What to Do After a Michigan Car Accident That Wasn’t Your Fault

In the moments immediately after a car accident, there is confusion and chaos. You might feel disoriented and struggle to regain your bearings, even if you only have minor injuries.

After the dust settles, you may start to realize the full impact of what happened. Michigan’s no fault insurance system sometimes gets a bad reputation, and you may think that even though you’re suffering from injuries as a result of a negligent driver, you are out of luck.

It’s time for you to learn about what Michigan car insurance actually covers, and when the at-fault driver’s insurer will pay your damages. You might be surprised to find out that no matter who was at fault, a personal injury lawyer can help you recover fair compensation. An experienced car accident lawyer can negotiate with any auto insurance on your behalf—whether it’s yours, or the other driver’s insurance company.

Steps to Take Immediately After a Car Accident

Following a car crash, it may be difficult to know what to do next, especially if you are injured. Knowing the right steps can make a big difference in your personal injury claim, which is why it’s so important to collect as much information as possible.

If you’ve just been in a car accident, take the following actions to the best of your ability:

1. Call 911 and seek immediate medical attention for anyone who is hurt. Even if you don’t believe you have any serious injuries, it is a good idea to get treated. Adrenaline can mask pain, and some injuries like whiplash may not show up right away.
2. File a police report. If you call emergency services, they will notify the police. However, even if you don’t need to call 911, make sure you still report the accident to the police. A police report can be a very important piece of evidence after a car accident, used by insurance adjusters as a relatively unbiased report of what transpired and who is the at-fault driver.
3. Obtain the other driver’s name and insurance information. Take a photo of their license plate and the make and model of their car. This information may not be easy to track down after the wreck is cleaned up and you go your separate ways.
4. Document the accident scene as best you can. Take photos or videos of the vehicles from all angles, including any property damage and any skid marks on the road. If there are any witnesses, get their contact information—they had a different perspective of the accident and may know some valuable details. Look for any security cameras that may have captured the accident scene. The more evidence you have, the easier it will be to recreate the accident and determine who is at fault.
5. Talk to a car accident attorney about whether they can help you with your insurance claim. An auto insurance company will likely try to give you a lowball offer, hoping you will need the money right away and not have the courage to argue with them. Once you accept their offer, you can’t change your mind later if you discover your injuries are worse than you thought. An experienced lawyer will help you get fair compensation for the full extent of your damages.

After a wreck, you may have medical bills and you may have missed work due to the accident and recovery. Your car might be totaled, or you might be facing extensive repair costs. You know you need to make a car accident claim, but what is the claims process in no fault states?

RELATED: Who To Call First After An Auto Accident

Car Insurance Claims: How Michigan’s No-Fault Laws Work

In an at-fault state, the at-fault driver’s insurance company has the primary responsibility to pay for any car accident injuries and damages, up to their policy limits. That includes economic damages (like medical bills and lost wages) as well as non-economic damages.

But in a no-fault state like Michigan, your own insurer bears primary responsibility to pay for certain benefits under your no-fault insurance, also known as Personal Injury Protection (PIP). This includes coverage for your medical expenses, your lost wages, household replacement services (like cooking and cleaning), and attendant care services (nursing care).

Each injured driver must file a claim with their own insurance company. It doesn’t matter who caused the accident—that’s why it’s called “no fault.”

The most common mistake people make is thinking that “no fault” means that it never matters who was at fault, or that you’ll never have to sue the other driver. That’s simply not true, and there are many situations where you may be able to recover compensation from the at-fault driver’s insurance company.

Most importantly, your own insurance policy is not responsible for non-economic damages. That includes things like pain and suffering, permanent disfigurement, emotional distress, or other permanent changes to your ability to enjoy life. These can be significant amounts of money in severe car crashes, and can make an enormous difference when you’re facing life-changing injuries and trauma.

When Can I Sue the At-Fault Driver in Michigan?

There are two basic scenarios in which you can recover additional compensation from an at-fault driver in Michigan.

If you are 50% or less at fault for the accident, and your injury qualifies as a “threshold” injury, you may pursue the at-fault driver’s insurer for non-economic damages. Under Michigan law, a threshold injury is an injury that causes any of the following: permanent serious disfigurement, impairment of body function, or death.

However, do note that if you are partially at fault for the car accident, your compensation for non-economic damages will be reduced by your degree of fault. For example, if a court finds you 20% responsible for your injuries, your award will be reduced by 20%.

The other driver’s insurer may also cover your “excess economic damages” if they have exceeded the limits of your own personal policy. For example, if you purchased an auto insurance policy with $500,000 of lifetime PIP coverage, and your actual economic damages are $700,000, you can file a lawsuit against the at-fault driver for the additional $200,000.

How do you make a third-party insurance claim for your property damage and more? Call a legal professional for help holding the other driver accountable.

RELATED: What Should I Do With My Auto Insurance Coverage?

A Car Accident Lawyer Can Help You Get Fair Compensation, No Matter Who Is At Fault

Whether the other driver caused the accident, or you yourself had a lapse in judgement, getting the insurance company to pay you fair compensation can be complicated and difficult.

Your personal finance situation may be getting stressful as medical costs pile up, and now you are without transportation since your car was in a wreck. You are trying to recover from your injuries and may not have the bandwidth or skill to negotiate with an insurance adjuster.

You need to know that the insurance companies are not trying to treat you fairly, instead, they are trying to save themselves money. Your own no-fault insurer may dispute the necessity of the medical treatment you’ve received and refuse to pay. And if you file a claim against the other driver’s insurance company, they may know that your claim is worth much more than they’ve offered, but they’re hoping you won’t realize the true value of your insurance claim and settle for far less.

When you talk to our lawyers, you can be assured that we have the skills and the experience to aggressively negotiate on your behalf. Whether you need help with your own insurance, or the other driver’s insurer, we can thoroughly assess what damages you should claim. Then we will work tirelessly to ensure that you get the money you deserve.

RELATED: Can You Sue a Driver in Michigan for an Accident?

Call CBH Counselors For A Free Consultation

When you’re in a no-fault accident state like Michigan, but an accident happened because of another driver’s negligence, you deserve compassionate and trustworthy legal help. When you have serious injuries and need help to cover medical bills, the at-fault driver and their insurance coverage can make the difference to get you back on your feet.

You need a personal injury lawyer like CBH Attorneys & Counselors to show that the responsible driver and the other insurance company should help with your severe injuries and medical care. Our team will also show you compassion and communication at every step of the process.

For a free consultation, please contact our team or call us at (616) 608-3061. Tell us the details of your specific case and we can advise you on the best path forward.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.