After a Michigan crash you can sue the at-fault driver for pain and suffering if your injury meets the serious impairment threshold, and for medical bills and lost wages that your no-fault coverage did not pay. You have three years from the crash to file. Your own no-fault (PIP) benefits are a separate claim against your own insurer, and they are paid whoever was at fault.
Two claims after every Michigan crash
Michigan’s no-fault act splits an injury claim in two. Most people need both.
| No-fault (PIP) claim | Claim against the at-fault driver | |
|---|---|---|
| Who pays | Your own auto insurer, or a household relative’s, or the assigned claims plan | The at-fault driver, through their liability insurer, plus the vehicle owner and sometimes an employer |
| Fault | Does not matter | You must prove the other driver was negligent |
| What it pays | Medical care up to your PIP limit, 85% of lost wages up to $7,455 a month for accidents from October 1, 2026 through September 30, 2027, household help up to $20 a day, mileage | Pain and suffering, plus medical costs and wage loss above what PIP pays |
| Main deadline | Notice to the insurer within one year | Lawsuit filed within three years |
This page is about the second claim. For the first, start at no-fault benefits and which insurer pays.
The threshold: when you can sue for pain and suffering
Michigan law (MCL 500.3135(1)) allows a claim for non-economic damages only when the crash caused one of three things:
- Death
- Serious impairment of body function
- Permanent serious disfigurement
A serious impairment of body function has three parts. The impairment must be objectively manifested, meaning observable or perceivable from actual symptoms or conditions, not only by you. It must affect a body function that is important to you. And it must affect your general ability to lead your normal life. It does not have to be permanent, and there is no minimum time it has to last. The court compares your life before and after the crash, case by case.
Where there is no real dispute about the nature and extent of your injuries, the judge decides whether the threshold is met. For a closed-head injury, sworn testimony from a doctor who regularly diagnoses or treats closed-head injuries that you may have a serious neurological injury is enough to send the question to a jury. The full test is on our serious impairment threshold page.
What you can recover
| Loss | Where it comes from |
|---|---|
| Pain, suffering, emotional distress, loss of enjoyment of life | At-fault driver, if the threshold is met |
| Medical expenses above your PIP limit | At-fault driver |
| Wage loss above the monthly cap, or after three years | At-fault driver |
| Vehicle damage your insurance did not pay, up to $3,000 | Mini-tort claim against the at-fault driver |
| Losses above the other driver’s policy limit | Your own underinsured motorist coverage, if you have it |
The excess medical and wage claim does not require you to meet the serious impairment threshold. It matters most for people who chose a lower PIP level in 2020 or later, and for anyone whose income is above the monthly cap. See excess medical and wage claims. For how these pieces add up, see what a case is worth.
Comparative fault
If you share the blame, your damages are reduced by your percentage of fault. If you were more than 50% at fault, you cannot recover non-economic damages at all, although you may still recover economic losses reduced by your share. At exactly 50%, you recover half.
One rule is absolute. If you were driving your own vehicle without the no-fault insurance the law requires, you cannot recover damages from the other driver at all (MCL 500.3135(2)(c)). Fault arguments are common in left-turn, lane-change and intersection crashes. Michigan presumes the driver who rear-ends another vehicle was negligent (MCL 257.402), which helps in rear-end cases, though the driver can try to rebut it. More detail: comparative fault.
How much insurance stands behind the claim
For policies issued or renewed after July 1, 2020, Michigan’s default bodily injury liability limits are $250,000 per person and $500,000 per crash (MCL 500.3009). A driver can choose lower limits, but not below $50,000 per person and $100,000 per crash, and only by signing a form the state approves. Policies issued before July 2, 2020 could carry $20,000 and $40,000.
Those limits often decide how a case ends. We look for every other source: the vehicle owner, who is liable for a driver using the car with permission (MCL 257.401); an employer if the driver was working; a bar that over-served a drunk driver; and your own underinsured motorist coverage. See how much insurance the other driver has and uninsured and underinsured drivers.
