suffering, emotional distress, and loss of enjoyment of life caused by the crash. Under our state’s No-Fault law, PIP benefits typically cover medical expenses and lost wages regardless of fault. To recover noneconomic damages, you must meet the legal threshold of a “serious impairment of body function,” showing that the crash caused significant and lasting effects on your daily life.
Can I file a pedestrian accident claim in Michigan if I was partially at fault?
In Michigan, you can still file a pedestrian accident claim even if you were partially at fault. Under the state’s No-Fault law, your own auto insurance—or that of a household member—typically covers medical expenses, lost wages, and other crash-related benefits regardless of who caused the crash. This ensures you receive essential financial and medical support even when fault is shared.
For cases seeking noneconomic damages, such as pain and suffering, Michigan requires that your injuries meet the “serious impairment of body function” threshold. While partial fault does not automatically prevent recovery, your compensation may be adjusted proportionally based on your share of fault. Consulting an experienced attorney can help protect your rights, accurately document damages, and maximize the compensation you are entitled to under state law.
How does fault impact a pedestrian accident claim in Michigan?
In Michigan, fault affects how much compensation you can receive in a pedestrian accident claim. While no-fault insurance covers your medical bills and lost wages regardless of fault, pursuing additional damages like pain and suffering requires proving the other party was at fault.
Our state uses a comparative negligence system, meaning fault can be shared between the person walking and driver. If you’re partially responsible, your compensation will be reduced by your percentage of fault. Determining fault relies on evidence such as police reports and witness accounts to show who was negligent.
How to prove negligence in a pedestrian accident claim in Michigan?
In Michigan, to prove negligence in a pedestrian accident claim, you must show that the driver owed you a duty of care, breached that duty through careless or reckless actions, and caused your injuries as a direct result. Supporting evidence—such as police reports, witness statements, photos of the scene, traffic camera footage, and medical records—helps establish liability and strengthens your case for compensation.
More on pain and suffering compensation
Michigan pedestrian accident claims allow individuals injured in a car or truck crash to recover compensation for pain and suffering, as well as excess medical expenses, lost wages, and other economic damages from the at-fault driver who caused the crash.
In order to be able to recover for pain and suffering compensation in our state – which is also called “noneconomic loss” damages – against an at-fault, negligent driver, an injured person must first be able to show that as a result of his or her injuries the person has suffered a “serious impairment of body function.”
Who pays for pain and suffering compensation?
The liability coverage of the at-fault driver’s third-party car insurance will generally pay for or contribute to payment of pain and suffering compensation, excess medical benefits and lost wages and other economic damages.
More No-Fault PIP benefits
The No-Fault PIP benefits (which are also called “personal injury protection” benefits) that injured person may be able to recover will help to pay for medical expenses, lost wages (if a person’s injuries prevent him or her from returning to work), mileage and transportation costs for traveling to and from your doctor appointments, household replacement services and attendant care services.
In Michigan, pedestrian accident claims for No-Fault benefits require the injured victim to file an application for No-Fault benefits – which is also called a “written notice of injury” – with the responsible auto insurance company within one (1) year after the incident occurred. (MCL 500.3145(1) and (4))
Filing this application – and filing it on time – is extremely important because the failure to do so will give the insurance company a legal basis to deny all No-Fault benefits that the individuals would have otherwise been entitled to.
Who pays for No-Fault benefits?
The auto insurance company that pays No-Fault benefits for a person injured while walking is one of the following: (1) the injured person’s own insurer; or (2) the insurer of the injured person’s spouse or resident relative; or (3) the insurer assigned by the Michigan Assigned Claims Plan. (MCL 500.3114(1); 500.3115)
Who pays for medical bills?
The ability to pay medical bills depends on – and is limited by – the No-Fault PIP medical benefits coverage level selected in the policy through which the person is pursuing No-Fault benefits. (MCL 500.3107c(5); 500.3107d(5))
Starting in policies issued or renewed after July 1, 2020, the applicable No-Fault medical coverage level will be one of the following:
- $50,000 for crash-related medical expenses (when the named insured on the policy is “enrolled in Medicaid”) (MCL 500.3107c(1)(a))
- $250,000 for crash-related medical expenses (MCL 500.3107c(1)(b))
- $500,000 for crash-related medical expenses (MCL 500.3107c(1)(c))
- Unlimited or no dollar-amount limit for crash-related medical expenses (MCL 500.3107c(1)(d))
- No No-Fault coverage for automobile crash-related medical expenses (Medicare/Opt-out): This occurs when the named insured on the policy has Medicare and has exercised his or her right to opt-out of No-Fault PIP medical benefits coverage altogether (MCL 500.3107d(1))
No-Fault medical coverage through the Michigan Assigned Claims Plan is capped at $250,000. (MCL 500.3172(7)(a))
What if my medical bills exceed the No-Fault coverage in the policy?
