Rear‑End Collisions In Detroit: Building A Strong Compensation Case
Rear-end collisions are one of the most common types of car accidents we see in Detroit and throughout Michigan. These crashes often happen suddenly, giving drivers and passengers little to no time to react. Even a relatively low-speed impact can cause serious injuries, especially to the neck, back, and head. We understand how overwhelming it can be after a rear-end crash. You may be dealing with medical appointments, missed work, car repairs, and the stress of dealing with insurance companies. That’s why it’s so important to understand your legal rights and how to build a strong compensation case under Michigan law.
Common Causes Of Rear-End Collisions In Michigan
Rear-end crashes often happen because one driver is following too closely, not paying attention or speeding. Texting while driving, sudden stops in heavy traffic, weather conditions, and impaired driving are also frequent contributors. Under Michigan law, the driver who strikes the vehicle in front is typically presumed to be at fault. This presumption can be challenged in rare cases, but the law generally supports the injured person in a rear-end crash if they were hit from behind.
How Michigan’s No-Fault Law Affects Rear-End Accident Claims
Michigan follows a no-fault insurance system, which means that after most car accidents, your own auto insurance pays for your medical bills, lost wages, and replacement services — regardless of who caused the crash. This coverage is known as Personal Injury Protection (PIP), and it’s required by law under MCL 500.3101.
Even though PIP covers many expenses, it does not provide compensation for pain and suffering. To recover those damages, we must file a third-party claim against the at-fault driver. Under MCL 500.3135, you must meet Michigan’s “threshold injury” requirement — which means showing that you suffered a “serious impairment of body function” or permanent serious disfigurement. This is often a key part of building a compensation case in rear-end collision claims.
Proving Fault In A Rear-End Accident
Although fault is generally clear in a rear-end crash, it still must be proven with evidence. We work to gather police reports, witness statements, dash cam or surveillance footage, and photographs of the damage and road conditions. Sometimes, accident reconstruction experts are used to support the claim. Michigan law requires drivers to maintain an assured clear distance between vehicles (see MCL 257.627(1)), so if a driver fails to leave enough space and hits you, that is strong evidence of negligence.
Medical Documentation Is Essential To Your Claim
Even if your injuries feel minor at first, it’s important to seek medical care right away. Many rear-end accident injuries, like whiplash or herniated discs, may not show immediate symptoms but can worsen over time. The longer you wait to see a doctor, the harder it becomes to link your injuries to the accident. We work closely with our clients to ensure their medical records fully reflect the extent of their injuries and their impact on their daily lives.
Filing Deadlines And Legal Time Limits In Michigan
Michigan law sets strict time limits for filing a claim. For PIP benefits, you must file a claim with your own insurance company within one year of the accident, according to MCL 500.3145(1). For third-party lawsuits against the at-fault driver, you have up to three years to file under MCL 600.5805(2). Failing to meet these deadlines could mean losing your right to recover compensation, which is why we encourage people to contact us early in the process.
What Damages Can We Help You Recover?
In addition to your no-fault benefits, we pursue full compensation from the at-fault driver for any pain and suffering, emotional distress, loss of quality of life, and future medical expenses. If you lost a loved one in a rear-end crash, we can pursue a wrongful death claim under MCL 600.2922. Every case is different, and we take the time to understand the full impact the accident has had on your life.
Why Legal Representation Makes A Difference
Insurance companies often try to minimize rear-end claims by arguing that the injuries are minor or pre-existing. We’ve seen them offer low settlements to pressure people into signing away their rights. As attorneys who handle car accident cases every day, we know how to push back with strong evidence, legal strategy, and negotiation tactics that protect your interests. If necessary, we’re prepared to take your case to trial to get the outcome you deserve.
Frequently Asked Questions About Rear-End Collisions In Detroit
Is The Rear Driver Always At Fault In A Rear-End Collision In Michigan?
Most of the time, yes. Michigan traffic law requires drivers to keep a safe distance from the vehicle ahead. Under MCL 257.627(1), this is referred to as maintaining an “assured clear distance.” If a driver fails to do that and crashes into another vehicle, they are usually considered negligent. However, there are exceptions, such as if the front driver made a sudden and reckless stop. We look at every detail to determine fault.
What If I Was Partially At Fault For The Rear-End Crash?
Michigan follows a comparative fault rule under MCL 600.2959, which means your compensation could be reduced if you were partially at fault. As long as you are not more than 50% at fault, you can still recover damages, but the amount you receive will be reduced by your percentage of fault. If your fault is greater than 50%, you may be barred from collecting noneconomic damages like pain and suffering.
Can I Sue The Driver Who Hit Me In A Rear-End Accident?
Yes, but only if your injuries meet the threshold set by MCL 500.3135. This means your injuries must result in serious impairment of a body function, permanent serious disfigurement, or death. If you meet that threshold, we can file a third-party lawsuit for damages beyond your no-fault benefits, including pain and suffering.
How Much Time Do I Have To File A Claim After A Rear-End Accident In Michigan?
You have one year from the date of the crash to file for no-fault PIP benefits and three years to file a lawsuit against the at-fault driver. These deadlines are strict, and missing them can result in the loss of your rights. That’s why we recommend starting your claim as soon as possible.
What If I Was Injured In A Rear-End Crash While Driving For Work?
If you were working at the time of the crash, you may have a workers’ compensation claim in addition to your no-fault claim. Depending on the situation, you may also be able to pursue a third-party claim against the at-fault driver. We help clients coordinate both types of claims to maximize their recovery.
Should I Accept The Insurance Company’s Settlement Offer After A Rear-End Collision?
You should never accept a settlement without reviewing it with an attorney. Insurance companies often offer quick settlements that don’t cover the full cost of your injuries, future treatment, or pain and suffering. Once you accept, you typically can’t go back and ask for more. We’ll review your case for free and help you understand whether the offer is fair.
Talk To Ravid & Associates, P.C. About Your Rear-End Collision Case
If you’ve been injured in a rear-end accident in Detroit or anywhere in Michigan, we want to help you protect your rights and pursue full compensation. These cases may seem straightforward, but the insurance companies will not make it easy. Let us put our experience to work for you and build a case that reflects the true impact this crash has had on your life.
Don’t wait to get the legal help you need. Call our Detroit auto accident attorney at Ravid & Associates, P.C. today at (248) 948-9696 to receive your free consultation. We represent clients in Detroit and throughout the entire state of Michigan from our office locations in Southfield, Michigan. Let us fight for the justice and compensation you deserve.
