Michigan Car Accident FAQs

It can be confusing when you have a car accident in Michigan. The No-Fault Insurance law can also make it complicated. If you’ve never dealt with the Michigan No-Fault law, it can be overwhelming – and take your focus away from healing from your injuries.

So what do you do? Calling our experienced Michigan attorneys at Gallon, Takacs & Boissoneault can be the first step. We can give you a Free Case Evaluation to see if filing a lawsuit is in your best interest. Please fill out our contact form or call us at 734-430-3012 to schedule your Free Consultation.


Here are some answers to the most Frequently Asked Questions (FAQs) about Michigan car accidents.


How much does it cost to file a lawsuit?

It doesn’t cost any money to file a Michigan No-Fault insurance lawsuit. In Michigan, it is done on a contingency basis. That means the injured victim doesn’t pay any money upfront – and only pays a small percentage of the awarded money to the attorney if they win.

How much time do I have to file a lawsuit?

In Michigan, accident victims have one year to file a Michigan No-Fault insurance lawsuit with their insurance companies for No-Fault benefits. You must notify your own insurance carrier within one year of the accident. Also, a lawsuit must be filed against their own carrier within one year of denial of any payments on the claim. After that, they have three years to file a lawsuit against the wrongdoer driver’s insurance company for pain and suffering damages. If you do not file within this time, recovering from your car accident is challenging.

What does “No-Fault” really mean?

The term No-Fault means that both parties involved in a car accident in Michigan are entitled to benefits from their auto insurance companies, no matter who caused the crash. The No-Fault law can become complicated due to additional issues such as different insurance policies, workers’ compensation and unemployment benefits. It can become even more involved when an out-of-state driver is involved. Therefore, it’s always best to retain a car accident attorney with years of experience handling Michigan No-Fault insurance cases. You can speak with one of our dedicated Michigan Car Accident attorneys at Gallon, Takacs & Boissoneault for a Free Case Evaluation.

Should I call my insurance company right away?

After a car accident in Michigan, you must immediately notify the auto insurance companies. There is a strict one-year time limit to inform your own (first-party lawsuit) No-Fault insurance company of your automobile crash and to file your application for benefits. Also, there is a three-year time limit to file a lawsuit against the negligent driver’s (third-party lawsuit) car insurance company.

Should I give a statement to the auto insurance claims adjuster?

This depends. You must give a statement to your own insurance claims adjuster, but we always advise you to have your own attorney present to protect your interests. You do not have to give a statement to the wrongdoer’s claims adjuster. Claims adjusters often try to get recorded statements early when victims don’t know the extent of their injuries or even details of the crash. These “statements” can be used as evidence against you in a claim.  Especially with Michigan’s confusing No-Fault insurance, having the advice and guidance of a fully experienced attorney is vital. So contact us for your Free Case Evaluation today, especially before you talk to any insurance adjusters.

What if the driver who hit me doesn’t have car insurance?

In a Michigan car accident, if you have No-Fault insurance and the other driver involved does not have insurance, you are still entitled to No-Fault benefits, regardless of who was at fault. Uninsured motorist coverage (UM) and underinsured motorist coverage (UIM) provide a valuable source of legal recovery – for pain and suffering damage – when someone is injured in a crash by another driver who is uninsured or does not have adequate insurance. Check your No-Fault insurance policy to see if you have this coverage.

As you can see, there are many complications and red tape involved with a car accident in Michigan. That’s why it’s crucial to have the advice of an experienced Michigan Car Accident attorney. Call our office today at 734-430-3012, or contact us online for a Free Case Evaluation. Find out the facts about your situation before you do anything. Then, we can help you get the compensation you deserve.

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