Imagine you are driving home on a snowy Michigan evening. Another car slides through an intersection and crashes into you. You are shaken up, your car is totaled, and you are facing weeks of medical appointments. Then a thought pops into your head. Michigan is a no fault state, so does that mean you cannot sue the other driver? The answer is not as simple as yes or no.
Michigan’s no fault system is designed to provide quick access to certain benefits regardless of who caused the crash. But that does not mean every right to sue disappears. There are circumstances where a lawsuit is possible, and in some cases, necessary to recover what you truly deserve.
If you or a loved one has been injured in a Michigan car accident and you are unsure of your options, reach out to the Law Office of James Fillmore for a free consultation. Our team can review your situation and guide you through the next steps.
How Michigan’s No Fault Insurance Works
Michigan is known for having one of the most unique auto insurance systems in the country. The no fault rules require drivers to carry personal injury protection, often called PIP coverage. This insurance pays for medical expenses, lost wages for up to three years, and certain replacement services like help around the house. The benefit is that you receive these payments no matter who caused the accident.
The goal of this system is to reduce endless battles over fault for minor accidents and ensure that medical care and essential bills are covered quickly. For many people involved in smaller crashes, the no fault benefits are enough to get back on their feet. But for others, the situation is far more complicated.
Limits of No Fault Coverage and When Suing Becomes Possible
The no fault system does not cover everything. If your injuries are life changing, the benefits may fall short. For example, no fault does not compensate you for pain and suffering or for long term loss of quality of life. It also does not always cover the full cost of ongoing medical care, especially in severe cases.
Michigan law recognizes these gaps. That is why you can step outside of the no fault system and file a lawsuit against the at fault driver if your injuries meet certain legal thresholds. These thresholds are meant to limit lawsuits to the most serious cases while still protecting the rights of people who suffer major harm.
The situations where you may be able to sue include:
- Serious impairment of body function, such as injuries that significantly affect your ability to live a normal life.
- Permanent serious disfigurement, which may include visible scars or other lasting physical changes.
- Wrongful death claims brought by family members when a loved one dies in a crash.
- Property damage lawsuits under Michigan’s mini tort law when your vehicle damage is not fully covered by insurance.
What Counts as a Serious Impairment of Body Function
One of the most common questions accident victims have is whether their injuries meet the legal definition of serious impairment. The courts in Michigan have developed standards for this. In plain terms, it means an injury that changes your ability to live your life in a normal way.
Examples might include broken bones that limit your ability to walk, spinal cord injuries that affect mobility, traumatic brain injuries that impact memory and thinking, or chronic pain that makes it impossible to work or care for your family. Not every injury will qualify. For example, sprains or minor whiplash often do not rise to the level of serious impairment.
Because the line is not always clear, it is important to have an experienced attorney review your case. A lawyer can gather medical records, consult with experts, and build the evidence needed to prove that your injuries meet the legal threshold for a lawsuit.
Why Legal Guidance is Essential in a No Fault State
Michigan’s no fault laws are complex, and insurance companies know how to use that complexity to their advantage. Adjusters may argue that your injuries are not severe enough to sue or that your no fault benefits are all you are entitled to. They may offer quick settlements that seem tempting but fall far short of what you will need in the future.
Having a knowledgeable Michigan car accident attorney by your side makes a significant difference. An attorney can explain your rights in clear terms, push back against insurance company tactics, and take your case to court if necessary. At the Law Office of James Fillmore, our personal injury lawyers focus on protecting injured drivers and their families so they can focus on healing.
Do Not Assume You Cannot Sue After a Michigan Car Accident
Being in a car accident is stressful enough without having to untangle confusing insurance rules. Michigan’s no fault system covers important expenses, but it does not close the door on lawsuits. If you suffered a serious impairment, permanent disfigurement, or lost a loved one, you may have the right to take legal action against the at fault driver.
Do not make assumptions about what you can or cannot recover. Talk to someone who knows the law and can give you honest guidance. Contact the Law Office of James Fillmore today for a free consultation. We are here to answer your questions, evaluate your claim, and fight for the compensation you deserve.
