Thanks all of you guys for prompt response.
I will share more details here in the morning.
Michigan is a NO FAULT auto insurance state.
Fault in Michigan Car Accident Cases
Michigan is a no-fault state for car accidents. This means that after a car accident, Michigan law requires drivers to make a claim with their own insurer under their Personal Injury Protection (PIP) coverage. PIP pays for medical bills and partial lost wages following a crash, up to policy limits.
Michigan's PIP coverage is more comprehensive than in most states. PIP pays to replace lost wages for up to three years from the date the accident occurs. Drivers may choose different levels of PIP coverage when purchasing a policy. Most motorists opt to buy either $250,000 per person in protection, $500,000 per person in coverage or unlimited PIP coverage. Some drivers with Medicaid or Medicare can opt for lower amounts of coverage.
PIP pays for covered losses regardless of who was at fault. However, drivers will not be compensated for things like pain and suffering.
If injuries are serious or if someone is killed, crash victims can go outside of the no-fault system and pursue a personal injury claim against the at-fault driver to recover compensation for non-economic loss. They would need to show their injuries meet the threshold of severity to pursue a civil lawsuit and that the other driver was negligent in causing the crash to occur.
https://www.forbes.com/advisor/legal/auto-accident/michigan-car-accident-laws/
Comparative Negligence Rules in Michigan Car Accidents
If multiple drivers share fault for a car accident, Michigan law specifies when victims can pursue a claim against the other drivers who were partly to blame.
Specifically, a crash victim is only able to make a claim against the other driver if the victim was not more than 50% at fault for the collision. So, a collision victim who was 50% responsible for the crash can still file a lawsuit to recover compensation. But, a crash victim who is 51% to blame wouldn't be allowed to. A victim's compensation is reduced if they share fault, though. A driver who is 50% to blame who suffered $100,000 in damages can only recover $50,000 from the other driver.
Michigan's rule is called a modified comparative negligence rule. Some states have a pure comparative negligence rule and any victim can pursue a claim against the other motorist even if the victim was 99% at fault. Other states apply contributory negligence rules and crash victims who are even 1% to blame for their own injuries cannot pursue a claim for compensation.
Statute of Limitations for Michigan Car Accident Cases
Crash victims who want to file a lawsuit to recover compensation have three years to do so under Michigan car accident laws. This is because Michigan's statute of limitations for injury or wrongful death claims is three years.
A statute of limitations applies not only in Michigan but in every state. It prevents people from waiting so long to make claims that evidence is lost and memories fade. For victims who wait beyond the statute of limitations, claims are time-barred and no lawsuit can move forward.
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If you have been involved in a motor vehicle accident in Michigan, you will quickly become acquainted with Michigan's no-fault system. As someone injured in a car crash, you need to understand the details of Michigan's no-fault laws and understand your rights and options under the no-fault system so that you can maximize your financial recovery for the injuries and damages you've suffered in the accident.
We've provided information to help you understand Michigan's no-fault laws and your right to benefits. If you have any questions about how the no-fault laws apply to your situation, contact the skilled Michigan personal injury accident attorneys at Christensen Law.
We're happy to review your case and discuss how we can help you in a free, no-obligation consultation. Call us today or reach out online.
No-fault benefits are a type of coverage included in your Michigan auto insurance policy, unless you opt out under special circumstances. This coverage protects you and your passengers in the event of an accident, regardless of who may have been at fault for the accident – including even if you were entirely responsible for the crash.
No-fault benefits, also sometimes called personal injury protection (PIP) coverage or first-party coverage, provides you and your passengers compensation for:
"Allowable" medical expenses not covered by your health insurance, including co-pays and deductibles, for any treatment that you need for your injuries
85 percent of your lost wages (up to a statutory cap that adjusts each year) for time missed from work while recovering from injuries suffered in a motor vehicle accident, for a period of up to three years
Up to $20 per day for "replacement services," including household chores and services like cleaning, laundry, and lawn care that you can no longer do yourself due to your injuries.
Michigan No-Fault Law Explained | Christensen Law
