Michigan car accidents happen without warning. You could be driving north on M-63, hurrying to get home before your kids are out of school, when another motorist does an unsafe lane change and crashes into you, sending you off the roadway. At the hospital, a medical examination confirms that you fractured your left arm and suffered a concussion.
Michigan is a no-fault insurance state for car accidents, so your own insurance company is normally responsible for covering your medical bills, lost wages, and most other damages. But that doesn’t mean you should blindly assume they’ll pay: insurance companies are first and foremost a business, and minimizing or denying claims is part of how they stay profitable. In this guide, we’ll outline what to do after a car accident in Michigan, so you can protect your right to maximum compensation.
What to Do After a Car Accident
Car accidents can be terrifying and chaotic, but it’s important to think clearly. Anything you say or do in the aftermath can impact your claim, so stay calm and follow these steps to the best of your ability.
Secure the Safety of Everyone Involved and Call 911
Safety is your first priority after a collision. If your car is still operable and you can do so safely, drive it to the shoulder or a nearby parking lot to avoid oncoming traffic. This is especially critical on busy stretches like I-94, I-131, I-196, US-12, and M-63, where cars travel at high speeds.
Once you’re out of the flow of traffic, turn on your hazard lights and call 911. If you can’t move the vehicle or you’re too injured to operate it, turn on your hazard lights and call emergency services. Make the call even if the other driver begs you not to involve the police: under MCL 257.622, you are required to immediately report any motor vehicle collision involving death, injury, or property damage exceeding $1,000.
While you’re waiting for the police and an ambulance, check yourself and your passengers for bleeding, bruising, or signs of shock. If anyone is visibly injured, tell them to stay still until paramedics arrive. It’s a good idea to limit movement as much as possible anyway, as high adrenaline levels can mask the symptoms of injuries like whiplash, concussions, and internal bleeding.
Gather Evidence and Witness Statements
When the police arrive, they’ll take witness statements, but it’s always a good idea to speak to any bystanders yourself. After exchanging license and insurance information with the at-fault driver, approach (if possible) any stopped motorists or pedestrians who saw what happened. Ask for their full names and the best way to reach them, as they can provide an impartial account of the crash later on. This is important because witnesses sometimes leave the scene before the police arrive or are simply not interviewed by the police even when they remain on scene.
While you wait for the tow truck, use your phone to document the accident scene. Take wide photos of the entire intersection or stretch of road to show skid marks, broken glass, and the license plates and position of the vehicles. You should also:
- Capture the weather and road conditions, like ice patches or standing water.
- Photograph the damage to every vehicle involved, focusing on where the impact occurred.
- Speak to the police officers before they leave and ask for a copy of the police report.
Don’t forget to take photos of your own injuries, like cuts or bruising, immediately after the wreck. These images can serve as compelling proof when you file your insurance claim, as photo and video evidence is hard to refute.
Get Medical Care and File an Insurance Claim
See a doctor even if you think you’re fine. As we mentioned earlier, a post-accident adrenaline rush can conceal the symptoms of serious injuries like concussions, internal bleeding, and even organ damage. The insurance company will also look for any evidence that you weren’t hurt in the collision, so don’t wait too long to go to an urgent care center or the emergency room. A prompt evaluation will create a medical record tying your condition to the car accident.
Once you receive medical treatment, you must notify your own auto insurance company about the wreck. You will notify them to get your vehicle repaired or replaced (assuming you have collision coverage), and to start a claim for your No-Fault benefits (such as payment of medical bills and work loss).
Call a Personal Injury Attorney
After a car accident in Michigan, an experienced car accident lawyer can help protect your rights. Michigan’s no-fault insurance system has particular rules about Personal Injury Protection (PIP) benefits, when you can sue an at-fault driver, and what damages you can recover. Without legal representation, you might accept a settlement that doesn’t cover your medical expenses, lost wages, or future needs, or miss important filing deadlines.
A Michigan car accident lawyer handles negotiations while you recover. They gather evidence, communicate with insurers and medical providers, and guide all discussions toward a fair settlement. If negotiations fail, your lawyer can take your case to court and fight for fair compensation. These are all steps that are difficult (if not impossible) to handle on your own, especially after a serious injury, so a good attorney is your ally in recovery.
Here’s What You DON’T Want to Do After a Car Accident
Your actions at the auto accident scene can be just as important to your personal injury claim as the evidence you collect. No matter how intense things become, avoid the steps below.
Get Angry
While it’s natural to feel angry or shaken, you must stay calm. Do not yell at the other driver or engage in a confrontation. If you act aggressively, it could appear in the police report and hurt your credibility, so refrain from accusations and keep your interactions with the other motorist to a minimum.
Admit Fault
One of the biggest mistakes you can make is admitting fault. Even a simple “I’m sorry” can be interpreted as a confession that you caused the accident. You may even think that you did, but you may be wrong: factors like mechanical failure, poor road maintenance, or the other driver’s speeding could be the real reason for the collision. Let the investigators uncover the truth while you get your injuries taken care of.
