Michigan Auto Law, Explained Plainly

Talk to Sean directly.

Free consultations, no obligation. We answer questions — even if you're not sure you have a case.

What to Do Immediately After a Crash

• What should I do at the scene of a Michigan car accident?

  Your safety comes first. If you can move safely, get out of traffic. Then:

  • Call 911. A police report is critical evidence — always get one, even for minor crashes.
  • Document everything. Photograph the vehicles, damage, road conditions, skid marks, and any visible injuries.
  • Get the other driver’s name, license number, insurance company, and policy number.
  • Collect contact information from all witnesses.
  • Do not admit fault or apologize — even casually. Anything you say can be used against you.
  • Seek medical attention immediately, even if you feel fine. Symptoms of serious injuries often appear hours or days later.
• Should I talk to the other driver’s insurance company?

  You are not required to give a recorded statement to the at-fault driver's insurer, and you should not do so without an attorney. Their adjuster's job is to minimize what they pay you. Anything you say — including a casual "I'm fine" — can be used to reduce your claim.

  You must notify your own insurer of the accident promptly — that is a policy requirement. But you can and should limit what you say until you have legal advice.

• Do I need a police report?

  Yes. A police report is one of the most important pieces of evidence in any auto accident claim. It documents the time, location, parties involved, and often includes the officer's assessment of fault. In Michigan, you are required to report accidents involving injury, death, or property damage over $1,000. Even if the damage appears minor, always call 911 and get a report.

• What if I didn’t seek medical treatment right away?

  A gap in treatment is one of the most common arguments insurers use to deny or reduce claims. If you delayed treatment, it doesn't mean your case is lost — but you need to explain the gap and establish a consistent treatment record going forward. Contact us as soon as possible. We can help you document your injuries and address the gap in a way that protects your claim.

Michigan No-Fault and PIP Benefits

• What does Michigan No-Fault insurance cover?

  Michigan's No-Fault system requires your own insurer to pay for accident-related losses regardless of who caused the crash. Personal Injury Protection (PIP) benefits include:

  • Medical expenses (up to your chosen PIP tier — unlimited, $500K, $250K, or $50K)
  • Wage loss: 85% of gross wages, up to $6,615/month (2024), for up to three years
  • Replacement services: up to $20/day for household tasks you can no longer perform
  • Attendant care: compensation for family members who provide in-home care
  • Funeral and burial expenses
• What is the deadline to file a No-Fault PIP claim?

  You must notify your insurer of your intent to claim PIP benefits within one year of the accident. Missing this deadline can permanently bar your No-Fault claim.

  For medical expenses, you must submit bills within one year of the date each expense was incurred. This means ongoing treatment must be submitted on a rolling basis — not just at the end of treatment.

• My insurer is denying my PIP claim. What can I do?

  Insurers deny PIP claims for many reasons — some legitimate, many not. Common grounds for denial include claims that treatment was not "medically necessary," that the injury was pre-existing, or that you missed a deadline. You have the right to challenge a denial.

  We handle PIP disputes regularly. If your insurer is refusing to pay benefits you're entitled to, call us at (947) 729-7198 for a free consultation.

• What PIP coverage level should I have?

  Michigan law allows you to choose your PIP tier: unlimited, $500,000, $250,000, or $50,000 (if you have Medicaid). The lower tiers reduce your premium but cap your medical coverage. If your injuries exceed your PIP limit, you may be responsible for the difference. We strongly recommend unlimited PIP for most drivers — the premium savings rarely justify the risk of a catastrophic injury exceeding your coverage.

Suing the At-Fault Driver

• What is the difference between a No-Fault claim and a tort claim?

  A No-Fault (PIP) claim is against your own insurer for medical expenses and wage loss — fault doesn't matter. A tort claim is a lawsuit against the at-fault driver for pain and suffering, excess economic losses, and other damages No-Fault doesn't cover. In most serious injury cases, you pursue both simultaneously. They are complementary, not competing.

• What injuries qualify for a tort claim in Michigan?

  To bring a tort claim for pain and suffering, your injury must constitute a "serious impairment of body function" — an objectively manifested impairment of an important body function that affects your general ability to lead your normal life.

