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Michigan Personal Injury Attorneys

What to Do After a Car Accident

Key Takeaways

  • What you do after a car accident in Michigan shapes what you recover.
  • Call 911 and report the crash to police.
  • Get medical care the same day, even if you feel fine.
  • Avoid admitting fault or giving a recorded statement.
  • File your no-fault PIP claim within the one-year deadline.
  • Serious injuries may also support a claim against the at-fault driver.

Most of the evidence behind a Michigan car accident claim comes from the first hours after the crash. You may be injured, unsure how badly, and already fielding a call from an adjuster before you have had time to think.

One early decision can reduce what the claim is worth. A recorded statement, an admission of fault, a skipped doctor visit, and a missed deadline all carry a cost. Michigan’s no-fault system adds a second layer because the insurer that pays your medical bills and lost wages is not always the one you expect.

Our attorneys at Harris Altman Injury Lawyers, PC, handle Michigan motor vehicle claims on both tracks: the no-fault personal injury protection (PIP) claim that covers medical care and wage loss, and the third-party claim against the at-fault driver when injuries qualify. We have handled roughly 10,000 cases, and one team runs both files from the first application forward, so neither claim stalls while the other moves.

What to Do at the Scene of a Michigan Car Accident

Michigan law requires drivers involved in an injury crash to stop at the scene. Once you are safe, the steps below protect both your health and the claim that follows.

  1. Check yourself and others for injuries, and call 911 if anyone is hurt.
  2. Move to a safe spot off the road if you can, and turn on your hazard lights.
  3. Exchange names, contact details, and insurance information, and keep the conversation to facts.
  4. Photograph the vehicles, the damage, the road, traffic signs, and any visible injuries.
  5. Collect the names and numbers of any witnesses, and note anything that suggests texting or distracted driving.
  6. If the other driver leaves before police arrive, report the hit-and-run crash to the responding officer right away.
  7. Contact an attorney before speaking with the other driver’s insurance company.

Why Reporting the Crash and Getting Same-Day Medical Care Protects Your Claim

Michigan’s crash reporting law requires the driver of a vehicle involved in a crash that injures or kills someone to report it immediately at the nearest police station or to the nearest police officer. The same duty applies when property damage reaches an apparent $1,000 or more.

The report records the date, location, drivers, and the officer’s account of the scene, and you will need a copy when you open an insurance claim.

Same-day medical care builds the other half of that record. Concussions and soft-tissue injuries often produce no clear symptoms for a day or more.

A record created that day documents the connection between the injury and the collision, which supports both the no-fault claim and any later case against the at-fault driver.

Why You File a PIP Claim First Under Michigan No-Fault

Michigan is a no-fault state, which means your auto insurance usually pays your medical bills and wage loss after a crash, regardless of who caused it. Michigan law sets an order of priority for which insurer handles those personal injury protection benefits, and for most drivers and passengers, that is their policy.

If you do not carry a policy of your own, coverage can come from a spouse’s insurer or from the insurer of a relative living in your household. When no policy at any of those levels applies, the claim generally goes through the Michigan Assigned Claims Plan.

Those benefits fall into a few core categories under MCL 500.3107:

  • Allowable expenses, meaning reasonable charges for medical care, rehabilitation, related services, and mileage to appointments
  • Wage loss, generally 85% of lost income for up to three years, subject to a monthly maximum that changes yearly
  • Replacement services for household tasks you can no longer perform, up to $20 per day for up to three years

Michigan’s no-fault act also provides survivor’s loss benefits to dependents when a crash is fatal.

A filing deadline applies to these benefits. Under MCL 500.3145, an action for PIP benefits must generally be brought within one year of the crash unless you gave the insurer written notice of the injury within that year or unless the insurer has already paid benefits on the claim.

Without one of those, a court can dismiss the claim as untimely. Providing written notice early is the simplest protection.

PIP is only one track. Under MCL 500.3135, you can also pursue the at-fault driver for pain and suffering when the injury amounts to death, permanent serious disfigurement, or serious impairment of body function.

