MICHIGAN CAR ACCIDENT LAWYER

Car accident settlement amounts are dictated by a variety of factors including the extent of any injuries, damage to the vehicle, pain and suffering, as well as time missed at work. To receive a prediction of what monetary damages you could be paid after your car accident, check out our Settlement Calculator. Insurance companies will often offer you much less than what you may be entitled to. It is essential that you speak with an attorney in order to be sure you are getting the settlement you deserve.

In Michigan, you have one year to notify your no-fault insurance carrier of an accident. Depending on the exact facts of your accident you may have more or less time to notify and/or sue other parties. Some auto-accident policies have specific, shorter windows of time in which you must contact your insurance company or the police written into them. The best way to guarantee that you are aware of the best course of action is to call a personal injury lawyer who has experience handling Michigan car accident cases as soon as possible.

You should call your insurance company immediately after a car accident to report any damage to your vehicle or injuries to your person. Reporting any injuries early is essential if you intend to apply for no-fault benefits, as insurance companies may try to deny the existence of any injuries not reported in a timely manner. Your insurance company may also be able to help you arrange repairs for your vehicle. It is important to remember, however, that your insurance company wants to pay you the lowest amount of damages possible and to be careful with how you approach them. A car crash attorney can help guide you through these interactions and safeguard your rights.

At the Mike Morse Injury Law Firm, we work on a contingency fee basis. That means you pay us no money until we win your case. There are no fees or charges to have our car accident lawyers start working on your case. We only get paid when you receive your settlement check.

A car accident lawyer can help you understand your rights after a car accident in addition to negotiating with your car insurance company and/or the negligent driver (and their insurance company) on your behalf and providing representation if your case goes to court. 

Insurance companies do not want to pay you anything beyond the bare minimum and they will employ every trick that they know to protect their own interests. Experienced car accident lawyers like those at the Mike Morse Injury Law Firm understand how these businesses operate and will fight to make sure that you receive the compensation you deserve. 

For more information on how a car accident attorney can help you, check out this article.

There is no set timeline for car accident lawsuits, though the average is between a year and a half and two years. Keep in mind that every case is different and the length of time is dependent on the cooperation of the insurance company, the presence of appeals, and whether the case goes to trial. Calling an experienced car accident injury lawyer that will move your case along at the right pace soon after the accident is the best way to receive your settlement as quickly as possible.

Take a moment to evaluate your surroundings and find a safe place–whether that’s your car or outside and away from traffic–from which to call 911. Law enforcement officers are equipped to provide first aid and will arrange other emergency services if they are necessary. Try to move your car away from traffic flow if it is possible and safe to do so as this will give emergency vehicles easier access to the crash site. 

Take pictures and exchange necessary identifying information such as your name, address, telephone number, and insurance details with the other drivers involved. Asking for contact information of witnesses is wise as well, as they may be able to provide testimony in your case. 

Call your insurance company so that they can begin working with you to address the accident and the damages done as soon as possible. 

See a doctor, even if you believe you are unharmed. Injuries from car accidents don’t always appear immediately after the crash. An examination by a medical professional can identify any car accident injuries or other issues and give you peace of mind. 

Call a car accident lawyer. Having an experienced professional to guide you through the legal process is invaluable and can help you win higher compensation than the lowball offer insurance companies want you to accept.

Whiplash, concussion, broken bones, herniated discs, and joint issues are all common in victims of car accidents. In addition to physical injuries, those who have been involved in crashes often suffer from anxiety and other mental health troubles as a result of the accident.

If you were injured in a car accident, it is wise to seek medical attention. A healthcare provider will be able to both care and a report of your injuries that can be used if you choose to pursue legal action.

Contacting a lawyer after a car accident, even if no one was injured, is very often a wise course of action. Car accident lawyers can help you deal with insurance companies who don’t want to pay you what you’re owed as well as create documentation that can help you protect yourself if the other party decides to file a lawsuit. Additionally, if your car was damaged in an accident, a car accident attorney can help you navigate suing for property damage.

It is highly advisable to call local law enforcement after a car crash in Michigan. In addition to providing first aid and other forms or practical help, police will file a report of the accident. A police report contains identifying information and a description of the crash that may be helpful if you decided to file a lawsuit. Additionally, in some cases you may be legally obligated to report the accident.