Speak to the At-Fault Driver’s Auto Insurance Provider
Although Michigan is a no-fault insurance state, you may hear from the at-fault driver’s insurance company after the accident. While your own insurance usually pays for your medical expenses and lost wages, it doesn’t cover your pain and suffering or the full cost of your vehicle repairs. Note: Michigan’s Mini-Tort law lets you collect up to $3,000 from the at-fault driver to cover your car insurance deductible.
Insurance adjusters for the at-fault driver will act friendly to make you feel like they’re on your side, but their goal is to get you to agree to a recorded statement. They use these recordings to find contradictions in your story or to trick you into saying your injuries aren’t severe. If you give a statement before you know the full extent of your medical needs, you might accidentally give up your right to future payment. Tell them to speak with your personal injury lawyer and end the call.
Your Rights Under Michigan No-Fault Law
Michigan’s no-fault system ensures that you have access to financial compensation regardless of who caused the wreck. These benefits, which usually come from your own insurance policy and fall under Personal Injury Protection, or PIP, include more than just your medical expenses. You may be able to claim:
- Wage Loss: If your injuries prevent you from working, your insurer must pay 85% of your gross income for up to three years.
- Replacement Services: You can receive up to $20 per day to pay someone for help with chores you can no longer do, such as laundry, mowing the lawn, or taking out the trash.
- Attendant Care: If you need help with daily tasks like bathing or dressing, your insurance covers the cost of a nurse or even a family member who provides that care.
- Medical Mileage: The insurance company must reimburse you for the cost of driving to and from your doctor appointments and physical therapy sessions.
If you don’t have your own auto insurance, you might wonder who pays for your medical care. Michigan uses an “Order of Priority” to decide which company is responsible. Usually, the first source of insurance coverage is your own policy. If you aren’t a named insured, the next source is the policy of a spouse or a relative who lives in your home. If no one in your household has insurance, your claim goes through the Michigan Assigned Claims Plan. This program assigns your case to an insurance company so you still get the care you need.
Why You Should Hire a Dedicated Michigan Car Accident Lawyer
You see the commercials for “big box” law firms every time you turn on the television. These national firms spend millions of dollars making you believe they are the only ones who can win your case. In reality, these firms often operate like factories. When you call their toll-free number, you likely talk to a call center worker in another state rather than an attorney. Your file becomes a number in a database, and you might never meet the person who is supposedly fighting for you.
A local firm like Conybeare Injury and Accident Lawyers has a different set of priorities. We live in the same Southwest Michigan communities as our clients. We shop at the same grocery stores and drive the same roads, like M-63 and I-94. This local connection means we have first-hand knowledge of the dangerous intersections and local traffic patterns that lead to collisions. We also have a strong track record of success in car accident cases:
- $3,122,000 Arbitration Award: For a man who suffered a disabling brain injury in an automobile and truck collision.
- $2,000,000 Jury Verdict: For the family of a 46-year-old killed instantly when a dump truck crossed the centerline on a slushy road.
- $1,750,000 Settlement: For a woman who suffered serious hip and leg injuries in an automobile crash.
- $1,100,000 Settlement: For a young man who suffered a spinal cord injury caused by a drunk driver.
Hiring a lawyer from Saint Joseph or Kalamazoo can also give you an advantage if your case is one of the few that goes to trial. Our attorneys have spent decades building a reputation for integrity with regional judges and legal staff. We also have deep experience with local law enforcement and the medical community.
Questions? Speak to a Michigan Car Accident Attorney Now!
Conybeare Injury and Accident Lawyers was founded with the goal of stopping the unfair treatment of injury victims. We continue that mission today by providing high-quality representation to every person who walks through our doors. While we recognize that no amount of money can undo the pain and trauma of a collision, it can provide the financial security you need to move forward.
Our legal team has the experience and determination to stand up to insurance companies that prioritize their profits over your health. We offer free consultations, and you won’t owe us any legal fees unless we successfully recover money for you. If you’re ready to take the next step toward justice, we’re ready to listen. Remember: if it’s not fair, call the Bear!
Related Content:
- What to do After a Car Accident That’s Your Fault in Michigan?
- What to do After a Car Accident That’s Not Your Fault in Michigan?
- Michigan Accident Settlement Calculator: What Is My Accident Case Worth?
Barry Conybeare focuses on all aspects of personal injury law, including car accidents, medical malpractice, product liability, insurance claims, and most other injury cases.
- Best Lawyers in America®, Lawyer of the Year 2024, 2021, 2017, and 2013, Plaintiffs Personal Injury Litigation, Kalamazoo Region (Southwest Michigan)
- Best Lawyers in America® 2008-2024, Plaintiffs Personal Injury Litigation, Kalamazoo Region (Southwest Michigan)
- Michigan Super Lawyers® 2009-2023