What Not to Do After a Michigan Car Accident

Man receives a settlement check after a

A few early decisions carry a high cost. These are the ones most likely to reduce what you recover:

  • Admitting fault. Even a quick apology at the scene can give the other insurer something to use against you later.
  • Giving a recorded statement to the at-fault driver’s insurer before you understand your injuries. Some insurers use early statements to limit what they pay.
  • Signing a blanket medical authorization. A broad release can give an insurer access to your entire medical history.
  • Accepting a fast settlement before you know what your claim may be worth. An early offer may not reflect long-term medical costs or lost income.
  • Delaying or skipping medical care. A gap in treatment gives an insurer room to argue the injuries came from something other than the crash.
  • Posting about the crash on social media. An insurer can take comments and photos out of context.

When to Call a Michigan Car Accident Lawyer

A claim with clear fault, minor injuries, and prompt payment may never need a lawyer. These situations are different:

  • The other driver’s insurer disputes fault or blames you.
  • Your injuries are serious, contested, or still changing.
  • An insurer denies, underpays, or delays your PIP claim.
  • The adjuster presses you for a recorded statement or a quick settlement.
  • A filing deadline is close.

Deadlines are a common reason to call early because the two Michigan claims run on separate clocks. The PIP claim carries the one-year rule above. A lawsuit against the at-fault driver falls under the three-year period in MCL 600.5805, and Michigan courts almost always dismiss a case filed after that.

Running the PIP claim and the third-party case together keeps one set of facts, one medical record, and one strategy behind both. From our Bingham Farms office, our Michigan car accident lawyers handle the full claim, starting with the PIP application and continuing through any lawsuit against the at-fault driver.

Frequently Asked Questions About Car Accidents in Michigan

What Is the First Thing to Do After a Car Accident in Michigan?

Call 911, even when the injuries look minor. An officer who reaches the scene while it is intact can record road position, weather, debris, and witness accounts that nobody can reconstruct later. Emergency responders also create the first official record of the crash.

How Long Do I Have to File a No-Fault Claim in Michigan?

One year from the date of the crash. A separate one-year-back rule then limits recovery to losses incurred in the year before the case is filed, so benefits from earlier months can fall outside what a court will award even on a timely claim. Starting early protects more of the benefit.

What Should I Do If the Accident Was Not My Fault?

File your own no-fault PIP claim first because those benefits apply regardless of fault. Fault matters for the separate third-party claim against the other driver, which covers pain and suffering when the injuries are serious. Documenting the scene and your injuries supports both claims, whether or not fault is disputed.

Do I Need to Replace My Child’s Car Seat After a Crash?

Usually, yes. The National Highway Traffic Safety Administration calls for replacement after a moderate or severe crash and treats a crash as minor only when all five of its conditions apply, including no injuries, no air bag deployment, and no visible damage to the seat. Many manufacturers require replacement after any crash, so check the seat manual.

Get Your Michigan Car Accident Claim Reviewed Before the One-Year PIP Deadline

A recorded statement, a signed release, and an early settlement offer all tend to arrive before the medical picture is clear. We take those calls, open the PIP file, and track both filing deadlines while you focus on treatment. A free review can tell you which insurer is first in line for your PIP claim and whether your injuries reach the threshold for a claim against the at-fault driver.

Call 248-540-3100, or contact us to schedule a free consultation. You pay no attorney fee unless we recover compensation for you.

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Written By Bradley B. Harris

Founding Partner

Bradley B. Harris is a founding partner at Harris Altman, P.C., with nearly three decades of experience representing injured clients in complex personal injury and insurance disputes since being admitted to the Michigan bar in 1997. Recognized for his results-driven advocacy, he has secured numerous million-dollar recoveries and is particularly known for handling serious motor vehicle and traumatic brain injury cases. Mr. Harris holds an AV Preeminent® rating from Martindale-Hubbell and has been consistently selected to Super Lawyers (2012–present), including prior recognition as a Rising Star and among Michigan’s Top 100 Trial Lawyers. A cum laude graduate of the University of Detroit Mercy School of Law, he is widely regarded as a trusted advocate and authority in personal injury law.

Understanding Michigan Injury Law

We share practical legal information informed by our experience handling personal injury claims, helping readers better understand what to expect.