A pedestrian who has been hit by a car in Michigan may be able to sue the at-fault driver who caused the accident for pain and suffering compensation. The injured victim may also be able to recover auto No-Fault insurance benefits to pay for medical bills and lost wages if he or she is disabled from work due to injuries.
Reaching a full and fair settlement for any person traveling by foot will depend on factors such as: (1) the nature and extent of the victim’s injuries; (2) current and future medical needs; (3) the extent of lifestyle impairment; (4) allocation of fault; and (5) how much liability insurance and personal assets the at-fault driver has who struck the person traveling by foot.
To find out how much your case is worth and what a fair settlement would be, check out our Accident Settlement Calculator.
What happens if a pedestrian gets hit by a car in Michigan?
In Michigan, a pedestrian who gets hit by a car may be able to sue the at-fault driver to recover compensation for his or her pain and suffering. Additionally, the injured victim will be entitled to recover No-Fault benefits to pay for his or her medical bills and for lost wages if their injuries disable him or her from working.
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What to do if you’re a pedestrian hit by a car in Michigan?
In Michigan, if a pedestrian is hit by a car, seeking prompt medical attention ensures injuries are treated and documented, while reporting the crash to police creates an official record. Gathering evidence, notifying your insurer, and being cautious with the driver’s insurer can affect compensation. Consulting an experienced attorney can help protect your rights and guide you through the process. Below, we will explain each of these important steps in more detail.
Get medical attention immediately
If a pedestrian is hit by a car in Michigan, getting medical attention immediately is critical. Even accidents that seem minor can cause serious injuries such as concussions, fractures, or internal bleeding that may not be apparent right away. Prompt evaluation ensures injuries are properly diagnosed and treated, reducing the risk of long-term complications.
Seeking care right away also helps protect your legal rights. Medical records provide important documentation when filing a No-Fault insurance claim or pursuing compensation beyond PIP benefits. Early treatment establishes a clear connection between the accident and your injuries, strengthening any future claim and ensuring you receive the benefits and support you are entitled to.
Call the police
If a pedestrian is hit by a car in Michigan, calling the police should be one of the first steps. Even if the accident occurs in a vehicle area or private property, law enforcement can respond, investigate the scene, and create an official accident report. This report documents key details such as the driver’s information, witness accounts, and the conditions at the time of the crash, which can be critical if there are disputes about fault.
Having an official police report also supports insurance and legal claims. In our state, No-Fault benefits and potential lawsuits for damages beyond PIP rely on clear evidence that the accident occurred and caused your injuries. A police report provides independent verification of the incident, helping protect your rights and strengthen your case for compensation.
Gather evidence
If a pedestrian is hit by a car in Michigan, gathering evidence at the scene is essential. Documenting details immediately—such as photos of the vehicle, your injuries, skid marks, traffic signs, and the surrounding area—can help establish how the accident happened. Collect the driver’s contact and insurance information, as well as the names and phone numbers of any witnesses who saw the crash.
Preserving evidence right away is important because surveillance footage can be deleted and witness memories may fade. Clear documentation strengthens both insurance claims and potential legal action by showing the circumstances of the accident and supporting your account of what happened. Acting quickly helps protect your right to compensation.
Notify your insurance company
If a pedestrian is hit by a car in Michigan, notifying your insurance company promptly is an important step. Under our state’s No-Fault system, your own auto insurance typically provides Personal Injury Protection (PIP) benefits, which can cover medical expenses, lost wages, and other related costs—even if you were walking at the time of the accident. Reporting the accident quickly ensures your claim is processed without delays.
Timely notification also helps protect your rights. Most No-Fault claims must be filed within one year of the accident, and early reporting creates a clear record of your injuries and the incident. Providing accurate information to your insurer while avoiding speculation about fault or injury severity strengthens your ability to access benefits and supports any future legal claims.
Avoid detailed conversations with the driver’s insurer
If a pedestrian is hit by a car in Michigan, it’s important to avoid detailed conversations with the driver’s insurance company. Adjusters may contact you quickly and could try to minimize your claim or shift blame. Providing recorded statements, speculating about fault, or discussing the full extent of your injuries too soon can jeopardize your rights.
Instead, be cautious and only share basic facts about the accident, such as the date, time, and location. Consulting an experienced attorney before speaking with the driver’s insurer can help protect your claim and ensure you do not unintentionally limit your ability to pursue full compensation for pain, suffering, or other damages.
Consult an attorney
If a pedestrian is hit by a car in Michigan, consulting an experienced attorney can be a critical step. While our state’s No-Fault system provides coverage for medical expenses and lost wages, claims can involve complex rules, disputed liability, and questions about compensation for pain and suffering or permanent injuries. An attorney can review your case, explain your options, and help you determine whether you may be entitled to additional damages beyond No-Fault benefits.
Legal guidance also helps protect you from common pitfalls, such as early settlement offers, miscommunications with insurance adjusters, or missed deadlines for filing claims. An attorney can gather evidence, handle negotiations, and advocate on your behalf, ensuring your rights are fully protected while you focus on your recovery.
Can a pedestrian sue if hit by a car in Michigan?
In Michigan, a pedestrian can sue a driver if hit by a car to seek damages beyond No-Fault benefits, such as pain and suffering, emotional distress, or permanent injuries. Under comparative negligence, any award may be reduced if the individual walking shares fault, so legal guidance is essential.