Police reports contain details about the circumstances of a car accident that can be useful for proving fault in a lawsuit. They can be retrieved from the statewide Traffic Crash Purchasing System for $10. As these reports require a high level of documentation, it can take several days for them to be completed and made available. It is important that you obtain a police report as soon as possible to ensure that it is accurate, complete, and detailed enough to be of use in your case. Once you have the report, be sure to get a copy to your car accident lawyer so that they have the access to resources they need to build your case.

When an insurance adjuster contacts you, make sure you clarify what company they represent. Talking to your own no-fault provider or a property damage adjuster is usually fine, but you should never speak with the insurance adjuster of the at-fault driver. They are simply looking for a way out of paying a settlement and may use your words against you if you speak with them. If you war not sure who you are talking to or are uncomfortable with the questions you are asking, you are always best off talking to an attorney before answering questions.

Drivers who have insurance can submit a claim for property damage caused in a car accident. Depending on your type of coverage, this may or may not pay for all of the damage done to your vehicle. 

Michigan mini-tort claims are another avenue for drivers that are not at-fault to receive compensation for property damage. Under Michigan law, anyone who is 50% or more responsible for a car crash can be sued for up to $1,000. This provision enables uninsured or underinsured drivers to recoup some of their losses.

Additionally, if damage was done to property other than vehicles, no-fault insurance may cover it.

While some car accidents may seem minor enough to simply forget, it may be wise to speak to a car accident attorney afterwards. Injuries and vehicle damage can both become apparent days after an accident. The other driver could file a false claim against you even if all seems well immediately after the accident. Most personal injury law firms work on a contingency basis, meaning that they charge nothing to review your case. Contacting a car accident attorney from our law firm after an accident, even a minor one, is often the wisest course of action. 

For more information on how a car accident lawyer can help you deal with a minor collision, check out this article.

Yes, an injured passenger can sue any negligent drivers that caused an auto accident, including the driver of their car and any Uber, Lyft, or taxi drivers. An injured person should pursue a car accident claim with the negligent driver’s insurance policy, even against a family member or friend. The driver’s premiums may go up as a result of the accident, but it is almost always worth it to have your injuries covered.

It is very common for injuries not to show up immediately after a car wreck. The rush of adrenaline a victim experiences after being hit can block out pain only for it to arise later. If you are experiencing pain due to an accident, seeing a healthcare professional is the best way to receive proper treatment. Michigan law allows those injured in an auto accident three years to file a claim. Even if it has been a while since your accident, if you are suffering from an injury sustained in a car crash, you should call an experienced car accident lawyer as you may have a case.

Unfortunately, a car accident can make your insurance rate increase even if you are not found to be the at-fault party. Insurance companies calculate your rate based on a risk assessment and oftentimes, if the accident was very minor, drivers will opt to avoid reporting an accident to their insurance provider to prevent their rates from rising. 

For more information on how accidents influence insurance rates, check out this blog post.

Your driving record is one of many factors insurance companies look at when setting a client’s rate. You can obtain a digital copy through the Michigan secretary of state’s online reporting system after you make an account and verify your identity with them. If you’d rather receive the information in person, you can go to your local secretary of state office. Alternatively, you can complete and mail this form to make a request. Please note that there is a $12 fee for all options.

Losing a loved one to an unjust, preventable death is a great tragedy that can often be compounded by medical and funeral bills as well as loss of income. A Michigan wrongful death attorney can make sure that your family is informed of your rights and options as well as assist you in your pursuit of justice. Nothing can ever make a wrongful death right, but at the very least compensation can help ease the financial stress that often accompanies death. 

Various government agencies are responsible for maintaining public roads and ensuring that they are safe. If you are injured due to the negligence of one of these agencies, the government may be liable. Cases like these are incredibly complicated for various reasons, including government immunity, but an attorney who specializes in auto accidents will be able to help determine whether or not you should file a lawsuit.

Parking lots can be incredibly dangerous and there are many different types of accidents, each with their own governing laws, that can occur. Whether you were hit while parked and in your vehicle, while driving in a lot, or while walking to your car, if you are injured you should seek medical attention. If you plan to pursue legal action, getting in contact with a car accident attorney can expedite the process, minimize your worry, and maximize your compensation.

