What should I do immediately after a car accident in Detroit?
Call 911 if anyone is injured, then move to safety if possible. Take photos of vehicle damage, the accident scene, and any visible injuries. Get the other driver's insurance information, license plate number, and contact details.
Michigan is a no-fault state, so you'll typically file with your own insurance company first. However, you can still pursue the at-fault driver for damages exceeding your Personal Injury Protection (PIP) limits. Exchange information with all parties involved and avoid admitting fault at the scene.
Document everything:
- Weather and road conditions
- Traffic signals or signs
- Witness contact information
- Police report number when available
How long do I have to file a car accident lawsuit in Michigan?
You have three years from the accident date to file a personal injury lawsuit in Michigan. For property damage claims, the deadline is also three years.
However, don't wait until the last minute. Evidence disappears, witnesses forget details, and insurance companies may become less cooperative over time. Starting the legal process early gives your attorney more time to build a strong case.
Important exceptions:
- Claims against government entities have shorter deadlines
- Some insurance policies require immediate notification
- Medical records become harder to obtain as time passes
When should I hire a car accident lawyer?
Hire a lawyer immediately if you suffered serious injuries, the other driver was uninsured, or fault is disputed. You should also seek legal help when dealing with multiple insurance companies or when your medical bills exceed your PIP coverage.
Michigan's no-fault law is complex, and insurance companies often try to minimize payouts. An experienced attorney understands how to navigate PIP benefits, third-party claims, and when you can step outside the no-fault system.
Red flags that require legal help:
- Insurance company delays or denies your claim
- Permanent injuries or disabilities
- Lost wages exceeding your PIP benefits
- The other party's insurance contacts you directly
How do I choose the best car accident lawyer in Detroit?
Look for attorneys who specialize in Michigan car accident cases and have experience with no-fault insurance laws. Check their track record with cases similar to yours and verify they're licensed to practice in Michigan.
Key qualifications to evaluate:
- Years handling car accident cases specifically
- Success rate with settlements and trials
- Client testimonials and online reviews
- Membership in professional organizations like the Michigan Association for Justice
Most reputable attorneys offer free consultations. Use this time to assess their communication style, case strategy, and fee structure. Avoid lawyers who guarantee specific outcomes or pressure you to sign immediately.
What damages can I recover in a Michigan car accident case?
Through your own PIP insurance, you can recover unlimited medical expenses, 85% of lost wages (up to monthly limits), and essential services like housekeeping. For pain and suffering, you must meet Michigan's "serious impairment" threshold to sue the at-fault driver.
Additional recoverable damages include:
- Property damage to your vehicle
- Rental car expenses during repairs
- Out-of-pocket medical costs not covered by PIP
- Lost earning capacity for permanent disabilities
The "serious impairment" standard requires your injury to significantly affect your general ability to lead a normal life. This determination often requires medical expert testimony and thorough documentation of how the accident changed your daily activities.
How much does a car accident lawyer cost in Detroit?
Most car accident attorneys work on a contingency fee basis, typically charging 33-40% of your settlement or court award. You pay nothing upfront, and if you don't win, you don't pay attorney fees.
Additional costs may include:
- Court filing fees
- Medical record retrieval
- Expert witness fees
- Investigation expenses
Discuss all potential costs during your initial consultation. Some attorneys absorb case expenses and only collect if you win, while others may require you to pay expenses regardless of outcome. Get fee agreements in writing before proceeding.
What if the other driver doesn't have insurance?
Michigan requires minimum liability coverage, but some drivers still operate without insurance. If you're hit by an uninsured driver, your own uninsured motorist coverage kicks in, assuming you purchased it.
Without uninsured motorist coverage, you're limited to your PIP benefits and may need to sue the at-fault driver personally. However, uninsured drivers rarely have significant assets to pay judgments.
Protection strategies:
- Purchase uninsured/underinsured motorist coverage
- Carry adequate PIP limits for medical expenses
- Consider umbrella insurance policies for additional protection
The Michigan Catastrophic Claims Association may also provide benefits if your medical costs exceed certain thresholds, regardless of the other driver's insurance status.