  Courts have found this standard met in cases involving herniated discs, traumatic brain injury, spinal fractures, torn ligaments, nerve damage, and chronic pain with objective medical findings. The key is documentation — your medical records must show objective evidence of the impairment and its impact on your daily life.

• How long do I have to file a tort claim?

  The statute of limitations for Michigan auto accident tort claims is three years from the date of the accident. Missing this deadline permanently bars your claim.

  Don't wait. Evidence disappears, witnesses move, and insurers use delay against you. Contact us as soon as possible after your accident.

• What if the at-fault driver has no insurance?

  If the at-fault driver is uninsured or underinsured, you may have a claim under your own Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage — if you purchased it. Michigan does not require UM/UIM coverage, but it is available as an add-on. Check your policy now. If you have it and are injured by an uninsured driver, you can make a claim against your own insurer for the damages you would have recovered from the at-fault driver.

Working With an Attorney

• How much does it cost to hire Great Lakes Auto Law?

  We work on a contingency fee basis — you pay nothing unless we recover compensation for you. There is no upfront cost, no hourly fee, and no charge for the initial consultation. Our fee is a percentage of the recovery, agreed upon before we begin. If we don't win, you owe us nothing.

• How long will my case take?

  Most cases settle within 12–24 months. Cases that go to trial can take longer. The timeline depends on the severity of your injuries (we generally wait until you reach maximum medical improvement before settling), the insurer's willingness to negotiate fairly, and court scheduling. We keep you informed at every stage and will never pressure you to accept a settlement that doesn't reflect the full value of your claim.

• Will I have to go to court?

  Most cases settle before trial. However, we prepare every case as if it will go to a jury. Insurers know which attorneys try cases and which ones settle for less — our willingness to litigate produces better settlements. If your case does go to trial, Sean O'Bryan will be at the table with you.

• Who will handle my case?

  Sean O'Bryan handles every case personally. You will not be passed to a paralegal or a case manager after the initial consultation. You will have Sean's direct contact information and can reach him with questions throughout your case. This is a deliberate choice — we take fewer cases so we can give each one the attention it deserves.

• What information should I bring to my first consultation?

  Bring as much of the following as you have available:

  • The police report (or the report number if you don’t have a copy yet)
  • Your auto insurance policy and declarations page
  • Photos of the accident scene, vehicles, and your injuries
  • Medical records and bills related to the accident
  • Any correspondence with your insurer or the other driver’s insurer
  • A written summary of how your injuries have affected your daily life and work

  Don't worry if you don't have everything — we can help you gather what's missing.

Rideshare, Pedestrians & Other Scenarios

• I was hit by an Uber or Lyft driver. What are my rights?

  Rideshare accidents involve multiple layers of insurance coverage that depend on the driver's status at the time of the crash:

  • App off: Only the driver’s personal auto insurance applies.
  • App on, no passenger: Uber/Lyft provide contingent liability coverage ($50K/$100K).
  • Passenger in vehicle or en route to pickup: Uber/Lyft provide $1 million in liability coverage.

  Rideshare claims are complex. We handle them regularly and know how to navigate the coverage layers.

• I was a pedestrian or cyclist hit by a car. Am I covered by No-Fault?

  Yes. Michigan No-Fault covers pedestrians and cyclists injured by motor vehicles, even if you don't own a car. The claim is typically made against the insurer of the vehicle that struck you, or — if that vehicle is uninsured — against the Michigan Assigned Claims Plan. You may also have a tort claim against the driver for pain and suffering if your injuries meet the serious impairment threshold.

• I was injured in a car accident as a passenger. What are my options?

  As a passenger, you have No-Fault PIP coverage through your own auto policy (if you have one), through the driver's policy, or through the Michigan Assigned Claims Plan. You may also have a tort claim against the at-fault driver — whether that is the driver of the vehicle you were in, the other driver, or both. Passenger claims are often straightforward because fault is rarely attributed to you.

• What if I was partially at fault for the accident?

  Michigan follows a modified comparative fault rule. You can recover damages as long as you are not more than 50% at fault for the accident. If you are found partially at fault, your recovery is reduced by your percentage of fault. For example, if you are 20% at fault and your damages are $100,000, you recover $80,000. We investigate every case thoroughly to minimize any fault attributed to our clients.

Don't see your question? Call (947) 729-7198 or send us a message for a free, confidential consultation.