When an injured victim’s medical bills are more than the Michigan No-Fault medical coverage limit in the auto insurance policy through which benefits are applied for, pedestrian accident claims can be filed against the at-fault driver who caused the crash to recover present and future “excess” medical expenses. (MCL 500.3135(3)(c))
The person hit in the crash may also be able to seek medical coverage through his or her health insurance plan or Medicare or Medicaid.
What if you are injured and are from out-of-state?
A pedestrian who lives in another state but is injured in an accident involving a car or truck in Michigan cannot make a claim to recover No-Fault benefits unless the injured victim “owned a motor vehicle that was registered and insured in this state.” (MCL 500.3113(c))
However, an out-of-state person injured in a car or truck crash in the Great Lakes State can still sue the at-fault driver for pain and suffering and economic damages, as long as the injured person can show that he or she suffered a “serious impairment of body function.(MCL 500.3135(1), (2), (3)(b) and (d), (5))
How long does it take to resolve a pedestrian accident claim in Michigan?
The time it takes to resolve a pedestrian accident claim in Michigan varies depending on the severity of injuries, the clarity of liability, and whether the case is settled or goes to court. Simple cases with minor injuries may be resolved in a few months, while complex cases involving serious injuries or disputed fault can take six months to a year or longer. If a lawsuit becomes necessary, the process can extend to several years, as court schedules, discovery, and trials add time. Working with an experienced attorney can help streamline the process and protect your right to full compensation.
What are the elements of a successful case?
A successful successful case typically requires proving several key elements:
- Duty of Care: Showing that the driver owed a legal duty to exercise reasonable care to avoid injuring people on foot. Drivers are expected to operate their vehicles safely and watch for individuals walking, especially in areas like crosswalks and parking lots.
- Breach of Duty: Demonstrating that the driver failed to meet this duty by acting negligently—such as speeding, distracted driving, or failing to yield the right-of-way.
- Causation: Proving that the driver’s negligence directly caused the injuries of the person on foot. There must be a clear link between the breach of duty and the harm suffered.
- Damages: Establishing that the person on foot suffered actual damages, including medical expenses, lost wages, pain and suffering, and other losses resulting from the crash.
- Serious Impairment Threshold: Under state law, to pursue compensation for pain and suffering (noneconomic damages), the person injured while walking must prove that their injury resulted in a “serious impairment of body function.
Do I need a lawyer for a pedestrian accident claim in Michigan?
You do not have to hire a lawyer to file a pedestrian accident claim in Michigan, but having an experienced attorney is highly recommended. Our state’s No-Fault law and the legal threshold for noneconomic damages, known as a “serious impairment of body function,” can be complex. An attorney ensures you meet all legal requirements, deadlines, and documentation standards while protecting your rights throughout the legal process.
A lawyer can also help maximize your compensation by accurately documenting injuries, gathering evidence, and negotiating with insurance companies. If the at-fault driver disputes liability or a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court, increasing the likelihood of obtaining full compensation for medical bills, lost wages, pain and suffering, and other damages.
When do I need a lawyer for a pedestrian accident claim in Michigan?
You should consider hiring a lawyer for a pedestrian accident claim in Michigan anytime the case is complex or your injuries are serious. Legal representation is especially important if liability is disputed, your medical bills are significant, or you are seeking compensation for pain and suffering, which requires proving a “serious impairment of body function.”
A lawyer is also crucial if the insurance company delays or denies benefits, if multiple parties are involved, or if you are considering filing a lawsuit. An experienced attorney can guide you through the legal process, negotiate with insurers, and ensure you receive the maximum compensation available under state law.
Why choose the lawyers at Michigan Auto Law to handle my pedestrian accident claim?
Michigan Auto Law is uniquely qualified to handle pedestrian accident claims due to our exclusive and specialized focus on motor vehicle crash cases for more than 50 years. This deep specialization allows us to navigate the state’s complex No-Fault and third-party injury laws with precision, ensuring that cases for serious injuries, including fractures, traumatic brain injuries, and other crash-related harm, 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 for people seriously injured in automobile crashes.
Clients benefit from a personalized, client-first approach. Each case receives focused attention, clear communication, and compassionate support, with no legal fees unless compensation is recovered. With thousands of five-star reviews and decades of peer recognition, we combine legal excellence with trusted advocacy for people injured in automobile crashes.
Were you a pedestrian in Michigan who was struck by a vehicle and need help with your accident claim? Call our attorneys now for a free consultation!
If you were traveling by foot in Michigan and you have been injured in a car or truck crash and you need help with your claim, you can call now (800) 968-1001 for a free consultation with an experienced pedestrian accident lawyer. 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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