Can You Sue For Injuries As A Passenger In Detroit Car Accidents?
Car accidents can be overwhelming, especially for passengers who suffer injuries without any control over the situation. In Michigan, passengers have legal rights when they are injured in a car crash, including the ability to seek compensation for medical bills, lost wages, and pain and suffering. Under Michigan’s No-Fault Insurance Law (MCL 500.3101 et seq.), injured passengers can often recover benefits from their own auto insurance or the policy of the driver involved. However, in certain cases, passengers may also be able to file a lawsuit against an at-fault driver. Understanding the legal process is essential to protecting your rights.
Michigan’s No-Fault Insurance Law And Passenger Injuries
Michigan operates under a No-Fault insurance system, meaning that accident victims—including passengers—generally recover compensation through their Personal Injury Protection (PIP) benefits rather than suing another driver. Under MCL 500.3107, PIP benefits cover:
- Medical expenses related to the injury
- Lost wages for up to three years if the injury prevents work
- Replacement services for household tasks the injured person cannot perform
- Attendant care services for those who require long-term medical assistance
Even if the driver at fault is another motorist or the driver of the vehicle you were in, PIP benefits apply regardless of fault in most cases.
When Can An Injured Passenger Sue For Compensation?
While No-Fault insurance limits lawsuits in many situations, Michigan law allows injured passengers to sue for damages if they meet certain conditions. Under MCL 500.3135, a lawsuit is possible if the accident results in:
- A serious impairment of body function
- Permanent serious disfigurement
- Wrongful death
In these cases, passengers can file a third-party claim against the at-fault driver to seek non-economic damages, such as pain and suffering. Additionally, lawsuits may be pursued when injuries exceed the PIP policy limits.
Determining Liability For A Passenger’s Injuries
Passengers can suffer injuries due to the negligence of multiple parties, including:
- The driver of the car they were in
- Another at-fault driver involved in the crash
- Vehicle manufacturers, if a defect contributed to the accident
- Government entities responsible for hazardous road conditions
Determining liability is critical when seeking damages beyond No-Fault benefits. A thorough investigation, including police reports, witness statements, and accident reconstruction, helps establish fault.
Filing A Claim Against An At-Fault Driver
If a passenger’s injuries qualify under MCL 500.3135, they may be able to sue for damages. The legal process typically involves:
- Identifying the at-fault party
- Filing a claim with the at-fault driver’s insurance company
- Negotiating a settlement or proceeding to litigation
Damages may include pain and suffering, emotional distress, and loss of enjoyment of life. Unlike PIP benefits, these claims do not have a limit on non-economic damages if the injury threshold is met.
What Happens If The At-Fault Driver Is Uninsured?
Michigan law requires all drivers to carry auto insurance, but uninsured and underinsured drivers are still common. If the at-fault driver lacks adequate coverage, injured passengers may seek compensation through:
- Uninsured Motorist (UM) Coverage – If their own auto policy includes UM benefits
- Underinsured Motorist (UIM) Coverage – If their injuries exceed the at-fault driver’s policy limits
- Michigan Assigned Claims Plan (MACP) – If no applicable policy is available
Filing these claims can be complex, and legal representation is often necessary.
Steps To Take If You Are Injured As A Passenger In A Detroit Car Accident
If you are injured as a passenger in a Detroit car accident, taking the right steps can protect your ability to recover compensation:
- Seek medical attention immediately – Some injuries do not show symptoms right away.
- Report the accident – File a police report for documentation.
- Gather evidence – Take photos, collect witness information, and note key accident details.
- Notify your insurance company – File a claim under PIP benefits as soon as possible.
- Consult with an attorney – If your injuries are serious, an attorney can determine whether a third-party lawsuit is an option.
Michigan’s strict one-year deadline (MCL 500.3145) for PIP claims and three-year statute of limitations (MCL 600.5805) for injury lawsuits make it essential to act quickly.
Passenger Injury Claim Frequently Asked Questions
Can A Passenger Sue Both Drivers In A Two-Car Collision?
Yes. If both drivers contributed to the accident, an injured passenger may file claims against both drivers to maximize compensation. Comparative fault laws in Michigan allow injured parties to recover damages proportionate to each driver’s fault in the crash.
What If I Was Injured In A Rideshare Accident?
Passengers injured in Uber or Lyft accidents may be eligible for compensation through the rideshare company’s commercial liability policy. Under MCL 257.2123, Michigan law requires rideshare companies to carry at least $1 million in liability coverage when transporting passengers.
Does PIP Cover Pain And Suffering?
No. PIP benefits only cover economic losses, such as medical expenses and lost wages. To recover pain and suffering damages, an injured passenger must meet Michigan’s serious injury threshold (MCL 500.3135) and file a lawsuit.
Can I Sue If The Driver Of My Car Was At Fault?
Yes. Passengers can file third-party claims against the driver of their own vehicle if serious injuries occurred. Michigan law does not prevent injured passengers from suing the driver they were riding with.
Do I Need A Lawyer To File A No-Fault Claim?
While you are not required to hire an attorney, No-Fault claims can become complicated, especially if your employer’s wage loss benefits or medical bill payments are delayed. An attorney ensures you receive full benefits and helps determine whether additional legal action is necessary.
Can I Sue If The Driver Was A Friend Or Family Member?
Yes. Passengers can file a claim against a friend or family member’s liability insurance policy. These claims do not impact personal relationships since compensation comes from the insurance provider, not the individual driver.
What If The Insurance Company Denies My Claim?
If an insurance company denies PIP benefits or a third-party claim, legal action may be necessary. Michigan law allows injured passengers to dispute denials through the Michigan Department of Insurance and Financial Services (DIFS) or by filing a lawsuit for unpaid benefits.
Call Ravid & Associates, P.C. For Exceptional Representation
If you were injured as a passenger in a Detroit car accident, you may be entitled to compensation. At Ravid & Associates, P.C., we are committed to protecting injured victims and ensuring they receive the maximum benefits available under Michigan law.
Contact our Detroit car accident attorneysat Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. Our offices in Southfield, Michigan, serve clients throughout Detroit and the entire state of Michigan. Let us fight for the compensation you deserve.
