Key Takeaways
- A person driving under the influence of alcohol or drugs can significantly change your life if they cause an accident.
- The amount of compensation you could recover depends on several factors, including the severity of your injuries and whether they cause long-term or permanent disabilities.
- If a drunk driving accident took the life of a loved one, you can file a wrongful death claim.
If you have been a passenger in a vehicle involved in a drunk driving accident, you are likely facing significant financial challenges. Emotional trauma can further complicate the situation, making it difficult to resume everyday life. As expenses accumulate, insurance companies typically offer insufficient settlements to cover both immediate and future costs, creating financial burdens on people who are already suffering.
While you may not have had a choice in becoming a victim, you do have a choice in handling the aftermath. A Michigan car accident attorney at Matz Injury Law can guide you through the process of recovering the compensation you deserve for your drunk driving accident in Michigan.
Can Passengers Involved in a Drunk Driving Car Accident Get Compensation?
Yes, passengers involved in a drunk driving car accident can recover compensation from the at-fault driver, including the driver of the vehicle the passenger was riding in. However, recovering compensation for passengers who knowingly entered a vehicle with a drunk driver can be more complicated. You may be asked to explain whether you knew the driver was intoxicated and, if so, why you got into a vehicle with the driver.
Potential Passenger Blame for a Portion of the Crash
Aside from obtaining treatment from a medical provider, you will want to document the accident as much as possible. If you were a passenger in a car with an intoxicated driver, you must be prepared to explain why you got into the vehicle knowing the driver was drinking. In the event you are involved in a crash where the other car’s motorist was the intoxicated party driving over the legal limit for BAC, it is a good idea to attempt to find out where they had been coming from or where they had been drinking in the timeframe before the accident. Every bit of documentation you can obtain may strengthen your case against the at-fault party.
Pursuing Exemplary Damages
From a legal perspective, one thing you can do as an injured victim is to seek mental health treatment if you are particularly bothered by the fact a person chose to get behind the wheel after drinking and cause injury to you. This could help bolster your personal injury claim and open the door to exemplary damages to help compensate for things such as pain and suffering. Since Michigan does not have punitive damages, demonstrating exemplary damages is the only way to pursue compensation above actual physical injuries.
Obtaining Compensation in Michigan Car Accidents is Complex
As an injury victim in a Michigan car accident, you are entitled to specific benefits, including PIP. These include payments of medical bills, money to pay for help around the house if a doctor indicates necessity, nurse’s services, and other accident-related expenses. This seems straightforward, but navigating through the “order of priority” makes it more complex than other states.
To pursue additional compensation, you must be less than 50 percent at fault for the crash and meet a specific threshold for your injury. We’ll dig more into the insurance policy aspect of how it works in Michigan in the below sections.
Does Car Insurance in Michigan Cover Passengers?
Being that Michigan is a no-fault insurance state, if you suffer injury in a DUI accident, your insurance is the priority. Your PIP benefits outlined in your policy likely will have limitations, so you must find out what these are if you sustain an injury in the collision. Speaking to an experienced Michigan personal injury lawyer can help you work through the complexity of Michigan’s insurance laws.
What Happens If I Am an Injured Passenger in Michigan Without Insurance?
Michigan law regarding accident claims is difficult to navigate and follows the aforementioned order of priority when filing a claim. You first must attempt to collect no-fault benefits from your automobile policy. If you are uninsured, you file under your spouse’s policy. The third priority level is to file a claim under the policy of another relative who lives with you.
There are other ways to file a claim in Michigan, such as Michigan’s Assigned Claims Plan (MACP). We recommend you consult with an experienced car accident lawyer to discuss this and other potential courses of action you can take.
Can the Passenger of a Drunk Driving Accident Sue in Michigan?
Accident laws in Michigan are complex, but yes, as a passenger, you may be able to sue the drunk driver who caused your accident and is responsible for your injuries. Responsible parties aside from the drunk driver may include the vehicle’s owner, the driver’s employer (e.g., you are in a taxi where the driver had been drinking), or a bar/other entity under Dram Shop Law. Damages you can potentially sue for include:
- Pain and suffering
- Excess medical and wage loss benefits over your no-fault personal injury protection (PIP) cap
- Unpaid and overdue no-fault benefits
Some of these damages will be filed against the at-fault driver or other responsible party, but others will be directed toward the responsible insurance company. Your Michigan car accident attorney can help you with the difficulties of filing a car accident-related lawsuit. You must be able to prove you suffered severe impairment of bodily function.
What You Should Know About Michigan’s Comparative Fault Law
Michigan has what is called “comparative fault law.” Under this legal structure, the fault of an accident can be split up and does not have to be considered “equal.” This law essentially recognizes more than one person may be to blame for any injuries.
For instance, if you knew the driver had too much to drink and chose to get into the vehicle anyway, you can be assigned responsibility for your injuries. Another example is if you had supplied the alcoholic drinks to the driver, a court may find you liable in this scenario. If you did not know about drinking, you probably would not be assigned any percentage of blame.
In other words, if you were the passenger of the drunk driver, there is potential for you to be held partially at fault for your injuries if you had any knowledge of the drinking. This means if you are found to hold more than 50 percent liability for the drunk driving accident, you cannot pursue a case against the driver.
This area of Michigan law can be complex. We recommend you seek legal services to help in your Michigan car accident case.
Common Complications Passengers in a DUI Accident Can Face
Suppose you are a passenger who suffered injuries because the driver of the vehicle you were riding in crashed because they were drunk. In that case, you can generally recover compensation for your injuries. However, these types of cases have additional complications. Understanding your rights as a passenger is crucial for recovering compensation.
