Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Michigan uses a no-fault auto insurance system. Your own Personal Injury Protection (PIP) coverage pays first, regardless of who caused the crash. You can only pursue the at-fault driver’s insurer for additional damages if your injuries meet the serious impairment threshold defined in Michigan Compiled Laws Section 500.3135. See the full statute here: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-500-3135.
To ensure the at-fault insurer accepts liability, follow these steps:
- Document the Crash Scene Promptly Gather photographs, videos, and the police report. Record weather, road conditions, vehicle damage, and positions.
- Seek Immediate Medical Care Always see a qualified medical provider within days of the accident. Timely records link your injuries to the crash.
- Compile Medical Records and Bills Request copies of all treatment records, diagnostic tests, and invoices. Include records of lost wages, rehabilitation, and prescription costs.
- Prepare a Detailed Demand Letter Outline the facts, injuries, and legal basis for liability. Cite the serious impairment threshold under MCL 500.3135. Attach copies of medical records, bills, and the police report.
- Send via Certified Mail or Courier Deliver your demand package to the at-fault insurer’s claims department. Certified mail establishes a clear proof of delivery date.
- Allow Adequate Response Time Under Michigan law, insurers must handle claims with reasonable promptness. If they acknowledge and accept liability, you can settle. If they dispute, they must provide reasons.
- File Suit Before the Statute of Limitations If liability remains denied, file a lawsuit within three years of the crash. See MCL 600.5805 here: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-600-5805.
If the insurer still refuses to accept liability, consider hiring an attorney. An experienced attorney can negotiate with the insurer, gather additional evidence, and represent you in court if needed.
Helpful Hints
- Keep a Crash Journal Log symptoms, medical appointments, and out-of-pocket costs.
- Get Witness Statements Obtain contact information and signed statements from anyone who saw the accident.
- Notify Your Insurer File your PIP claim promptly under MCL 500.3101: https://www.legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-500-3101.
- Preserve Evidence Maintain photos of your injuries as they heal to show progression.
- Stay Organized Use a folder or digital file for all correspondence with insurers, doctors, and repair shops.
- Avoid Recorded Statements without Counsel Insurers may use recorded statements against you. Consult an attorney first.