Overview
What Is a Third-Party Tort Claim?
Michigan's No-Fault system pays your medical bills and wage loss regardless of fault — but it does not compensate you for pain, suffering, or the full impact your injuries have on your life. That is where a third-party tort claim comes in.
A tort claim is a lawsuit against the driver who caused your accident. To bring one in Michigan, your injuries must meet a legal threshold called "serious impairment of body function." If they do, you can recover pain and suffering damages, excess economic losses, and other compensation that No-Fault does not provide.
The two claims are not mutually exclusive. In most serious injury cases, we pursue both simultaneously — your No-Fault claim against your own insurer and your tort claim against the at-fault driver.
The Threshold
The Serious Impairment Standard
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.
This is a legal standard, not a medical one. Courts look at what you could do before the accident and what you can no longer do — or can only do with difficulty or pain — after it. Proper documentation from the start of treatment is critical.
- Herniated or bulging discs
- Traumatic brain injury (TBI)
- Spinal fractures
- Torn ligaments or tendons
- Nerve damage
- Chronic pain with objective findings
- Objective medical evidence (imaging, tests)
- Impact on work and daily activities
- Duration of impairment
- Treating physician documentation
- Before-and-after comparison
- Consistent treatment history
Don't assume you don't qualify. Insurers argue against the threshold aggressively. Many clients who were told they "don't have a case" by other attorneys have recovered significant damages with us. A free case evaluation costs you nothing.
What You Can Recover
Recoverable Damages
A successful tort claim can recover damages that No-Fault does not cover. The categories below represent the full scope of what Michigan law allows.
Compensation for physical pain, emotional distress, and the loss of enjoyment of life caused by your injuries. This is often the largest component of a tort recovery.
Wage loss beyond the three-year No-Fault cap, and medical expenses that exceed your PIP coverage tier or are denied by your insurer.
Damages for the impact your injuries have on your relationship with your spouse — loss of companionship, affection, and support.
When a crash causes death, surviving family members may bring a wrongful death action for loss of financial support, companionship, and funeral expenses.
Projected future medical costs, ongoing wage loss, and continued pain and suffering for injuries that will affect you long-term.
In cases involving extreme recklessness — drunk driving, street racing, or deliberate conduct — courts may award additional punitive damages.
The Claims Process
How a Tort Claim Works
Every case is different, but most third-party tort claims follow this sequence. We handle every step — you focus on recovery.
We review your accident report, medical records, and insurance policies to determine whether your injuries meet the serious impairment threshold and identify all liable parties.
We gather police reports, witness statements, surveillance footage, and accident reconstruction evidence. We act quickly because evidence disappears.
We work with your treating physicians to document how your injuries affect your ability to lead your normal life — the core of the serious impairment standard.
We present a comprehensive demand to the at-fault driver’s insurer. Most cases settle at this stage. We negotiate aggressively for full value.
If the insurer refuses a fair settlement, we file suit and take the case to trial. We prepare every case as if it will go to a jury.
Tort vs. No-Fault
How the Two Claims Work Together
No-Fault and tort claims are complementary, not competing. Understanding the difference helps you see why both matter.
| No-Fault (PIP) | Third-Party Tort | |
|---|---|---|
| Who pays | Your own insurer | At-fault driver’s insurer |
| Fault required? | No | Yes |
| Covers medical bills | Yes (up to your tier) | Excess only |
| Covers wage loss | Yes (3-year cap) | Excess only |
| Pain & suffering | No | Yes |
| Threshold required | No | Yes — serious impairment |
| Statute of limitations | 1 year to notify | 3 years to file suit |
How We Help
How Great Lakes Auto Law Fights for You
Sean O'Bryan handles every tort case personally. You won't be passed to a paralegal or case manager. We investigate aggressively, document thoroughly, and negotiate from a position of strength — backed by a willingness to try cases when insurers won't pay fair value.
We work on contingency — no fee unless we win. There is no cost to consult with us.