What to do if another driver ran a stop sign and hit your car — Michigan guide

Quick answer: Take care of your health first. Report the crash to police and your insurer. File a Michigan no-fault (PIP) claim with your own auto insurer for medical bills and lost wages. Preserve evidence and contact a lawyer if you have serious injuries, disputed fault, or if you want to pursue additional damages from the other driver. This is general information and not legal advice.

Detailed answer

1. Immediate steps at the scene and right after the crash

• Call 911 if anyone is hurt or if damage is significant. An officer’s crash report is key evidence.
• Get medical attention even if you feel fine. Some injuries show up later.
• Exchange contact and insurance information with the other driver. Note vehicle plates, make/model, and insurer name.
• Take photos and video of the scene, vehicle damage, road signs (including the stop sign), skid marks, and injuries. Photograph positions of cars and any traffic-control devices the other driver ignored.
• Collect witness names and phone numbers. Their statements can prove the other driver ran the stop sign.
• Do not admit fault or speculate about what happened. Keep your statements factual.

2. Michigan’s auto insurance framework — how no-fault affects claims

Michigan is a no-fault state for automobile-related injury claims. That means your own auto insurer initially pays Personal Injury Protection (PIP) benefits for medical bills, certain replacement services, and lost wages regardless of who caused the crash. See MCL 500.3105 for required PIP benefits: MCL 500.3105.

Because of the no-fault system, you typically file a PIP claim with your own insurer. Use your insurer’s claim number to track medical payments and reimbursements.

3. When you can sue the at-fault driver in Michigan

Under Michigan law you cannot recover non-economic damages (pain and suffering) from the at-fault driver unless you meet the serious impairment threshold. The statute that governs claims for serious impairment is MCL 500.3135: MCL 500.3135. If your injuries meet that statutory threshold, you may pursue additional damages against the at-fault driver’s liability policy for non-economic losses.

Even if non-economic damages are barred, you can seek economic losses such as excess medical expenses, future medical costs, and certain other losses above what PIP covers — depending on the circumstances and policy limits.

4. Elements of a negligence claim you (or your attorney) will need to prove

1. Duty: Drivers must follow traffic laws and drive safely. The Michigan Vehicle Code requires obedience to stop signs — see MCL 257.612: MCL 257.612.
2. Breach: Prove the other driver ran the stop sign or otherwise failed to exercise reasonable care.
3. Causation: Show the breach caused the collision and your injuries.
4. Damages: Document medical bills, lost wages, property damage, and (if threshold met) pain and suffering.

5. Evidence that strengthens your claim

• Police crash report that records the other driver ran the sign or cites them for a violation.
• Photos/video of the stop sign and the crash scene.
• Surveillance or dashcam footage, if available.
• Witness statements confirming the other driver ignored the stop sign.
• Medical records showing diagnosis, treatment, and prognosis.
• Repair estimates and receipts for property damage.

6. Deadlines — statute of limitations

In Michigan, most personal injury claims must be filed within three years from the date of the accident. See the statute of limitations for bodily injury claims at MCL 600.5805(10): MCL 600.5805. Missing this deadline can bar your lawsuit, so act promptly.

7. Insurance negotiations, settlement, and lawsuits

After you file a PIP claim with your insurer, you or your lawyer can demand payment from the at-fault driver’s liability insurer for property damage and for any allowed excess economic damages or (if qualified) non-economic damages. Insurers often try to settle early; do not sign releases without understanding whether they close out future medical claims. If negotiations fail, you can file a civil lawsuit in the appropriate Michigan court before the statute of limitations runs out.

8. When to hire an attorney

Consider consulting a lawyer if any of the following apply:

• You have serious or permanent injuries.
• Fault is disputed (the other driver denies running the stop sign).
• The insurer offers a low settlement; you expect future medical care.
• There are complex property damage or wage-loss claims.
• You want help navigating no-fault benefits, liens, or subrogation claims.

9. Practical timeline and next steps

1. Get medical care and keep records.
2. Report the crash to police and to your insurer right away.
3. Preserve evidence and gather witness info and photos.
4. File a PIP claim with your insurer and track payments.
5. If injuries are serious or benefits are denied, consult an attorney to evaluate whether you can sue the at-fault driver.
6. Be mindful of the three-year filing deadline for lawsuits.

Helpful hints

• Prioritize health. Insurance and lawsuits can wait; untreated injuries can get worse.
• Keep an organized folder (digital or paper) with police reports, medical records, bills, receipts, photos, and correspondence with insurers.
• Take photos immediately; scenes change and evidence is lost.
• Never sign a full release or give a recorded statement to the other driver’s insurer without understanding the implications. Consult an attorney if unsure.
• If the other driver admits they ran the stop sign, try to get that admission in writing or recorded on the police report or a witness statement.
• Even if the other driver was clearly at fault, Michigan’s no-fault rules mean your own PIP benefits are often the fastest route to cover medical costs.
• Act quickly. File insurance claims early and consult counsel before deadlines are near.

Disclaimer: This article explains general Michigan law information only. It is not legal advice and does not create an attorney-client relationship. Laws change and every case is different. For advice about your exact situation, consult a licensed Michigan attorney.