Who Is at Fault in a Car Accident?
Although Michigan is a no-fault state, fault still matters. Police officers, insurance adjusters, and courts often determine fault by examining:
- Traffic law violations
- Accident scene evidence
- Vehicle damage patterns
- Accident reports
- Witness statements
- Video or dashcam footage
Michigan is a comparative fault state, which means that each driver can be assigned a percentage of responsibility. Even if you’re partly at fault, you may still recover partial compensation that’s reduced by your level of liability.
At-Fault Claims in No-Fault States
Fault often comes into play when an accident causes severe or disabling injuries. If the accident affects your ability to live a normal life, you may be able to step outside the no-fault system and file a lawsuit against the at-fault driver and their insurance company. To file a third-party claim under MCL 500.3135, you must show that the accident caused a serious impairment of body function.
What Should I Do After a Car Accident That Wasn’t My Fault?
If you’re in a car accident and are not at fault, what you do at the scene can affect your rights. If possible, take the following steps:
If the accident caused injuries or property damage, contact law enforcement for assistance filing an accident report. Even a minor fender bender may meet the $1,000 threshold for mandatory accident reporting.
If possible, take photos or videos of vehicle positions, property damage, skid marks, and environmental conditions, such as weather and traffic signals. Document any injuries.
Get the other driver’s name, insurance details, driver’s license number, and license plate. If anyone saw the accident happen, collect their contact information. Witness statements can be valuable for determining fault.
Michigan law MCL 257.619(c) requires drivers to provide reasonable assistance to others following a car accident. Check yourself and passengers for injuries. Be prepared to call for medical aid or provide transportation to anyone who is injured.
When discussing the accident, never apologize or try to guess what happened. Avoid arguing with the other driver. Anything you say may be used against you.
What Not to Do After a Car Accident in Michigan
Even if the crash wasn’t your fault, certain missteps can hurt your claim. To protect your rights and avoid insurance headaches, avoid these common mistakes.
Leaving the scene before the police clear you is considered a hit and run. Depending on the extent of the injuries, it can result in misdemeanor or felony charges, fines, driver’s license points and/or sanctions, and potential jail time per MCL 257.617 and MCL 257.618.
Per MCL 257.622, drivers must report accidents involving injuries or $1,000 or more in property damage. You must also report the accident if you’re unable to move the vehicles from the road or the other driver fails to provide their insurance information. Call 911 to reach the appropriate law enforcement agency.
Only move vehicles out of traffic if there are no serious injuries or fatalities or if it will not damage the evidence. If there is death or serious injury, you must wait for police instructions.
Insurance adjusters may ask you to make a recorded statement or try to get you to admit fault. Speak to an attorney first to avoid compromising your rights.
Avoid posting about the crash or your injuries on social media. Insurance companies and defense attorneys may monitor accounts and can use your posts to question fault, minimize your injuries, or undermine your claim. Keep all details private until your case is resolved.
What Happens After a Car Accident in Michigan?
Even if you were not at fault, what you do next can affect your claim. Here’s what you can expect along the way.
- You have 1 year to file an Application for No-Fault PIP Benefits with your insurer to seek compensation for medical bills and partial lost wages.
- If you have collision coverage, it will pay to repair or replace your vehicle.
- You may be able to sue the at-fault driver or get residual liability benefits for pain and suffering related to severe injuries.
- Under Michigan’s mini-tort law, an attorney can help you recover up to $3,000 from the at-fault driver to cover your deductible and any out-of-pocket repair costs.
What Should I Do After Leaving the Scene?
Once you leave the scene, your actions still matter. What you do in the days and weeks after a car accident can affect your insurance claim, your recovery, and your ability to prove that you weren’t at fault. Here’s what you should focus on next.
Some injuries appear hours or days later. Attend all follow-up appointments, and avoid gaps in care. Medical documentation strengthens your claim.
Keep copies of all medical records and repair bills. Collect photo and video evidence along with witness statements.
