Most of the time, when we think about car accident claims, we focus on drivers and their responsibilities. However, if you were injured as a passenger, you may also have legal options to recover medical expenses and lost wages through Michigan’s no-fault system. Keep reading to learn whether passengers can file car accident claims in metro Detroit.
How Michigan’s No-Fault System Applies to Passengers
Under Michigan’s no-fault laws, passengers can file Personal Injury Protection (PIP) claims in the same way as drivers. Your own auto liability insurer can cover each of the following economic losses after the accident:
- All medical expenses related to your injuries (or medical expenses up to the coverage limit)
- A portion of your lost wages for up to three years
- Replacement services to help you with household responsibilities you can’t perform due to the injury
- Attendant care services, including in-home assistance with personal care needs resulting from your injuries.
The law establishes a specific priority system to determine which policy covers an injured passenger. You must file with your own no-fault insurer first. Otherwise, you can file with your spouse’s insurer or the insurer of a resident relative.
Can Passengers Sue for Pain and Suffering in Michigan?
Passengers can sue for pain and suffering after a car accident in Detroit, but only if their injuries meet the statutory threshold. This means that one of the following criteria must apply:
- Permanent and serious disfigurement
- Serious impairment of body function
- Death
If you are eligible, you can file a third-party claim against any at-fault driver or party involved in the accident. This can include the driver of the vehicle you were in, the driver of another vehicle, a business that owns an involved vehicle, or even a government entity if harmful road design or an employee’s negligence led to the accident.
What if a Passenger Is Uninsured?
If you don’t have your own no-fault insurance, you may still have options to pursue benefits as an injured passenger. The Michigan Assigned Claims Plan (MACP) is the state’s “plan of last resort,” and can cover up to $250,000 of medical expenses for those without access to a no-fault policy.
To apply for benefits under the MACP, you must file within one year of the accident as per Michigan Condensed Laws § 500.3174. If you miss the deadline, your claim may be denied.
Deadlines To File a Passenger Injury Claim in Michigan
You must follow the appropriate filing deadlines to protect your rights after the accident. For PIP claims, the deadline to file is one year from the accident date, no matter which insurance company you use.
If you’re pursuing a third-party claim, you have three years from the accident date to file in most cases. Due to statutory notice requirements, the deadline may be much shorter if you’re suing a government employee, agency, or public transit operator.
Ultimately, the sooner you hire an attorney after the accident, the easier it will be to preserve the proper evidence and file the strongest possible claim on time.
Contact a Metro Detroit Car Accident Lawyer for Passengers
If you were injured as a passenger in a car accident, the Detroit passenger accident attorneys of Atnip & Associates, PLLC can answer your questions and evaluate your legal path forward. Since 2013, our firm has served clients in metro Detroit, the UP, and throughout the Great Lakes State. We’ve secured six-figure settlements in previous passenger accident cases, and as former insurance defense lawyers, we’re well acquainted with the intricacies of the state’s no-fault system and the tactics companies use to deny claims. Contact our office today for a no-cost, no-obligation consultation.
