A car crash can turn an ordinary day into a stack of medical bills, insurance calls, and worry about what comes next, not to mention the pain and grief that can result from the crash. Our legal team at Schefman & Associates represents Detroit drivers and passengers after serious wrecks and can help you weigh your options before you speak with an adjuster.
Proving Who Was Responsible for the Crash
Most Michigan crash claims turn on fault because the at-fault driver’s insurer is responsible for payment of the damage caused. Police reports, traffic camera footage, local security cameras, analysis of vehicle direction, speed, road evidence, and witness statements often determine what happened. On busy Detroit roadways such as the Lodge Freeway, Interstate I-94, and Interstate I-75, where fault is frequently disputed and contested, the State Police will collect much of the evidence, but you will need additional experience to bring the case to trial. Many newer vehicles record speed and braking data in an event data recorder, and our firm works to preserve it, along with the other driver’s phone records when distraction is suspected.
Damages You Can Recover After a Michigan Car Crash
What you can claim depends on how the crash affected your body, your finances, and your daily routine. The following damages are commonly pursued in car accident claims:
- Medical expenses
- Lost wages and earning capacity
- Pain and suffering
- Mental anguish
- Vehicle damage
- Diminished quality of life
- Loss of consortium for spouses
- Wrongful death for families
Michigan’s no-fault system shapes how those losses get paid. Your own insurer covers medical bills, attendant care, household service reimbursements, and wage loss through personal injury protection benefits, no matter who caused the crash. Meanwhile, a claim against the at-fault driver opens the door to pain and suffering when your injury meets the statutory threshold of serious impairment of body function under MCL 500.3135. If insurance is not available for the at-fault driver, or if that coverage is not sufficient for the nature of your injuries, your own uninsured or underinsured coverage may be tapped, but your injuries must still meet that threshold. For wage loss in excess of the no-fault statutory maximum, the threshold does not apply.
Michigan follows a modified comparative fault system. You can still recover compensation if you were partly at fault, but your share of responsibility reduces your damages. However, you cannot recover pain and suffering damages if you are more than 50% at fault.
What Is the Statute of Limitations for Filing a Car Accident Claim?
In Michigan, you generally have three years from the date of the crash to file a car accident lawsuit against an at-fault driver, a deadline set by MCL 600.5805. Opening an insurance claim does not pause that clock, and only a lawsuit filed in court stops it. A suit against the at-fault driver is filed where the driver or owner resides or where the cause of action arose.
If that is in Detroit, the suit is filed in Michigan’s Third Judicial Circuit Court, which serves Wayne County. Missing that 3-year window ends the opportunity to file a case for good. And these claims should be pursued quickly so that evidence remains available and witnesses have fresh memories.
No-fault benefit claims run on a separate, shorter one-year rule, and the insurer must be placed on notice within one year of the collision. A suit must be filed within one year from the date any no-fault benefit was incurred.
Why Choose Our Detroit Car Accident Lawyers?
More than 60 years of combined experience sit behind every claim our firm handles, and that depth shapes how each case is built. At Schefman & Associates, your attorney will be at the initial interview and direct the case from then on. Our help for injured clients covers:
- Assisting you with your medical coverage so the bills get paid.
- Claim investigation: Gathering the proof that shows what happened and submitting it timely to the insurer.
- Insurer pushback: Countering lowball offers from adjusters requires preparing a case for trial; preparing to win is the surest way to maximize the value of a case.
- Damage calculation: Adding all of your current and future losses, both economic and non-economic.
- Free consultations: Reviewing your claim and all of the applicable coverages without any charge.
Speak With Our Detroit Car Accident Lawyers Before Any Adjuster
After a wreck, the cost of legal help should not be one more worry. Schefman & Associates works on a contingency basis, so you pay nothing up front and owe no fee unless we recover money for you, and our Detroit car accident lawyers handle the insurers and negotiations while you heal. Call (248) 594-2600 or contact us online for a free consultation.
What Should I Do Immediately After a Car Accident in Michigan?
After a car accident in Michigan, check for injuries, call 911 when emergency assistance is needed, and report the collision to law enforcement when required. Seek medical attention promptly, even if symptoms seem minor, because injuries such as concussions and soft tissue damage may not be immediately apparent. Document vehicle damage, road conditions, and witness information if it is safe to do so. Notify your auto insurance company according to your policy requirements. A Michigan car accident attorney can help you understand your no-fault benefits and preserve evidence needed for a potential injury claim.
How Does Michigan’s No-Fault Insurance Law Affect My Car Accident Claim?
Michigan’s no-fault insurance system generally provides Personal Injury Protection (PIP) benefits for qualifying medical expenses and certain wage losses regardless of who caused the accident. However, medical coverage depends on your policy selection and eligibility, and disputes can arise over treatment costs or benefit payments. If another driver caused the collision and your injuries meet Michigan’s legal threshold, you may also pursue compensation for pain and suffering and certain other damages. A Michigan car accident lawyer can review your coverage and determine which claims may be available.
Can I Sue an At-Fault Driver for Pain and Suffering After a Car Accident in Michigan?
Yes, you may be able to sue an at-fault driver for pain and suffering following a Michigan car accident if your injuries meet the state’s legal threshold. Under Michigan law, a claim for noneconomic damages generally requires death, serious impairment of body function, or permanent serious disfigurement. A serious impairment can involve an objectively manifested injury affecting your ability to lead your normal life. Medical documentation, treatment records, and evidence of changes to your daily activities can help establish the impact of the injury. An attorney can evaluate whether your circumstances qualify.
What Happens if the At-Fault Driver Doesn’t Have Insurance in Michigan?
If an uninsured driver causes a car accident in Michigan, you may still qualify for certain benefits through Michigan’s no-fault insurance system, depending on your coverage and eligibility. Your policy may also include uninsured motorist coverage, which can provide compensation for qualifying losses caused by an uninsured driver. However, uninsured motorist coverage is generally optional in Michigan, and policy exclusions may apply. You may also have a claim directly against the responsible driver, although collecting compensation can be difficult. A Michigan car accident attorney can review your available insurance and potential recovery options.
How Long Do I Have to File a Car Accident Injury Claim in Michigan?
In Michigan, most lawsuits seeking compensation for car accident injuries from an at-fault driver must be filed within three years of the accident. However, claims for no-fault Personal Injury Protection benefits generally involve a one-year filing deadline, subject to statutory notice and payment exceptions, and limitations on recovery of older unpaid expenses. Different rules may apply to certain government-related claims and other circumstances. Because missing a deadline can affect your ability to recover compensation, contacting a Michigan car accident attorney promptly is important.