There is a lot to address after an accident, and with all the information on personal injury claims available, it’s not surprising that most people don’t take the time to fully research. Instead, many piece together their next steps from what they have learned from word-of-mouth or a quick search online. The issue is that much of that information is incomplete, outdated, or incorrect. In Michigan, where the rules are more complicated than in most states, making assumptions leaves money on the table. If you are trying to figure out where you stand, it helps to start with facts from a credible industry resource.
At Bashore Green Law Group, we believe that both plaintiffs and defendants deserve a fair shot. Our approach places emphasis on understanding the facts and educating our clients, advocating for what is right and just.
Personal injury is one of our specialties. Below, we’ve addressed five of the most common misconceptions about personal injury claims we see in Michigan and broken down the reality of each situation.
Misconception 1: “Michigan is a no-fault state, so I can’t sue the driver who hit me”
No-fault limits when you can sue, but you still have the right.
Michigan’s no-fault system means your own auto insurance pays your medical bills and lost wages through Personal Injury Protection (PIP) benefits, no matter who caused the crash. What people miss is that no-fault does not erase your right to hold an at-fault driver responsible.
You can still sue for:
- Pain and suffering, if your injury clears the legal threshold:
- Death
- Permanent serious disfigurement
- A “serious impairment of body function”
- Out-of-pocket costs not covered by your insurance Personal Injury Protection (PIP) benefits
- Up to $3,000 for vehicle damage your own coverage does not pay (under Michigan’s mini-tort rule) if you are not more than 50% at fault for the accident.
Want more detailed information? Learn more in our blog on who pays for your injuries after a car accident.
Misconception 2: “I have plenty of time, and filing an insurance claim protects my rights”
Only a lawsuit protects your deadline. An insurance claim does not.
Michigan gives you three years from the date of injury to file most personal injury lawsuits, including car accidents, slip and falls, and dog bites. Three years sounds like a lot, so people wait. The problem is that car accident cases run several deadlines at once, and some are far shorter:
- Personal injury lawsuit: Three years to file against the at-fault party
- PIP benefits: One year from the crash to apply, plus a “one-year-back rule” that blocks recovery for expenses older than a year before you file
- Claims involving a government vehicle or a dangerous public road: As little as 120 days to give written notice
Opening a claim with an insurer does not preserve any of these. Insurers can keep negotiating right up until your deadline passes, and once it does, your case is gone no matter how strong it was.
If you are unsure which deadlines apply to you, our Do I Have a Case? page is a quick way to find out.
Misconception 3: “If I was partly at fault, I get nothing”
Your PIP benefits for medical care and wage loss are paid regardless of who caused the crash, even if the accident was mostly your fault. However, there may still be reimbursement potential for noneconomic damages, even in a partial-fault case.
To determine payout in a partial-fault case, Michigan uses a rule called “comparative negligence”. This measures your percentage of fault on a sliding scale, which directly correlates to the percentage of payout you would receive.
- 50% or less at fault: You can still recover, but your compensation is reduced by your share of the blame (e.g. damages of $100,000 with 20% fault means you recover $80,000).
- 51% or more at fault: You lose the right to recover noneconomic damages like pain and suffering from the other driver.
Tip: Insurers work to assign you as much blame as they can, so be careful what you say. An off-hand apology could later be used against you as an admission of fault.
Misconception 4: “I felt fine right after, so I must not be hurt”
Adrenaline is potent. Many serious injuries are not visible and don’t show their full effect until hours or days later.
There is a misunderstanding that only dramatic, visible injuries count when it comes to personal injury claims. However, many injuries, such as concussions, soft-tissue damage, and back and neck problems, can be overlooked at the scene of the accident. People who feel okay at first may refuse treatment or skip the doctor, and only later realize something is wrong. Unfortunately, they often find that gap in treatment used against them.
For pain and suffering claims, the law requires an injury that is “objectively manifested,” meaning it can be verified by someone other than you through imaging, exam findings, or medical records. That is not the same as visible or catastrophic. A herniated disc or a documented brain injury can qualify even when nothing looks wrong from the outside.
Get medical attention promptly and follow through with treatment. It protects your health and builds the medical record your claim depends on.
Misconception 5: “A lawyer costs too much, and my case will drag through years of court”
Two fears keep people from calling an attorney, and both are usually based on a misunderstanding:
- Cost: Personal injury attorneys, including those at Bashore Green, work on a contingency fee. You pay no fee up front and no fee at all unless we recover compensation for you.
- Time: Most personal injury claims settle without ever going to trial. Having a lawyer prepared to try the case is often what pushes an insurer to make a fair offer.
The first settlement number an insurer puts in front of you is often a lowball offer, and accepting it early often means settling for less than the claim is worth. You want representation from someone who is truly on your side.
Talk to a Michigan Personal Injury Attorney
Michigan injury claims are complicated, with no-fault rules, the overlapping deadlines, and the fault thresholds. One wrong move can derail even a solid case.
At Bashore Green Law Group, we believe you deserve a clear, honest read on your situation. We start with the facts and provide you with realistic options for your case that you can understand, without all the legal jargon. As a personal injury attorney, we represent injured clients across Michigan.
Call us at (248) 487-1887 for a confidential consultation, or reach out through our contact page. There is no cost to find out where you stand.
Frequently Asked Questions
Can I sue the at-fault driver in a no-fault state like Michigan?
Yes, in certain cases. Your own PIP coverage pays your medical bills and wage loss regardless of fault, but you can still sue the at-fault driver for pain and suffering if your injury involves death, permanent serious disfigurement, or a serious impairment of body function. In some circumstances, you can also sue the at fault driver for some of your excess PIP claims.
How long do I have to file a personal injury claim in Michigan?
You generally have three years from the date of injury to file a lawsuit. Car accident cases also carry a separate one-year deadline to apply for PIP benefits, and government-related claims can require written notice within a few months.
Can I still recover money if the accident was partly my fault?
Yes, as long as you are 50 percent or less at fault. Your compensation is reduced by your percentage of fault, and at 51 percent or more you cannot recover noneconomic damages like pain and suffering. Your PIP medical and wage benefits are paid regardless of fault by the applicable Insurance Company.
Do I have to go to court for a personal injury claim?
Usually not. Most personal injury claims settle before trial, though having an attorney ready to go to court often leads to a better settlement.
How much does a personal injury lawyer cost in Michigan?
Most personal injury attorneys work on a contingency fee, meaning you pay nothing up front and no fee unless they recover compensation for you.