If you are hit by a drunk driver, you may be entitled to compensation for lost wages, property damage, medical bills, pain and suffering, and more. In Michigan, there are also unique laws governing liability for licensed alcohol vendors. It is illegal to sell alcohol to anyone under the age of 21 or who is visibly intoxicated and vendors may be liable if they illegally sold alcohol to the at-fault driver. Experienced car accident injury lawyers like those at the Mike Morse Law Injury Firm can help you navigate these types of complicated cases.

For more information about what to do after a drunk driving accident in Michigan, check out this article.

Because car insurance rates can be influenced by any claims you make—even if you were not at-fault for your accident, Michigan drivers should always be aware of the potential future cost of claiming No-fault benefits. Our state is home to some of the most expensive auto-insurance in the nation, even for drivers with perfect records which can make it even more frustrating when insurance companies refuse to pay out after an accident. Having an experienced car accident attorney on your side can help protect you and your rights from their dirty tricks.

How Are Car Insurance Rates Determined?

Car Insurance rates are based on the level of risk the insurance company believes you pose. Those who are more likely to make a claim and those who could make particularly expensive claims will have higher rates than other drivers. 

The type of car you drive, where you live, and your credit history can all be used to determine your risk level. Drivers of expensive sports cars or commonly stolen vehicles, like the Ford F-150, are higher-risk customers for insurance companies. Car insurance rates are also particularly high for these who live in areas deemed risky. City dwellers typically have much higher rates than their suburban and rural counterparts. Detroiters pay the highest auto insurance rates in the nation while those a block away from the city limits receive a considerable discount. 

To learn more about how insurance rates are determined, check out our blog post on the topic here. 

How Much Will Your Rate Be Raised After an Accident?

If you caused your car accident, it’s almost guaranteed that your car insurance rate will go up. The amount it is increased by depends on your insurance company, driving history, and the state you live in, among other factors. Some insurance companies may also consider whether your accident led to property damage and/or injuries when determining your new rate. 

According to a 2022 Forbes magazine article, Michiganders’ insurance rates increase an average of 45% after both accidents involving property damage and those involving injuries. This is very in-line with the national averages of 45% after an accident involving property damage and 47% after a car accident involving injuries. It should be noted, though, that Michigan has some of the highest insurance rates in the nation and a 45% increase here will be a much higher dollar amount than one in a state with cheaper insurance. 

Will Your Rate Still Be Affected if You Didn’t Cause the Accident?

Unfortunately, it is possible that your insurance company will raise your rate after an accident, even if you were not at-fault. Michigan insurance companies may even be particularly incentivized to increase innocent drivers’ rates because Michigan is a No-Fault state. This means that drivers make claims against their own insurance companies regardless of fault, rather than both making a claim with the at-fault driver’s insurance. Michigan insurance companies lose money when their customers get into accidents, even if it wasn’t their fault, and they may increase their rates in order to recoup this loss. Michigan’s House Bill 5517 was introduced in 2014 in an attempt to make raising rates for innocent drivers illegal, but this bill, unfortunately, died due to inaction.

How Long Will an Increase Last?

Most insurance companies only consider the past three to five years of your driving history when setting your rates. Drivers should keep in mind, however, that the severity of their accident can have a significant bearing on the length of time it can affect their rates. Serious infractions like DUIs and DWIs can extend your period of increased insurance rates. 

Should You Still File a Claim After an Accident?

Determining when an accident is serious enough to warrant a claim with your insurance company can be a difficult decision for many Michiganders, especially because our car insurance is already so expensive. The tendency to shrug off accidents can be dangerous, however. Car repair after an accident is often much more expensive than drivers anticipate, and injuries can appear weeks after the accident. If you were involved in an accident and aren’t sure what to do, contact a medical professional and an experienced Michigan car accident attorney. A doctor will be able to detect any medical issues that the accident caused and make sure you get proper treatment for them. A car accident attorney can advise you on your options and help you decide if an insurance claim and/or lawsuit are worth pursuing. 

Michigan roads are infamous for their potholes and cracks. These hazards can be incredibly dangerous for Michigan motorists, and it is unfortunately quite difficult to get the government agency responsible for the roads to pay any damages. If you do decide to pursue a claim, having an experienced car accident lawyer on your side can increase your chances of success. 

