What to Do After a Car Accident in Michigan: No-Fault

A Michigan crash is really two cases, not one. There's the claim with your own insurer for your medical bills and wages, and there's the separate question of whether you can go after the other driver. Most people only learn the difference after they've already said the wrong thing to an adjuster. Here's how to protect your health and your claim from minute one. (If you're hurt, start with our personal injury practice.)

First, get safe and get it on the record

Check for injuries and call 911. If the cars are drivable and it's safe, move them out of traffic. Then do the part that protects your claim later:

• Get a police report. Officers don't always come to minor crashes, but a report is the official record of what happened. Ask how to obtain a copy.
• Photograph everything — all vehicles, the damage, the road, signage, skid marks, and the other plate. More is better.
• Exchange names, license, plate, and insurance info. Get names and numbers for any witnesses before they drive off.

Say as little as possible about fault at the scene. "I'm sorry" feels polite; it gets quoted back to you.

See a doctor today — even if you feel fine

Adrenaline hides injuries. Soft-tissue and internal injuries often show up a day or two later. Getting checked the same day does two things: it protects your health, and it ties your injuries to the crash. A gap between the accident and your first treatment is the first thing an insurer uses to argue you "weren't really hurt."

How Michigan No-Fault actually works

Michigan is a no-fault state. That means you file first with your own auto insurer for Personal Injury Protection (PIP) benefits — medical care, a portion of lost wages, and attendant care — no matter who caused the crash. (See the No-Fault Act, MCL 500.3101, and PIP coverage at MCL 500.3105.)

Since Michigan's 2019 reform, drivers choose a PIP medical coverage level, so what you can recover depends on the option you picked. Report the crash to your insurer right away and open the PIP claim.

The deadlines that quietly kill claims

This is where good cases die — not on the facts, but on the calendar. The big ones:

• One year to file your PIP application. You generally have one year from the date of the crash to apply for no-fault benefits (MCL 500.3145). Miss it and the benefits can be lost.
• The "one-year-back" rule. Even with an open claim, you generally can't recover any expense incurred more than one year before you file suit (MCL 500.3145). Old bills fall off the back end.
• Three years to sue the at-fault driver. A claim against the other driver for your injuries generally must be filed within three years (MCL 600.5805).
• $3,000 mini-tort for vehicle damage. You can recover up to $3,000 from the at-fault driver for vehicle damage your own coverage didn't pay (MCL 500.3135).

The safest move is to treat the clock as already running the day of the crash.

When you can sue the at-fault driver

No-fault covers your bills, but it doesn't pay for pain and suffering. To bring that kind of claim against the other driver, Michigan requires that you crossed a threshold: death, permanent serious disfigurement, or a "serious impairment of body function" (MCL 500.3135). And Michigan uses comparative fault — if you're found more than 50% at fault, you can't recover noneconomic damages at all. Whether your injury clears the threshold is a fact fight, and it's exactly the kind of thing worth a lawyer's read before you accept any number.

What not to say to the adjuster

Even your own insurer's adjuster is measuring how little they can pay. Before you give any statement:

• Don't agree to a recorded statement without advice.
• Don't say you feel "fine" or "okay" — you may not know yet.
• Don't guess about speeds, distances, or fault.
• Don't sign a blanket release for all your medical records.

You have to report the crash and cooperate. You don't have to hand them the case.

When to call ELN

If you were hurt, if an adjuster is pushing for a recorded statement, or if you're staring at one of those deadlines, talk to someone who does this for a living before you sign anything. ELN can open and protect your no-fault claim, deal with the adjusters, and tell you straight whether your injury clears the threshold to go after the at-fault driver. Schedule a free case review or learn more about our personal injury practice.

You Call You Win.