Can You Still Sue After a Car Accident in Michigan? Understanding the Limits of No-Fault Insurance
October 2, 2025
Can You Still Sue After a Car Accident in Michigan? Understanding the Limits of No-Fault Insurance
Michigan’s No-Fault insurance system is designed to cover your basic needs after an auto accident—medical treatment, lost wages, and other essential expenses—regardless of who was at fault. But what happens when those benefits aren’t enough? Can you still sue the at-fault driver?
The answer is yes—under the right circumstances, you can pursue a lawsuit in addition to receiving No-Fault benefits. At Gergely Law Offices P.C.., we help injured drivers understand when and how to take legal action beyond their insurance policy.
What No-Fault Insurance Covers—and What It Doesn’t
If you’re injured in a crash, No-Fault Personal Injury Protection (PIP) benefits typically cover:
- Medical care and rehabilitation
- Lost wages (up to 85% for up to 3 years)
- Household replacement services
- Mileage for medical travel
- In-home attendant care if needed
But No-Fault does not compensate you for:
- Pain and suffering
- Emotional distress
- Loss of future income beyond 3 years
- Permanent disability or disfigurement
This is where a third-party lawsuit comes in—especially if your injuries are long-lasting or life-altering.
When You Can Sue After a Michigan Auto Accident
Under Michigan law, you may sue the at-fault driver if your injuries meet one or more of the following thresholds:
- Serious impairment of body function
- Permanent serious disfigurement
- Wrongful death
These legal standards are specific and often require:
- Medical documentation
- Testimony from doctors
- Proof that your ability to live a normal life has been significantly impacted
Our attorneys at Gergely Law Offices are skilled at building strong injury claims that satisfy these thresholds and stand up in court.
Common Scenarios That May Warrant a Lawsuit
Some common cases that qualify for lawsuits outside No-Fault coverage include:
- Spinal cord injuries or traumatic brain injuries
- Permanent mobility loss or amputation
- Facial scarring or burns
- Fatal crashes involving a loved one
- Severe PTSD or emotional trauma that prevents employment
If your life has changed dramatically after a crash, don’t assume No-Fault is your only option.
Statute of Limitations: Don’t Wait Too Long
Michigan law typically gives you three years from the date of the accident to file a lawsuit against the at-fault driver. In wrongful death cases or cases involving minors, the deadlines may differ—but time is always a critical factor.
If you miss the window to file, you could permanently lose your right to additional compensation.
Why You Need Legal Representation
Insurance companies often dispute whether your injuries meet Michigan’s legal threshold. They may downplay your pain, question your medical records, or try to shift blame. At Gergely Law Offices, P.C., we:
- Investigate the accident and determine fault
- Gather strong medical and vocational evidence
- Handle negotiations and file suit when necessary
- Fight for full compensation, including pain and suffering, loss of enjoyment of life, and more
We are trial-ready attorneys who know how to hold negligent drivers accountable—especially when the No-Fault system doesn’t go far enough.
Talk to an Auto Accident Lawyer in Kalamazoo Today
If you’ve been seriously injured in a Michigan crash, don’t assume your case stops with your insurance company. Let our legal team review your case and explain all your options.
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