Question 1

How long do I have to file a claim after a Michigan car accident?

Accepted Answer

Three years from the injury date for most cases under MCL 600.5805. Michigan no-fault runs on a one-year PIP clock that starts the day of the accident — miss it and you can lose medical and wage-loss benefits you've already incurred. Medical malpractice is two years. Evidence disappears fast, so call early.

Question 2

What does "serious impairment of body function" mean in Michigan?

Accepted Answer

Under MCL 500.3135, the threshold that unlocks pain-and-suffering damages. The impairment must be objectively manifested (imaging, positive tests), affect an important body function, and interfere with your general ability to lead a normal life. The Michigan Supreme Court's McCormick decision still controls.

Question 3

Can I recover if I was partly at fault for the crash?

Accepted Answer

Yes, as long as you were not more than 50% at fault. Michigan uses modified comparative fault — at 30% responsible, you collect 70% of the damages. Over 50%, the pain-and-suffering claim is dead. PIP benefits still pay out regardless of fault.

Question 4

Who pays my medical bills while my Michigan injury case is pending?

Accepted Answer

Michigan no-fault builds a priority order. Your own auto PIP pays first, up to the coverage tier you elected (or the tier your insurer defaulted you into after the 2019 reform). Without auto coverage, it may fall to the insurer on the vehicle you were in, a resident relative's policy, or the Michigan Assigned Claims Plan.

Question 5

What is a mini-tort in Michigan?

Accepted Answer

Michigan's small-claims fix for property damage, capped at $3,000 since 2019. You file against the at-fault driver when your own collision coverage does not fully cover repairs. It is not a backdoor for injury claims — only vehicle property damage.

Question 6

Will I have to go to court in my Michigan PI case?

Accepted Answer

Probably not — about 95% of Michigan PI cases settle. You may still sit for a deposition, which is often where cases are won or lost. If the insurer digs in on a lowball offer, we try it. Wayne County juries treat serious injuries differently than most suburban venues.

Question 7

What is the difference between attendant care and replacement services?

Accepted Answer

Both are PIP benefits. Attendant care pays someone, often a family member, for in-home care (supervision, transfers, medication management), billed at actual market hourly rates. Replacement services pay up to $20 per day for household tasks you can't do yourself. Documentation — daily logs and task lists — wins both.

Question 8

What if the driver who hit me didn't have insurance in Michigan?

Accepted Answer

Your own uninsured-motorist coverage is what steps in. You file a claim against your own insurer. No UM coverage means no usable injury claim against the uninsured driver unless they have personal assets. The Michigan Assigned Claims Plan may cover PIP in some uninsured scenarios.

Question 9

Should I accept the adjuster's early settlement offer?

Accepted Answer

Almost always no. Early offers are designed to close a file before anyone knows what is actually wrong — before the second MRI, before any surgical recommendation, before the future wage-loss picture is clear. Once you sign a release, it's over. Any injury that develops later is on you. Talk to a lawyer before signing anything.

Question 10

How does Koussan Law's fee work?

Accepted Answer

Pure contingency. We collect a percentage of what we recover, only if we recover. No hourly billing, no retainer, no monthly invoices. Case costs — filing fees, experts, depositions, records — get advanced by the firm and reimbursed out of the recovery. If we don't win, you don't owe us the costs.

Your Guide to Legal Knowledge

Stay informed with expert insights, legal updates, and firm news from Koussan Law. Our blog is designed to educate, empower, and guide you through personal injury topics and legal trends that matter most to you.

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