Making an MDOT Claim 

If your accident occurred on a state trunkline (M, I, and US routes), you can make a claim against the Michigan Department of Transportation (MDOT). Claims of under $1,000 will be investigated by MDOT, which will likely take at least 90 days. 

To make a claim of under $1,000, drivers must fill out Form 3600 and add any extra information before returning it to their county MDOT office. Notarization is recommended but not required. For more information, read MDOT’s damage claim procedure.

Claims against MDOT of over $1,000 have to be filed as lawsuits. An experienced lawyer can help you collect evidence of the road’s condition and prove that the state failed in its duty to keep the roads safe.

What to Do if Your Accident Happened on a Local Road

Most local roads are typically the responsibility of their county (or in some cases municipality) and Michiganders can make a claim against a county if its failure to maintain its roads led to an accident. If you intend to make a claim against the county in which your accident occurred, contact the correct county road agency (a list of which can be found here) and fill out the required forms. These claims are often difficult to win but hiring a qualified attorney can help you prove the county’s negligence. Check out our blog post on pothole season for more information.

Government Immunity

Drivers that are considering making a claim against MDOT or the county in which their accident occurred should know that these claims are rarely successful because of Michigan’s government immunity laws. MCL 691.1402 and MCL 691.1403 both protect the government from claims regarding bad road conditions. In order to win, you must demonstrate that the government agency you have made a claim against was responsible for the road, knew of the issue, and had adequate time and opportunity to fix it before the accident occurred. If you are planning on pursuing one of these claims, it is essential you speak to a qualified attorney first. A car accident attorney will be able to give you an idea of your chance of success as well as help you build your case if you do decide to make a claim.

Generally speaking, those involved in a car collision should notify their insurance company and file a claim for No-fault benefits as soon as possible after the crash. It is absolutely vital that accident victims stay informed about any deadlines outlined in their insurance policy so that they do not miss their window to make a claim. An experienced auto accident lawyer can keep you informed of your options and help you deal with the insurance companies involved in your accident. 

What to Do After an Accident

It is very easy to feel directionless after the shock and chaos of a car collision. Having a plan of action for emergency situations like a car crash can help you feel confident behind the wheel and handle these situations as smoothly as possible. Taking the following steps after an accident can help you stay safe in the moment and protect yourself in the long term:

1. Take a moment to evaluate your surroundings and find a safe place–whether that’s inside your car or outside and away from traffic–from which to call 911. Law enforcement officers are equipped to provide first aid and will arrange other emergency services if they are necessary. Try to move your car away from traffic flow if it is possible and safe to do so as this will give emergency vehicles easier access to the crash site. 
2. Take pictures and exchange necessary identifying information such as your name, address, telephone number, and insurance details with the other drivers involved. Asking for contact information of witnesses is wise as well, as they may be able to provide testimony in your case. 
3. See a doctor, even if you believe you are unharmed. Car accident injuries don’t always appear immediately after the crash. An examination by a medical professional can identify any issues and give you peace of mind. 
4. Call a car accident lawyer. Having an experienced professional to guide you through the legal process is invaluable and can help you win higher compensation than the lowball offer insurance companies want you to accept.

Statute of Limitations

In Michigan, those involved in car accidents typically have one year from the day of their accident to file a claim with their insurance company and three years from the day of their accident to file a third-party lawsuit against the at-fault driver. In general, it is wise to take action as soon as possible and to make sure you have thoroughly read your auto insurance policy after an accident. Some car insurance companies include extra deadlines for certain claims such as hit-and-runs and underinsured/uninsured motorist claims. Additionally, depending on the facts of your specific accident, you may have an even shorter period to provide notice of your claims to potentially liable parties. This is especially true in cases involving road defects, drunk drivers, and government owned/operated vehicles. Reviewing the facts of your case with an experienced car accident attorney can help ensure that you make your claim in time.

