Hit By A Drunk Driver In Michigan? How Victims Recover Compensation
If you’ve been hit by a drunk driver in Michigan, your life can change in a moment. The crash itself is only the beginning. Medical bills start to pile up. You’re unable to work, your car is totaled, and worst of all, the emotional trauma lingers long after the wreckage is cleared.
We understand how devastating these crashes can be because we’ve worked with countless victims and families who’ve had to put their lives back together after a drunk driving accident. Michigan law gives you the right to seek compensation, and we’re here to explain how that process works and what you need to know to protect yourself.
Recovering damages from a drunk driver in Michigan involves more than just dealing with your own insurance. There are multiple layers of compensation, some automatic, others requiring proof of fault. Knowing your rights under Michigan’s unique No-Fault insurance system and understanding when and how to pursue a personal injury lawsuit can make a major difference in your recovery.
Understanding Michigan’s No-Fault Insurance System
Michigan operates under a No-Fault insurance system, which means that after most car accidents, regardless of who caused the crash, your own insurance company pays for your basic medical expenses, lost wages (up to three years), and certain replacement services under your Personal Injury Protection (PIP) coverage.
However, being hit by a drunk driver can open the door to claims outside of the No-Fault system. If your injuries meet certain thresholds under MCL 500.3135, including serious impairment of a body function, permanent serious disfigurement, or death, you may file a third-party lawsuit against the drunk driver for pain and suffering, excess medical expenses, and lost wages beyond what PIP covers.
Filing A Personal Injury Lawsuit Against A Drunk Driver
When the driver who hit you was intoxicated, Michigan law allows you to pursue a civil claim against them. This is a separate legal matter from any criminal charges the driver may face for Operating While Intoxicated (OWI) under MCL 257.625. A criminal conviction can help support your civil case, but it is not required to file a personal injury lawsuit.
In a personal injury lawsuit against a drunk driver, you may seek compensation for:
- Pain and suffering
- Mental anguish
- Excess medical expenses
- Lost earning capacity
- Long-term care needs
- Vehicle and property damage
To win your case, we must prove that the other driver was at fault and that your injuries meet the legal threshold. Evidence such as police reports, BAC test results, eyewitness testimony, and bodycam footage can be critical.
When Dram Shop Liability Applies
In some cases, we can also bring a claim against the establishment that served alcohol to the drunk driver. Under Michigan’s Dram Shop Act (MCL 436.1801), a bar or restaurant may be held liable if it served alcohol to a visibly intoxicated person or a minor who later caused a crash.
These cases have strict notice requirements; victims must provide written notice of their intent to bring a claim within 120 days of retaining legal counsel. Timing is critical, so it’s important to speak to a lawyer as soon as possible if you believe an alcohol-serving establishment contributed to the crash.
What If The Drunk Driver Was Uninsured Or Underinsured?
Unfortunately, many drunk drivers are either uninsured or carry the bare minimum coverage. In these situations, your own auto insurance may include Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. These provisions allow you to make a claim with your own insurer to recover damages that would have otherwise come from the at-fault driver.
Filing a UM or UIM claim can be difficult, especially when your own insurance company starts treating you like an adversary. We handle these claims with care and persistence to ensure you receive the compensation you deserve.
Wrongful Death Claims After Fatal Drunk Driving Accidents
If a loved one is killed by a drunk driver, the family may file a wrongful death claim under Michigan’s Wrongful Death Act (MCL 600.2922). This type of civil lawsuit allows the surviving family to pursue damages for funeral expenses, lost financial support, loss of companionship, and the pain and suffering experienced by the decedent before death.
Wrongful death claims can be filed by the personal representative of the deceased’s estate and are often pursued alongside any criminal proceedings against the drunk driver. These cases require aggressive legal representation and thorough investigation.
Why Legal Representation Makes A Difference
Insurance companies are quick to downplay drunk driving crash claims or offer lowball settlements before a victim fully understands their legal rights. We’ve seen it happen too many times. Without experienced legal representation, you may end up accepting far less than you’re entitled to, or be denied altogether.
By hiring a skilled car accident injury lawyer, you gain a legal team that will collect evidence, deal with the insurance companies, negotiate your settlement, and, if necessary, take the case to trial. We make sure your voice is heard, and your losses are fully accounted for.
Frequently Asked Questions About Drunk Driving Accident Compensation In Michigan
What Should I Do Immediately After Being Hit By A Drunk Driver In Michigan?
Call 911 and request police and medical assistance. Make sure the police file a report documenting the crash and the other driver’s intoxication. Take photos of the scene, injuries, and damages. Do not confront the drunk driver. Seek medical attention and contact a lawyer as soon as possible to begin protecting your rights.
Can I Sue A Drunk Driver Even If I Have No-Fault Insurance?
Yes. Michigan’s No-Fault insurance covers your initial medical expenses and some lost wages, but if your injuries are serious enough, you can file a third-party lawsuit against the at-fault driver for additional damages like pain and suffering and long-term disability.
What Types Of Damages Can I Recover In A Lawsuit Against A Drunk Driver?
You may recover both economic damages—such as excess medical bills, lost income, and future medical care, and non-economic damages like emotional distress, pain and suffering, and loss of enjoyment of life. In rare cases, punitive damages may apply if the conduct was especially reckless.
How Does Dram Shop Liability Work In Michigan?
Michigan’s Dram Shop Act allows victims to sue a bar or alcohol vendor that served the drunk driver if they were visibly intoxicated or underage. However, you must send a notice of intent within 120 days of hiring an attorney. These cases require specific evidence and fast legal action.
What If The Drunk Driver Didn’t Have Insurance Or Fled The Scene?
If the at-fault driver was uninsured or unidentified, your own auto insurance policy may provide Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. We can help you file a claim with your own insurer and pursue compensation, even when the other driver cannot be held financially accountable.
Call Ravid & Associates, P.C. For Help After A Drunk Driving Accident In Michigan
If you or a loved one were hit by a drunk driver, don’t wait to get the help you need. Time limits apply to your right to file a claim, and the sooner you involve a lawyer, the stronger your case will be. At Ravid & Associates, P.C., we fight for victims throughout Detroit and across the entire state of Michigan. We’ll handle your legal battle while you focus on recovery.
For guidance after a Detroit auto accident, our Detroit auto accident attorney at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent clients across Detroit, Southfield, and throughout all of Michigan. Let our legal team stand up for your rights and help you pursue the full compensation you deserve.
