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Free · 6 questions · Michigan

Can you make a claim against the driver who hit you?

In Michigan there are actually two different claims — and most people never hear about the second one. Answer six questions and see which might apply to you. Nothing is submitted, and there's no form to fill out.

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0 of 6 answered

1. Who caused the crash?

Your best understanding. Fault is often disputed, and a police report isn't the final word.

2. When did the crash happen?

Michigan has deadlines, and some are much shorter than people expect.

3. What happened to you medically?

Pick whichever is closest.

4. Has the injury changed what you can do day to day?

Work, driving, sleeping, lifting your kids, hobbies — how you actually live now compared to before.

5. Are your medical bills more than your car insurance will cover?

Since 2020, Michigan drivers pick how much medical coverage to buy — and many picked a limit without realizing it.

6. Have you lost income?

Your own insurance pays part of lost wages — but only up to a monthly cap, and only for three years.

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Plain English

The two claims, explained

Claim 1: Pain and suffering

Michigan only lets you sue the other driver for pain and suffering if the crash caused death, permanent serious scarring, or what the law calls a serious impairment of an important body function. In everyday terms, that last one means three things together:

Something real, not just reported painAn injury a doctor can point to — imaging, a fracture, surgery, documented findings.
Affecting something that matters to youThe law asks what that body function meant in your life, so it's individual, not a fixed list.
Changing how you liveYour normal life before, compared to after. It doesn't have to be permanent, and there's no set percentage.
Why documentation decides these cases: two people with nearly identical MRIs can end up on opposite sides of this line, depending on what the record shows about how their lives changed. That record gets built in the months after a crash — by your doctors, your employer, your family. It's very hard to reconstruct later.

Claim 2: Bills your own insurance won't cover

This is the one almost nobody hears about — and it doesn't require meeting the serious injury test above.

Your own car insurance pays your medical bills and part of your lost wages, no matter who caused the crash. But only up to your limits. Whatever falls outside them may be recoverable from the driver who hit you:

Medical bills above your limitIf you carry $250,000 and your bills reach $400,000, that difference is a claim.
Lost wages above the monthly capYour insurance pays 85% of wages up to a monthly maximum. Earn more, and you lose money every month.
Lost wages after three yearsYour own insurance stops paying wage loss at three years. If you still can't work, that's a claim.
Household help after three yearsThe same three-year wall applies to help around the house.
Why this matters more every year: before July 2020, every Michigan policy had unlimited medical coverage, so this rarely came up. Now that drivers can choose $250,000, $50,000, or nothing at all, a serious injury can blow past coverage — and a growing number of injured people have a real claim nobody has mentioned to them. If your coverage is running out, that's a reason to call someone, not a reason to give up.

Common questions

Questions people ask

Can I sue the other driver in Michigan?
For pain and suffering, only if the crash caused death, permanent serious scarring, or a serious impairment of an important body function. Separately, you may be able to recover losses beyond your own coverage — medical bills over your limit, wages over the monthly cap or past three years — without meeting that test. Two different claims, two different rules.
My injuries seem minor. Is it worth calling?
Often yes. What seems minor at week three sometimes isn't at month six, and the legal test looks at how your life changed over time, not at first impressions. Even if that test isn't met, you may have a claim for bills beyond your coverage — plus Michigan's mini tort lets you recover up to $3,000 for vehicle damage regardless of injuries. The call is free.
What if the other driver had no insurance?
Your own policy may include uninsured or underinsured motorist coverage, which is often the real source of recovery when the other driver has nothing or carries minimum limits. Those claims run on your policy's own rules, sometimes with deadlines shorter than the state's. Find your declarations page and have someone read it.
Does it cost anything to find out?
No. Consultations are free, and personal injury cases are handled on contingency — no attorney fee unless there's a recovery. The percentage is set in writing and governed by Michigan court rule.
I might be partly at fault. Does that end it?
Not necessarily. More than 50% at fault generally bars pain and suffering damages. At 50% or less, damages are usually reduced in proportion to fault. And your own insurance benefits are paid no matter who caused the crash. Fault is also frequently disputed.
What should I bring to a consultation?
The police report or its number, your insurance declarations page, anything either insurance company has sent you, a list of your doctors, and pay information if you've missed work. Don't have it all? Come anyway — we can get most of it.

Two claims. Most people are told about neither.

A free consultation will tell you whether you have a case, whether bills beyond your coverage can be recovered, and whether your own policy has coverage you didn't know about. No fee unless we recover for you.

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