However, to file a lawsuit for additional compensation—such as pain and suffering—an injured victim must meet the state’s “serious impairment of body function” threshold. This means the injury must be significant and have a lasting impact. If this threshold is met, the injured victim can pursue a third-party claim against the at-fault driver for damages beyond what no-fault insurance covers. Consulting with an experienced attorney is recommended to evaluate your case and understand your legal options.
Pain and suffering compensation for a pedestrian hit by car in Michigan
In Michigan, pedestrian who has been hit by a car and injured may be able to sue the at-fault driver who caused the crash for pain and suffering compensation if he or she can prove: (1) the at-fault driver was negligent; and (2) the walker’s injuries caused him or her to suffer a “serious impairment of body function” under the state’s auto accident threshold law.
A “serious impairment of body function” means that a person’s injuries have resulted in a serious impairment of an important body function which has affected the person’s general ability to lead his or her normal life.
A serious impairment of body function is the legal tort threshold that any pedestrian who is hit by a car in Michigan must meet in order to be able to sue for pain and suffering compensation and recover monetary damages for non-economic losses.
In a lawsuit for pain and suffering compensation, an injured person traveling by foot may also be able to recover “excess” No-Fault benefits which are the benefits that are not covered by applicable auto No-Fault insurance policy because of the medical coverage level that was chosen.
Importantly, a person needs to prove a “serious impairment of body function” to recover economic losses and any “excess” No-Fault insurance benefits. But the at-fault driver’s negligence must still be proved in order for the injured victim who was struck by a vehicle to get money for economic loss in our state.
About Michigan No-Fault benefits
In Michigan, a pedestrian who was hit by a car is entitled to recover No-Fault benefits, sometimes referred to as PIP benefits, from the responsible auto insurance company. These PIP benefits help pay for the walker’s accident-related medical bills and lost wages if he or she is disabled from working. The individual struck by the vehicle need not show the driver was 100% at-fault.
In order to recover the No-Fault benefits that a person is entitled to after being struck and injured by a motor vehicle, it is essential that he or she file an application for No-Fault benefits with the responsible auto insurance company within one (1) year of the accident.
Failure for an injured pedestrian to file the application on time will disqualify the injured victim who was hit by a car from receiving Michigan No-Fault benefits and it will bar the victim from suing for unpaid benefits.
The auto insurance company that will be responsible for paying an injured victim’s No-Fault benefits will be the insurance company that by law is the highest priority to provide PIP benefits. The legal analysis for determining priority is as follows:
- Your own No-Fault auto insurance policy for your own personal motor vehicle in which you are the named insured. (MCL 500.3114(1); 500.3115)
- The No-Fault auto insurance policy that your spouse has on his or her motor vehicle. (MCL 500.3114(1); 500.3115)
- The No-Fault auto insurance policy that a resident relative who lives with you has on his or her motor vehicle. (MCL 500.3114(1); 500.3115)
- The Michigan Assigned Claims Plan will assign an auto insurance company to pay for your No-Fault benefits if there is no No-Fault coverage available to you through any of the other sources. (MCL 500.3115)
What are the statute of limitations for filing a lawsuit?
In Michigan, the statute of limitations (time limit) for filing claims after a pedestrian was hit by a car varies depending on the type of compensation you seek. For no-fault benefits, which cover medical expenses, lost wages, and related costs, you generally have one year from the date of the accident—or from when the expense occurred—to file a claim. Missing this deadline may result in losing your right to those benefits. If you want to pursue compensation for pain and suffering or other damages through a lawsuit against the at-fault driver, you typically have three years from the date of the accident to file your claim. It’s important to keep these deadlines in mind and consult with an attorney promptly, as exceptions may apply based on individual circumstances.
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What is the average settlement for a pedestrian hit by a car in Michigan?
The settlement amount for a pedestrian hit by a car in Michigan can vary greatly depending on several factors. These include the severity and type of injuries, the clarity of who was at fault, the extent of medical treatment and recovery time, lost wages, and the impact on the victim’s daily life. Insurance coverage limits and the circumstances of the accident also play important roles. Because every case is unique, settlement amounts can differ widely. Consulting with an experienced attorney can help you understand the potential value of your claim based on your specific situation.
What is considered a fair settlement?
A full and fair settlement for a pedestrian who is hit by a car in Michigan will likely involve the following factors that insurance companies and personal injury attorneys use to determine settlement: (1) the nature and extent of the injured victim’s injuries; (2) his or her present and future medical needs; (3) whether the injured victim is disabled from working and if no longer disabled, the period of time missed from work; and (4) the effect on the injured victim’s ability to lead his or her normal life.
Also, the at-fault driver’s insurance company, adjuster and liability coverage policy limits, as well as the amount of personal assets and collectibility, will play a significant role in arriving at a full and fair settlement.
All drivers in our state are legally required to carry a minimum of $250,000/$500,000 in liability insurance coverage, although they have the option “to purchase lower limits” of $50,000 and $100,000. (MCL 500.3101(1); 500.3131(2); 500.3009(1)(a) and (b), (5))
In the event that the at-fault driver who hit a person walking was driving for Uber or Lyft or was the driver of a truck or commercial vehicle, then the minimum liability insurance coverage limits will be considerably higher.
Are you a pedestrian who was hit by a car in Michigan and need legal help? Contact one of our attorneys now for a free consultation
If you or a loved one has suffered serious injuries when you were hit by a car while walking in Michigan 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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