Can You Sue For Negligence In Car Accident?

The driver who hit you ran a stop sign, glanced up from a phone too late, or got behind the wheel after drinking. Now you are home with pain, a stack of medical paperwork, and an insurance adjuster who has already called. Michigan is a no-fault state, so can you actually sue the person who caused your injury?

Yes, you can. But an offer often lands before anyone knows how serious your injury really is, and once the three-year filing window closes, the right to sue is gone for good. The no-fault rules sound like they block any claim against the at-fault driver. They do not, and adjusters are counting on you to believe they do.

At Matz Injury Law, every car accident case starts with one question: do your injuries clear the legal threshold to sue? That is the first thing we review with every crash victim who calls.

What Counts as Negligence in a Michigan Car Accident?

Negligence is the legal term for a driver who fails to use reasonable care behind the wheel. To win a negligence claim, you have to prove four things.

Picture the most common version: a driver runs a red light and hits you in the intersection. Here is how that crash maps onto each element.

• Duty of care: Every Michigan driver has a legal duty to drive carefully and follow traffic laws.
• Breach of duty: Running a red light breaks that duty, since a reasonable driver would have stopped.
• Causation: The crash, not something else, has to have caused your injuries.
• Damages: You must demonstrate that you have incurred actual losses, which may include medical expenses, lost income, physical pain, or damage to your vehicle.

These four elements apply to every negligent driver case in Michigan, whether the cause was speeding, distraction, impairment, or plain inattention.

Can You Sue a Negligent Driver After a Michigan Car Accident?

Yes, you can, but Michigan’s no-fault system decides when. Your auto insurance covers most medical bills and part of your lost wages through personal injury protection (PIP), regardless of who caused the crash. To sue the at-fault driver for pain, suffering, and other damages, your injuries first have to clear the legal threshold.

MCL 500.3135 sets that threshold. Two things must be true before you can proceed with your lawsuit:

• Your injury meets one of three thresholds in Michigan law.
• You carried 50% or less of the fault for the crash.

When Does Michigan’s No-Fault System Let You Sue?

Under MCL 500.3135, you qualify if your case involves any of the following:

• Death
• Permanent serious disfigurement, such as a visible facial scar
• Serious impairment of body function

The third category does most of the work. Michigan defines a serious impairment as an objectively manifested impairment of an important body function that affects your general ability to live your normal life.

Objectively manifested means doctors can see or measure it on imaging, exams, or other medical evidence. A back injury that requires surgery and keeps you off work for months typically clears this bar. A neck strain that resolves in two weeks generally does not.

Can I Sue If I Was Partly at Fault for the Michigan Crash?

Michigan uses modified comparative negligence. If you’re 50% at fault or less, you can still recover, but your award will decrease based on your share of fault. At 51% or more, you lose the right to pain-and-suffering damages entirely.

That single percentage point can decide whether your claim moves forward, which is one reason fault investigation matters so much in a Michigan no-fault claim.

What Damages Can You Recover in a Michigan Negligence Lawsuit?

A tort claim against the at-fault driver reaches beyond what PIP covers. PIP handles medical bills and a share of lost wages, but it does not pay for the human cost of a serious injury. Once you clear the threshold, several categories of damages open up:

• Pain and suffering damages under Michigan law for the physical pain, mental anguish, and reduced quality of life caused by the crash.
• Disfigurement and scarring for visible permanent marks left by the injury or its treatment.
• Excess economic loss for medical bills above any PIP cap, lost wages beyond the three-year no-fault wage loss window, and reduced future earning capacity.
• Loss of consortium for the spouse of a seriously injured victim.
• Survivor’s loss benefits in wrongful death cases.

How Do You Prove the Other Driver Was Negligent?

A Michigan car accident negligence claim rests on evidence gathered from the crash scene, the medical record, and sometimes from people who never saw the impact happen. The burden of proof is a preponderance of the evidence, meaning it is more likely than not that the other driver caused the crash. That is a lower standard than the criminal beyond a reasonable doubt rule.

The evidence that builds a strong Michigan car accident lawsuit typically includes:

• The police report and any citations issued
• Eyewitness statements from passengers, other drivers, and bystanders
• Photographs of vehicle damage, skid marks, traffic controls, and the scene
• Traffic-camera, dashcam, or business surveillance footage, if available
• Cell phone records when distracted driving is suspected
• Medical records linking your injuries directly to the crash
• Accident reconstruction testimony in serious-injury or contested-fault cases

The earlier this evidence is preserved, the stronger the case. Skid marks fade, surveillance footage gets overwritten, and witnesses move.

How Long Do You Have to Sue After a Michigan Car Accident?

Michigan gives you three years to file a negligence lawsuit against an at-fault driver, and most crash victims misunderstand this deadline. Under MCL 600.5805, the three-year clock runs from the date of the crash, not from when you finish treatment or the insurer makes a final offer. Let it pass, and the court will almost always refuse the case, however strong your evidence.

The deadline to claim PIP benefits is shorter, usually one year from the crash. Narrow exceptions exist for minors and certain disabilities.

Why Choose Matz Injury Law for Your Michigan Negligence Case

Before you sue a negligent driver in Michigan, you need a straight answer on whether your claim is worth pursuing. In a free consultation, the right firm can tell you whether your injury clears the threshold, if the timing still works, and what a realistic recovery looks like before you sign anything. That review starts every case we take.

Client Testimonials

“If you need an injury attorney then Steve Matz is the attorney you want. He went above and beyond his responsibilities with my case. My case had several different parts (uninsured driver, medical, employer, and insurance company) and Steve was able to assist with most and the ones he couldn’t he was able to give us another attorney name. He is a great listener and he gets right to the point with any questions. I would recommend Steve to anyone – thank you so much Steve for all your help.” – Chris N.

“If you are looking for the best attorney to handle your automobile accident claim, look no further! I have known Steve Matz for more than 20 years. He successfully represented me in 2001 then again in 2019 following serious automobile accidents. He leads you step by step through the entire complex legal process. Put Steve Matz on your team to get the justice you deserve! The Matz team is a clear winner!” – Gary C.

Frequently Asked Questions About Michigan Car Accident Negligence Lawsuits

Do I Have to File a Lawsuit or Can the Case Settle?

Most Michigan negligence cases settle before trial. A lawsuit becomes necessary when the insurer denies liability or refuses a fair offer. We push for the right settlement first, then litigate if the carrier does not negotiate fairly.

How Much Is My Michigan Car Accident Negligence Case Worth?

Every case is different. Value depends on the severity of the injury, current and future medical costs, lost wages, the impact on your daily life, and whether your injuries clear the serious impairment threshold. A free consultation gives you an honest range based on your specific facts. Promises of a specific dollar figure before that review are not worth listening to.

What Does It Cost to Hire Matz Injury Law for a Negligence Claim?

You pay nothing up front, and you owe a fee only if your case results in a recovery. We charge a 22% contingency fee, which is 11 1/3% below the standard 33 1/3%. The consultation is free with no obligation.

Have Your Michigan Car Accident Claim Reviewed Before the Three-Year Deadline

The decision to sue a negligent driver in Michigan is a hard call, and the three-year clock is already running. Only a real review of the records can answer whether your injury clears the threshold, what your case is worth, and how the no-fault rules apply to your facts.

A free consultation with Matz Injury Law gives you that review with no obligation. We will tell you honestly whether we think your case can move forward, and if it can, we will handle it on a 22% contingency with no fee unless your case results in a recovery.

Call 866-226-6833 or fill out our online contact form to schedule a free consultation.