Filing a No-Fault Claim

After a car collision, all involved parties should file a No-fault claim, regardless of who caused the accident. No-Fault claims are typically made through your own insurance company and can provide financial relief more quickly than a lawsuit would. Possible benefits you may receive include compensation for:

• Medical bills: depending on their policy, those injured in car accidents may receive compensation to help pay their hospital bills and prescription costs.
• Lost wages: Injured parties who are unable to work because of their injuries can receive compensation for their lost wages at a set maximum for up to three years through their No-fault insurance.
• Replacement services: Those who were hurt in a car accident may find it difficult to accomplish chores they could otherwise complete. Compensation for replacement services can be up to 420 per day.
• Attendant care: Injured parties who need the assistance of a caregiver after a car accident can receive payment to pay a nurse or family member that is helping them. 
• Other allowable expenses: The Michigan No-Fault act also includes “reasonably necessary products, services and accommodations for an injured person’s care, recovery, or rehabilitation” as payable benefits.

Be Careful When Talking to Insurance Companies

Always make sure that you know who you’re talking to when an insurance adjuster contacts you. Be especially wary when talking to any adjusters, employees or agents of the at-fault driver’s insurance company because they are frequently looking for a way out of paying a settlement and may use your words against you if you speak with them. If you are not sure who you are talking to or are uncomfortable with the questions you are asking, you are always best off talking to one of our accident attorneys before answering questions.

Injured passengers are allowed to sue any driver that is at-fault for their injuries, even the one that was driving them during the auto accident. While passengers should be covered through their own No-Fault insurance or that of a spouse or relative resident, these benefits may prove insufficient. Third-party lawsuits allow passengers to recover excess damages. 

Can an Injured Passenger Sue Their Driver?

If you’ve been injured in a Michigan car accident as a passenger, you may be able to sue the negligent driver that caused the accident and their insurance company. It does not matter if they were behind the wheel of your vehicle or of another one, injured passengers have the right to sue those liable for their injuries. Injured passengers who have experienced a “serious impairment of body function” as defined by Michigan law may be able to sue for pain and suffering damages. 

A “serious impairment of body function” means an impairment that satisfies all of the following criteria:

• It is objectively manifested: It can be observed by someone other than the injured person. 
• It is an impairment of an important body function: The body function must be one of great significance or consequence.
• It affects the injured person’s ability to lead their normal life: It requires the injured person to change the way they live their life. There are no requirements regarding the length of time this must last. Determinations on the validity of these claims will be done on a case-by-case basis and may require an examination of the injured person’s life before and after the accident.

In addition to pain and suffering damages, injured passengers may be able to win excess No-fault benefits through a lawsuit against the negligent driver. While there are options for unlimited medical bill coverage under No-Fault, many drivers opt for cheaper plans with less coverage. Injured passengers whose medical bills and/or wage loss are more than their No-fault insurance will cover can sue the at-fault driver for excess damages.

Can an Injured Passenger Sue the Owner of the Vehicle?

If the at-fault driver and the owner of the vehicle they were driving are separate individuals, injured passengers may be able to sue both of them. In Michigan, the owners of motor vehicles are liable for injuries caused by negligent operation of their vehicle, so long as the vehicle was being driven with their consent. 

Can an Injured Passenger Sue a Rideshare Service?

If you were injured while taking an Uber or Lyft because of your driver’s negligence, it can be easy to assume that you can sue the rideshare service. However, this is often incorrect. Most rideshare drivers are technically independent contractors and not employees and therefore are liable for their own negligence. Uber and Lyft set their services up this way on purpose to protect themselves from lawsuits. If, however, it is determined that the rideshare driver has an employee/employer relationship with the service, Uber or Lyft may be liable for the driver’s negligence under the “respondeat superior” doctrine.

Are Passengers Covered by Insurance?

A passenger that was injured in a Michigan accident will be covered through No-fault insurance, which every Michigan driver is legally required to carry. The passenger’s claim will typically go through their own auto insurance or the policy of a spouse or resident relative. Their coverage will depend on the terms of their policy. To learn more about Michigan’s insurance laws, check out our No-Fault guide. 

The Michigan Assigned Claims Plan

Those injured in an auto accident who are not covered by insurance may be able to receive help through the Michigan Assigned Claims Plan (MACP) which is run by the Michigan Automobile Insurance Placement Facility (MAIPF). This state agency provides a safety net for Michigan drivers and passengers. This program assigns uninsured car accident victims to insurance companies for evaluation and PIP benefit payment. The MACP then reimburses the companies for the benefits they paid out. This program is meant to act as a last resort option.