Can Passengers Sue For Damage After An Accident in Michigan?
As personal injury attorneys serving clients across Detroit and the state of Michigan, we are often asked if a passenger can sue after being injured in a car crash. The short answer is yes. Under Michigan law, passengers who suffer injuries in an accident have legal rights and may be entitled to compensation. However, because of Michigan’s no-fault system, there are specific rules and procedures that apply. Understanding these laws is key to determining what kind of claim a passenger can pursue and who may be held responsible.
Michigan’s auto insurance laws are designed to provide immediate medical and wage loss benefits through no-fault insurance, regardless of who caused the accident. But when injuries are serious, passengers may also have the right to sue the at-fault driver or another responsible party for additional damages. We help passengers through these complex legal questions every day.
Michigan’s No-Fault System And Passenger Rights
Michigan is a no-fault insurance state, which means that anyone injured in a car accident, including passengers, must first turn to their own no-fault personal injury protection (PIP) benefits. These benefits, covered under MCL 500.3101 et seq., provide medical expenses, lost wages, and replacement services, regardless of who caused the accident.
If the passenger owns a car and has a no-fault policy, their insurance will typically cover their injuries. If the passenger doesn’t own a vehicle or have coverage, then they may be eligible for benefits from the policy covering the vehicle they were riding in or from the Michigan Assigned Claims Plan.
When Can A Passenger Sue For Additional Damages?
While no-fault insurance covers basic expenses, it does not cover pain and suffering or other non-economic damages unless the injury meets a legal threshold. Under MCL 500.3135, passengers may bring a third-party claim against the at-fault driver if they suffered:
- Serious impairment of body function
- Permanent serious disfigurement
- Death
The phrase “serious impairment of body function” is defined by law and has been interpreted by Michigan courts. It includes injuries that impact a person’s ability to live their normal life. If this threshold is met, passengers can file a lawsuit for pain and suffering, emotional distress, and other losses not covered by PIP.
Who Can Be Held Liable In A Passenger Injury Lawsuit?
In Michigan, passengers may have a valid claim against:
- The driver of the vehicle they were in
- The driver of another vehicle involved in the crash
- The owner of a vehicle, under MCL 257.401(1), which imposes liability on vehicle owners for negligent operation by a permissive user
- Other third parties, such as government entities for poor road maintenance or vehicle manufacturers in product defect cases
We investigate every accident carefully to identify all potential sources of liability and insurance coverage. Even if the at-fault driver is a friend or family member, passengers still have the right to pursue compensation from their insurance company.
Passengers And Comparative Fault
Under Michigan’s modified comparative fault rule, found in MCL 600.2959, a passenger’s recovery may be reduced if they are partially responsible for their injuries. For example, if a passenger knowingly got into a car with an impaired driver, their damages may be reduced. However, they are not automatically barred from recovery unless they are more than 50% at fault.
We work to limit any claims of comparative negligence and fight to ensure passengers are not unfairly blamed for injuries caused by someone else’s reckless driving or negligence.
FAQs About Passenger Injury Claims In Michigan
Can A Passenger Sue The Driver Of The Car They Were In?
Yes. If the driver of the vehicle was at fault and your injuries meet Michigan’s legal threshold, you can file a third-party claim for pain and suffering, emotional distress, and other damages not covered by no-fault insurance.
What If I Don’t Have Car Insurance?
You can still receive no-fault benefits. If you don’t own a car or have your own insurance policy, you may be covered under the insurance for the car you were riding in or through the Michigan Assigned Claims Plan.
How Do I Know If My Injury Is Serious Enough To Sue?
We review your medical records and speak with your doctors to determine if your injuries meet the “serious impairment” threshold under MCL 500.3135. Injuries that significantly impact your ability to live a normal life may qualify.
Can I Sue If A Family Member Was Driving?
Yes. Michigan law does not prevent you from suing a relative if they were at fault. The claim is usually handled through their auto insurance policy. You are not suing them personally for money out of pocket.
How Long Do I Have To File A Lawsuit?
The statute of limitations in most Michigan auto injury cases is three years from the date of the accident, under MCL 600.5805(2). There may be shorter deadlines if government entities are involved, so it’s important to act quickly.
What Compensation Can I Recover In A Passenger Injury Case?
In addition to no-fault benefits, you may be able to recover from pain and suffering, mental anguish, permanent disability, disfigurement, and loss of enjoyment of life. Every case is different, and we work to secure full and fair compensation based on your unique injuries.
Do I Need A Lawyer To Handle My Passenger Injury Claim?
While you can file a no-fault claim on your own, third-party lawsuits are complex, and insurance companies often try to minimize payouts. We handle everything for our clients—from filing claims and gathering medical evidence to negotiating settlements and taking cases to trial when needed.
Call Ravid & Associates, P.C. If You Were Injured As A Passenger In A Crash
If you were hurt in a car accident as a passenger, you may be entitled to more than no-fault benefits. At Ravid & Associates, P.C., we fight for injury victims across Detroit and throughout Michigan from our Southfield office. We’ll explain your legal options, deal with the insurance companies, and work to get you the compensation you deserve.
If your loved one was injured in a car accident, call our Detroit accident lawyersat Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation.
