Detroit Car Accident Lawyer
Michigan has the most unusual auto injury framework in the country — no-fault PIP (with 2019 reforms), threshold-injury doctrine, mini-tort, and 3-year SOL. MI cases fundamentally differ from any other state.
Michigan has the most unusual auto injury framework in the country. Its unlimited lifetime no-fault medical benefits (until reformed in 2019), coordinated benefits requirements, mini-tort system, and complex threshold-injury doctrine make Detroit and other MI cases fundamentally different from any other state. Recent 2019 reforms cut back on lifetime medical benefits but the framework remains unique. Wayne County alone tracks 50,000+ reported crashes a year.
Michigan no-fault — the basics
- PIP medical benefits — since 2019 reforms, MI drivers choose from tiered PIP levels ($50K, $250K, $500K, unlimited, or Medicare-covered opt-out)
- Wage loss and replacement services — PIP also covers 85% of lost wages up to statutory maximum (roughly $6K/month) for 3 years
- Bodily injury threshold — to sue at-fault driver for pain and suffering, must meet threshold: death, serious impairment of body function, or permanent serious disfigurement
- Mini-tort system — can sue at-fault driver for up to $3,000 in vehicle damage not covered by insurance
- Modified comparative fault — 51% bar
- Three-year SOL for personal injury (longer than most states)
The threshold injury analysis
To sue the at-fault driver for non-economic damages (pain and suffering, mental anguish, loss of enjoyment), MI requires meeting the threshold under MCL 500.3135. “Serious impairment of body function” requires:
- Objectively manifested impairment
- Of an important body function
- That affects the person’s general ability to lead their normal life
The MI Supreme Court’s McCormick v. Carrier (2010) framework governs. Courts look at nature and extent of impairment, treatment received, effects on daily life, and prognosis.
Where Detroit crashes happen
I-94 through Detroit, I-75 through downtown and the Michigan Central corridor, the M-10 (Lodge Freeway), and I-696 (Reuther Freeway) cluster the highest crash volume. Woodward Avenue and Detroit’s complex six-corner intersections produce a distinct pattern of angle collisions. Winter conditions dramatically spike crash rates November-March.
FAQ
I have unlimited PIP from before 2019. Does that still apply?
Depends on when the policy was issued and whether you opted into the reform tiers. Lifetime medical benefits under pre-2019 policies are the subject of ongoing litigation. Talk to a MI-specific lawyer.
I don’t have MI auto insurance and I was hit. Do I still get benefits?
Complicated. MI’s Assigned Claims Facility (MACF) is the residual insurer for uninsured claimants. Coverage limits and eligibility depend on your circumstances.
How long do I have?
3 years for personal injury bodily injury claims. 1 year to file PIP claim. 3 years for property damage. MI SOL rules are complex; don’t rely on generic guidance.
General information about state law applied to local cases. Not legal advice.