Steps to take after a crash
- Call the police. Michigan requires drivers to report a crash that injures anyone, or causes $1,000 or more in property damage, to the police immediately (MCL 257.622). Get the report number.
- Get medical care the same day or the next. Gaps in treatment are the first thing an insurer uses to argue you were not badly hurt.
- Photograph everything. Vehicles, the road, skid marks, signals, your injuries, and the other driver’s license, plate and insurance card.
- Get names and numbers of witnesses. People leave the scene fast.
- Apply for PIP with your own insurer. Do it in writing well within one year.
- Do not give the other driver’s insurer a recorded statement. See what not to say to an adjuster.
- Keep a simple diary. Pain, sleep, missed work and events you could not attend. It becomes threshold evidence.
A fuller checklist is in the first 30 days after a crash.
Evidence that wins these cases
- Liability: police reports, crash data recorders, video from businesses, buses and traffic cameras, witness statements and phone records where distraction is suspected.
- Injury: imaging, specialist opinions and a clear record of how your life changed: work, family, sleep, the things you no longer do.
- Insurance: every policy that could pay, including the driver’s, the vehicle owner’s, an employer’s and your own underinsured coverage.
Business video is often recorded over within days. We send preservation letters early so that evidence is still there when it matters.
Deadlines
- Lawsuit against the at-fault driver: three years from the crash (MCL 600.5805(2)).
- No-fault notice: one year from the crash. Benefits can be recovered only for losses in the year before suit, though that period is tolled from a specific claim until the insurer formally denies it (MCL 500.3145).
- Government vehicles and road defects: written notice within months, not years. See government vehicle and road defect claims.
Enter your crash date in the deadline calculator to see each date.
How we work
Justin Grove handles your no-fault claim and the claim against the driver together, so the two do not undercut each other. We take injury cases on a contingency fee, explained on our fees page. Expect a straight read on the threshold, the coverage and the realistic range of outcomes. Some cases settle without a lawsuit; others need one. See how long a case takes and taxes and liens on settlements for what happens at the end.
Specific kinds of crashes
- Truck accidents
- Motorcycle accidents
- Pedestrians and cyclists
- Uber and Lyft accidents
- Hit-and-run crashes
- Drunk and impaired drivers
- Fatal crashes and wrongful death
Three years. You must file suit against the at-fault driver within three years of the crash (MCL 600.5805). Evidence such as video is often erased within days or weeks, so earlier is better.
Sources: MCL 500.3135; MCL 600.2959; MCL 500.3009; MCL 257.401; MCL 257.402; MCL 257.622; MCL 500.3145; MCL 600.5805; DIFS Bulletin 2026-20-INS.
Questions people ask us
How much is my Michigan car accident case worth?
It depends on the injury, the treatment, how it changes your daily life, what you lost in income, and how much insurance the at-fault driver carries. Anyone who gives you a number before reviewing your records is guessing.
How much insurance does the other driver have?
Michigan policies default to $250,000 per person and $500,000 per crash in bodily injury liability, but drivers can choose as little as $50,000 per person and $100,000 per crash by signing a state form. Your own uninsured and underinsured motorist coverage can fill the gap.
Can I still recover if I was partly at fault?
Yes, if you were 50% or less at fault; your award is reduced by your share. If you were more than 50% at fault, you cannot recover non-economic damages such as pain and suffering, although economic damages reduced by your share may remain.
Should I talk to the other driver’s insurance adjuster?
You do not have to. Their adjuster’s job is to pay as little as possible, and a recorded statement can be used against you. Let your lawyer handle that conversation.
Can I sue if I did not have insurance on my own car?
Usually not. Michigan law bars any damages for a person who was operating their own vehicle without the required no-fault insurance in effect. Passengers and pedestrians who did not own the uninsured vehicle are treated differently.