Detailed Answer: Step-by-step — How to file a claim after a truck hit you in Michigan
This guide explains, in plain language, what to do after a crash with a truck, how Michigan’s auto insurance and tort rules usually work, and the practical steps to protect your right to compensation. This is educational only and not legal advice (see disclaimer at the end).
1) Immediate actions at the scene and right after the crash
- Call 911 and get medical attention. Your health comes first. A medical record created right after the crash is important evidence.
- Report the crash to police and get the police report number.
- Collect information: truck company name, USDOT number (on the truck), driver’s name and license, license plate, insurer name if available, and contact info for witnesses.
- Take photos and video of vehicles, skid marks, road signs, traffic signals, your injuries, and the scene. Preserve any physical evidence (clothing, damaged items).
2) Michigan’s no‑fault system — file a Personal Injury Protection (PIP) claim with your own insurer
Michigan has a no‑fault auto insurance system. You generally file for Personal Injury Protection (PIP) benefits through your own auto insurer (or the insurer of a household member or the vehicle you were occupying). PIP covers reasonable medical expenses, wage loss, replacement services, and other statutory benefits regardless of who caused the crash. You should notify and file a PIP claim with your own insurer as soon as possible after the accident.
For an overview of the no‑fault framework see MCL 500.3101 et seq.: MCL 500.3101.
3) When you can bring a third‑party (tort) claim against the truck driver or company
Because Michigan primarily uses no‑fault benefits for initial medical and wage losses, your ability to sue the truck driver or trucking company for pain and suffering (non‑economic loss) is typically limited. Under Michigan law you may bring a third‑party negligence claim for noneconomic damages only if you suffered a “serious impairment of body function” (SIBF) or in the event of death. If you meet that statutory threshold, you can pursue a tort case against the at‑fault driver and potentially the trucking company.
The statute limiting recovery for non‑economic loss is available at MCL 500.3135.
4) Where truck‑specific liability can come from
- Driver negligence: careless speed, distracted driving, impaired driving, improper lane changes.
- Vicarious/employer liability: the trucking company can be responsible for acts by its employee driver while on the job (respondeat superior).
- Direct company negligence: negligent hiring, retention, supervision, or vehicle maintenance.
- Regulatory violations: trucking companies and drivers must follow Federal Motor Carrier Safety Administration (FMCSA) rules; violations (logbook falsification, hours‑of‑service violations, maintenance failures) can support your negligence claim. FMCSA rules: FMCSA regulations.
5) Typical timeline and legal deadlines
Most personal injury claims in Michigan must be filed within 3 years of the injury or date of the crash. That deadline is set by Michigan’s statute of limitations for bodily‑injury claims: MCL 600.5805(2). If a government vehicle or entity is involved, special shorter notice requirements may apply—act sooner.
6) Practical steps to preserve and prepare a claim
- Seek and follow medical treatment. Keep all records, bills, and receipts.
- File your PIP claim with your insurer promptly and cooperate with reasonable requests for documentation.
- Get the police report and write down witness names and statements while memories are fresh.
- Send an evidence‑preservation or spoliation letter (usually through an attorney) to the truck company and its insurer asking them to preserve logbooks, ELD data, driver qualification files, maintenance records, company incident reports, GPS and dashcam footage.
- Obtain your own copies of medical records and employment records showing lost wages.
7) If you meet the threshold — how a third‑party claim usually proceeds
If your injuries meet the SIBF threshold (or you otherwise can file a tort claim), the usual path is:
- Investigation: collect evidence from the truck, driver, company, and scene.
- Demand package: send a written demand for settlement, including medical records and demands for damages.
- Negotiations and mediation: many cases settle before lawsuit; trucking companies often have experienced defense counsel.
- Filing a lawsuit: if no settlement, file a complaint in civil court and proceed through discovery and possibly trial.
During this process you will document economic losses (medical bills, future care, lost wages) and, if eligible, noneconomic losses (pain and suffering) and any other recoverable costs (property damage, out‑of‑pocket expenses).
8) Uninsured and underinsured motorist (UM/UIM) coverage
If the at‑fault truck driver lacks sufficient insurance, your UM/UIM coverage (if you or the vehicle owner purchased it) may be available. Michigan’s UM/UIM rules are part of the no‑fault framework; review your policy and contact your insurer promptly.
9) Evidence that often makes a big difference in truck cases
Key items include the police crash report, truck dashcam or surveillance video, ELD (electronic logging device) and driver logs, maintenance and inspection records, driver hire file (background, drug testing), witness statements, and medical documentation tying your injuries to the crash.
10) Practical tips on hiring legal help
Trucking companies and their insurers typically have experienced defense attorneys and investigators. Consult a lawyer experienced in Michigan vehicle‑crash and commercial trucking claims early—especially if your injuries are serious. Many injury attorneys offer free consultations and work on contingency (they take a percentage if you recover). An attorney can help with deadlines, evidence preservation, and estimating long‑term damages.
Summary checklist
- Get medical care and document injuries.
- Report and preserve evidence (photos, police report, witness info).
- File PIP benefits with your insurer promptly (no‑fault benefits).
- Preserve trucking evidence (ELD, dashcam, logs, maintenance records).
- Watch the 3‑year statute of limitations: MCL 600.5805(2).
- If injuries meet the serious‑impairment standard, consider a third‑party lawsuit: MCL 500.3135.
- Speak with an experienced attorney early.
Helpful Hints
- Get medical records early — gaps in treatment weaken claims.
- Do not admit fault at the scene; give facts to police but avoid apologies that could be treated as admissions.
- Keep a written injury diary (pain levels, limitations, medication). This can help show ongoing loss.
- Preserve vehicle damage photos and repair estimates.
- Request a copy of the police crash report as soon as it’s available.
- Ask your insurer for a written explanation of what your PIP covers and how to submit bills.
- If the truck is from a commercial carrier, record the carrier name and USDOT number from the truck — this helps locate the carrier’s insurance carrier.
- Consider sending a preservation letter to the truck company and insurer as soon as possible to protect evidence; an attorney can send this letter for you.
- Document lost wages with employer statements and pay stubs; document anticipated future care with medical opinions.