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The Seriously Injured

Can I sue the at-fault driver after a car accident in Michigan?

On Behalf of | Sep 26, 2025 | Car Accidents |

After a car crash in Michigan, you might find yourself sitting in a hospital room or at home sorting through bills, insurance forms and missed work shifts. Your recovery could compete with phone calls, paperwork and uncertainty about what happens next.

Michigan’s auto insurance rules may help frame your choices, but they might feel confusing. By learning where your coverage starts and where other claims might fit, you can gain clearer options for moving forward.

Understanding Michigan’s no-fault insurance system and its limits

Michigan uses a no-fault model. Under this system, your own policy can pay for medical treatment, wage loss and replacement services through personal injury protection, called PIP. These benefits can cover treatment, income loss for up to three years and help with daily tasks, subject to your selections. You can choose a medical PIP limit, which can range from set caps to unlimited coverage.

At the same time, you may still pursue the at-fault driver when losses fall outside PIP. Michigan law limits fault lawsuits but may allow claims for noneconomic loss after you meet the injury threshold and recovery for excess economic loss above your PIP limits.

Meeting the serious injury threshold and its impact on your right to sue

Michigan law sets a threshold for pain and suffering. You may qualify when the crash results in death, permanent serious disfigurement or a serious impairment of a bodily function.

The statute defines serious impairment as an objectively shown injury that affects an important body function and changes your general ability to live your normal life. Additionally, Michigan follows a comparative fault rule, which means each party’s share of blame reduces their possible recovery. If you hold more than 50% of the fault for the crash, you may lose the right to recover certain damages.

Recovering different types of damages after a crash

Once you meet the serious injury threshold, you can pursue damages that your PIP benefits do not cover. These damages may include:

  • Paying excess medical costs above your PIP limit
  • Replacing lost income beyond no-fault benefits
  • Seeking pain and suffering damages when the threshold applies
  • Filing a mini-tort claim for up to $3,000 in vehicle damage not covered by your insurance

A mini-tort claim is Michigan’s small fault-based remedy for vehicle damage. It allows you to seek out-of-pocket repair costs from the at-fault driver when your own collision coverage does not pay and you hold less than 50% of the blame.

Working with a managing partner to protect your claim

During recovery, you may face deadlines, disputed fault and strict insurance limits at the same time. A managing partner can guide the legal plan, assign the right staff and keep your case on track under Michigan’s rules. This partnership helps you collect records, meet time limits and review settlement offers without delays.

Taking the next step with clarity

Michigan’s no-fault rules narrow lawsuits but still leave room to act. Now that you know what the serious injury threshold means and which losses may fall outside your PIP coverage, you can start gathering records, documenting costs and planning your claim strategy. If you want experienced guidance through that process, you can contact Holmes & Wiseley for a free consultation.

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