Passengers that fall victim to car accidents in Michigan might have more options than they realize. Many people automatically assume that drivers are the only ones who can file claims, but this is not always the case. Passengers are often completely fault-free yet still face the trauma of enduring damages from being present in the accident. Luckily, Michigan’s no-fault law provides ample specific protections that are in place for scenarios like these.
Michigan’s No-Fault Insurance System and Passenger Claims
Michigan is a state that operates under a no-fault insurance system. This means that after a car accident, anyone injured would usually seek compensation from an insurance policy no matter who caused the crash. Passengers are also allowed to attempt Personal Injury Protection (PIP) benefits just like the drivers.
PIP benefits could cover things like medical expenses, lost wages, and other accident-related costs. Complexities can arise when trying to figure out which insurance company is responsible for paying benefits. In a lot of cases, passengers will first turn to their own auto insurance policy. If they don’t have one, then coverage could end up coming from a spouse or household relative’s insurer. If there are no policies found amongst any of them, then the insurer of the driver could end up being responsible. The best way to navigate dealing with these insurance protocols is to file the correct insurer which helps to also avoid any delays or rejections.
Can a Passenger Sue for Pain and Suffering?
Passengers can in fact sue for pain and suffering. They would approach this by filing what’s called a third-party claim for pain and suffering damages. Michigan law requires that the injured passenger must have suffered “serious impairment of body function” to proceed with this claim.
As long as that is the case, a passenger can pursue compensation against the driver responsible for the accident. Being a passenger doesn’t automatically prevent someone from filing a lawsuit, even if the driver who is at-fault is a friend or family member. These cases tend to be emotionally fragile but are legally viable when the accident causes significant injury.
What If Both Drivers Were at Fault?
In some accidents, both drivers can be deemed partially responsible. Michigan follows a system where passengers can pursue legal action against one or both drivers.
A passenger’s right to compensation is not null and void just because drivers dispute who’s liable between themselves. Insurance companies could try shifting blame to prevent themselves from being forced to contribute more financially but those types of disputes are between insurers and do not coincide with a passengers’ legal rights.
What Compensation Can an Injured Passenger Recover?
Compensation in Michigan for injured passengers usually falls within one or two categories. These are usually no-fault PIP benefits and third-party damages.
Under no-fault insurance coverage, passengers can recover payment for things like medical bills, wage loss benefits, and even household help costs. These benefits are available regardless of fault.
If the serious impairment threshold is met, then passengers could still seek third-party damages which includes compensation for pain and suffering, medical expenses that go beyond PIP benefits, and other non-economic losses. The complete recovery package depends on how severe the injury is and what insurance coverage is available.
Common Mistakes Passengers Make After an Accident
A common mistake that passengers make after car accidents is assuming that the driver’s insurance policy will automatically cover them. Michigan law could require that passengers file through a different insurer and missing filing deadlines could potentially impact benefits.
Another frequent mistake is failing to get medical attention right away. The longer a passenger waits to seek this care, the more room insurance companies have to create narratives that the injuries were not that serious or were not caused by the accident.
Why Legal Guidance Matters for Injured Passengers
Legal guidance is the first step to making it through an injury claim. Duff Law offers free consultations with a team of experienced personal injury attorneys, so make sure you reach out as soon as possible.