Take photos during the healing process, and keep a journal documenting pain levels and effects on your daily life.
Get a copy of the accident report from your local police department or the MSP Traffic Crash Purchasing System. Make sure it accurately reflects what happened. It’s one of the most important documents for proving fault.
Even if you were not at fault, you must report the crash to protect your PIP benefits. In general, you have 1 year from the date of the accident to file an Application for No-Fault (PIP) Benefits.
Do I Need a Lawyer if I Wasn’t at Fault?
Even though you may be dealing with your own insurance company, it still pays to have a Michigan accident attorney review your case. Having a lawyer on your side can prevent delays and denials while ensuring that you receive full compensation for your injuries, property damage, and other losses. An attorney can help by:
- Reviewing your insurance policies and explaining your rights
- Preparing for 1-year and 3-year filing deadlines
- Communicating with the insurance company and claims adjuster
- Proving fault using evidence and relevant Michigan laws
- Accurately valuing your injuries and expenses
- Ensuring your PIP benefits are paid in full
- Filing a mini-tort claim for property damage and insurance deductibles
- Representing you in court, if needed
Get a Free Case Review—No Cost, No Obligation
If you were involved in a car accident and were not at fault, don’t navigate the insurance and legal process alone. Barrix Law Firm has served drivers in Grand Rapids, Grand Haven, Muskegon, and surrounding communities since 1993. Contact us today for a free, no-obligation case review.
FAQs for Car Accidents if You Weren’t at Fault
Michigan has a no-fault insurance system, so you’ll go through your own auto insurance policy regardless of who was at fault. Typically, this means using your PIP insurance to recover compensation for medical bills and lost wages. If your injuries are severe, you can file a separate claim against the at-fault driver to recover additional damages. An attorney can protect your rights and identify all available coverage.
Your PIP coverage pays for medical care and up to 85% of loss wages up to policy limits. Benefits are valid for losses continuing up to 3 years or until your policy limit is exhausted. If you have collision insurance, this will pay for damage to your vehicle.
For severe injuries affecting your quality of life, you may be able to file a third-party claim against the at-fault driver or pursue compensation through their residual liability insurance. This lets you get additional funds for pain and suffering. Total compensation depends on the severity of your injuries, how much time you lost from work, and coverage limits. Speak to an attorney at Barrix Law Firm for help evaluating your losses.
In Michigan, PIP covers any medical care and partial lost wages related to the accident. Collision insurance, which is required by finance companies, will pay for vehicle repairs.
Once these options are exhausted, you can seek compensation from the at-fault driver. You may also be able to take advantage of uninsured/underinsured motorist coverage to recover compensation for excess damages beyond the limits of other policies. Our Michigan auto accident attorney can review your insurance and provide more specific advice.
If a leased vehicle is damaged, collision coverage typically pays for any repairs. You may benefit from gap insurance to cover the difference between what you owe on the lease and the vehicle’s actual cash value if it’s totaled in a crash.
Although Michigan has a no-fault insurance system, the state’s mini-tort law allows you to sue the at-fault driver to recover up to $3,000 for vehicle damage. This can be used to cover your deductible. Contact us for help understanding your rights and avoiding potential penalties on your lease.
Yes. Always notify your insurer after any crash, even if it seems minor or the other driver is clearly at fault. Reporting protects your right to PIP benefits, validates future injury claims, and prevents coverage disputes.
In Michigan, your medical bills and lost wages will still go through your own PIP. For other losses, you may use your uninsured/underinsured motorist (UM/UIM) coverage, which can pay for pain and suffering and excess medical expenses and wage loss. Contact us to have an attorney review your policies and determine what coverage applies.
Sometimes. Michigan law allows you to file a third-party claim if you suffer severe injuries that affect an important body function as well as your quality of life. In most cases, third-party claims are designed to cover economic losses that exceed the limits of your PIP coverage. An attorney can determine if your injuries meet the threshold needed to file a third-party liability claim against the at-fault driver.
