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Injured in a car accident in Michigan? Below are straight answers to the questions we hear most from Metro Detroit drivers about no-fault insurance, your benefits, and when you can sue. This is general information, not legal advice, and every case is different. For help with your specific situation, call Somberg Law at (248) 270-5979 for a free consultation.
Written and reviewed by Nicholas Somberg, founding attorney at Somberg Law, PLLC in Bingham Farms, Michigan. Licensed by the State Bar of Michigan. Last updated July 31, 2026.
Is Michigan a no-fault state?
Yes. Michigan uses a no-fault car insurance system. After most crashes, your own auto insurer pays your accident-related medical bills and certain other benefits, called PIP or Personal Injury Protection, no matter who caused the accident. Separately, you may still be able to sue the at-fault driver for pain and suffering if your injuries meet a legal threshold.
What does no-fault or PIP insurance pay after a Michigan car accident?
PIP benefits can include reasonable and necessary medical care related to the crash, a portion of lost wages for up to three years, replacement services for tasks you can no longer do yourself, and attendant care or mileage in some cases. Wage loss and several benefits are subject to caps and time limits set by law, and your medical coverage depends on the PIP level you chose on your policy.
Can I sue the other driver after a car accident in Michigan?
Sometimes. Michigan’s no-fault law generally limits lawsuits for pain and suffering to cases where the injured person died, suffered permanent serious disfigurement, or suffered a serious impairment of body function. If your injuries meet that threshold, you may bring a third-party claim against the at-fault driver for noneconomic damages and certain losses not paid by no-fault. An attorney can review whether your injuries qualify.
Not sure if your injuries qualify? Answer four quick questions and get a free case review from Somberg Law. Start your free case review.
What is the mini tort in Michigan?
The mini tort is a limited claim that lets you recover a capped amount of vehicle damage that your own insurance did not cover, such as your collision deductible, from the at-fault driver. Michigan’s 2019 no-fault reform raised this limit, and for accidents after July 1, 2020 it is up to 3,000 dollars. It applies to vehicle damage, not to injuries.
How long do I have to file a car accident claim in Michigan?
Deadlines are strict and depend on the type of claim. A lawsuit against an at-fault driver for injuries generally must be filed within three years of the injury, which in most crashes is the accident date. For no-fault or PIP benefits, you generally must give the insurer written notice within one year of the crash unless it has already paid benefits, and a one-year-back rule limits how far back you can recover past expenses. Because missing a deadline can bar your claim, it is important to speak with a lawyer promptly.
What changed with Michigan’s 2019 no-fault reform?
For policies issued or renewed after July 1, 2020, Michigan drivers choose their level of PIP medical coverage instead of receiving unlimited coverage automatically. The options range from unlimited coverage down to lower limits, with some choices available only to people who have other qualifying coverage such as Medicare or Medicaid. If no valid choice is made, the policy defaults to unlimited PIP medical coverage. The reform also changed how medical providers are paid and raised the mini tort limit. The right choice depends on your health insurance and personal situation.
What if the accident was partly my fault?
Michigan uses comparative fault. If you were partly to blame, your recovery for economic damages can be reduced by your percentage of fault. For pain and suffering, or noneconomic damages, you generally cannot recover at all if you were more than 50 percent at fault. Fault is often disputed, so it is worth having a lawyer review the facts of the crash.
What if the other driver had no insurance or left the scene?
You may still have options. Your own no-fault or PIP benefits generally still apply to your injuries. If you carry uninsured or underinsured motorist coverage, it can help with losses when the at-fault driver has no insurance or too little. Hit-and-run cases have specific steps and deadlines, so it is best to contact a lawyer quickly.
How much does a car accident lawyer cost in Michigan?
Most Michigan personal injury lawyers, including Somberg Law, work on a contingency fee. That means you pay no attorney fee up front, and the firm is paid a percentage only if it recovers money for you. The consultation is free, so you can learn where you stand at no cost.
Do I need a lawyer for a car accident claim?
You are not required to have one, but insurance companies have adjusters and lawyers working to limit what they pay. An attorney can handle the no-fault paperwork, document the value of your claim, deal with the insurers, and pursue the at-fault driver if your injuries qualify. Somberg Law offers a free case review to explain your options.
Talk to a Michigan car accident attorney
If you were hurt in a crash anywhere in Oakland County or Metro Detroit, Nicholas Somberg can review your case, handle the insurance companies, and explain your options. Call (248) 270-5979, or start a free case review.
Legal sources
This page summarizes Michigan law under the Michigan Compiled Laws, including the no-fault act (MCL 500.3101 et seq.), the tort-liability threshold and mini tort (MCL 500.3135), the PIP notice and one-year-back rule (MCL 500.3145), allowable expenses and work loss (MCL 500.3107 and 500.3108), the PIP coverage-level choice (MCL 500.3107c), and the injury statute of limitations (MCL 600.5805).
Attorney Advertising. This page is general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case is different, so consult a licensed attorney about your situation.
