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 hit 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 hit by a car as pedestrian in Michigan?
- Seek medical attrention help right way -Even if you don’t feel seriously hurt, see a doctor as soon as possible. Some injuries aren’t immediately obvious but can have long-term effects.
- Contact the police – Contact the police or parking lot security to file an official report. This documentation is important for insurance claims and legal protection.
- Document the scene – Take photos of the scene, any vehicle damage, and your injuries. If there were witnesses, get their names and contact information.
- Know your legal rights – You may qualify for no-fault benefits to cover medical bills and lost wages. If your injuries are severe, you could also pursue compensation for pain and suffering from the at-fault driver.
- Consult an experienced attorney – A lawyer who specializes in auto accident cases can guide you through the claims process and help protect your rights.
Can a pedestrian file a lawsuit if hit by a car in Michigan?
In Michigan, a pedestrian can file a lawsuit if hit by a car, but there are specific conditions to consider. Our no-fault insurance system provides Personal Injury Protection (PIP) benefits to cover medical expenses and lost wages regardless of fault.
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 pedestrian’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 persib need 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 hit by a car 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 pedestrian’s accident-related medical bills and lost wages if he or she is disabled from working. The pedestrian need not show the driver was 100% at-fault.
In order to recover the Michigan 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 what 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 vary 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 Michigan drivers 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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