Some complications may include:
- Insurance companies want to disclaim coverage for a driver’s family members.
- You may experience reduced or dropped claims if you knew the driver was under the influence when you got into their vehicle. Some insurance companies will consider getting into a vehicle when you know the driver was drunk to be negligent behavior on your part.
- Whether you could refuse the ride or not, for example, a minor cannot refuse a ride.
- Whether another ride, such as rideshare, taxi, friend, or family member, was available.
- Multiple passengers may mean the driver’s insurance policy is not high enough to cover everyone.
Can I Receive Compensation for My Injuries as a Passenger in a Michigan Drunk Driving Crash?
As a passenger who suffers injury in a car crash, you may be able to recover damages from the liable parties. This option will largely depend upon the severity of injuries you suffer from that are directly related to the crash.
Medical Expenses
You are entitled to pursue compensation to cover medical expenses you incur due to the car accident. Examples include but are not limited to costs associated with doctor’s offices, hospitals, rehab centers, therapies, medications, and travel to and from locations where you receive healthcare services to help you recover from your injuries.
Lost Wages
If you are injured in an accident caused by a drunk driver, you may no longer be able to work in the capacity you used to, or you may need a long period of recovery. Wage replacement compensation can be pursued to help you replace your lost paychecks.
It is essential to understand that you cannot just pursue compensation from the at-fault party. Michigan’s no-fault benefits are the first avenue to pursue money to cover the cost of your injuries; then, you can look toward other avenues of compensation.
What Does a Settlement Payout Look Like in Michigan?
If a drunk driver injures you, your potential compensation will depend on several factors. A monetary value will not be automatically assigned to your case. The following factors are examined when determining the value of damages and losses.
- Severity of the injury
- Long-term effect
- Medical expenses
- Lost wages due to injury
Each case is unique, so there is no one-size-fits-all answer to what a settlement payout looks like in Michigan. You can schedule a free consultation with our legal partners to better understand your case.
Do You Need an Attorney After Being Hit By a Drunk Driver?
Passengers who are involved in drunk driving accidents often find the legal aftermath of a crash to be full of complications. This is aside from the criminal aspect involving blood alcohol content and any traffic violations. Working with an attorney who can investigate and analyze the case to protect you is essential.
The Michigan personal injury attorneys at Matz Injury Law can help clear up any confusion and educate you regarding your rights. Our knowledgeable lawyers are well-versed in Michigan accident law and can negotiate on your behalf.
We will also handle communications and negotiations regarding injuries and property damage with insurance companies. The insurance company may not want to compensate you and will do everything possible to avoid paying you or offer you an unfair or low settlement.
Why Choose Matz Injury Law for Your Passenger Injuries in a Drunk Driving Accident in Michigan
Drunk driving accidents are often complicated, especially if you are a passenger in a vehicle. Insurance companies will do everything to avoid paying claims, including considering you negligent for getting into the vehicle. An experienced DUI lawyer can guide you through recovering the compensation you deserve and provide legal advice and a strategy for going up against the insurance companies.
Testimonials
“Steve Matz was there when I needed him. Nobody expects to be a victim of a car accident but when I found myself in that situation it was overwhelming. Steve made everything easy. Steve did not accept the insurance Company’s first offer. He held out and got me a better settlement. Steve is very kind and professional. I highly recommend Matz Injury Law.” – Sharon K.
“If you’re looking for an attorney to handle your automobile accident/injury claims, then I highly recommend Steve Matz and his team! When I fractured my skull, he helped me settle my bodily injury claim in a timely manner! He was very attentive, professional, and cordial. It was easy to reach him if I had any questions.” – Alicia C.
“Jared Matz very professional made this process very easy we trusted him and he delivered, very easy to communicate with him and he made sure that we understand everything he went over every little detail and keeps you updated every step of the way. Thank you so much for getting the settlement as fast you did” – Doha A.
Additional Resources
- I Was in a Car Accident With a Drunk Driver. Am I at Fault?: Learn how insurance companies try to assign you negligence to avoid paying your claim.
- What to Do After A Car Accident Leaves a Passenger Injured: Any injured passengers should take steps to document the accident.
- How to Prepare for a Car Accident: You never know when someone else will cause a car accident. Being prepared can help your case.
- Is It Worth Hiring a Michigan Car Accident Lawyer?: A Michigan car accident lawyer can guide you through your claim and help you obtain the compensation you deserve—not the compensation the insurance company thinks you should receive.
Let Us Take the Wheel of Your Case
If you or a family member were a passenger in a drunk driving case, the attorneys at Matz Injury Law want to help. Protecting the rights of injured persons in Michigan is very important to our family-owned and operated law firm. We care deeply about our community and understand the fear and trauma you might be facing after your auto accident.
Matz Injury Law will investigate your case diligently. Your accident lawyer will provide sound legal advice based on their findings. Unlike insurance companies, we work for you and will always prioritize your well-being. Building a strong attorney-client relationship is our main priority, and we will work hard to see that, as an injured person, you get the care and compensation you need.
Call Matz Injury Law at 1-866-22Not33 or fill out our online contact form for a free consultation on your injury case. We proudly serve Ann Arbor, Grand Rapids, Lansing, and the rest of Michigan.
Frequently Asked Questions
In 2023, Michigan saw a total of 8,817 crashes involving alcohol. Of those, 272 were fatal crashes, with 297 fatalities. This is down from a total of 9,331 alcohol-involved crashes in 2022, which had 301 fatal crashes with 322 fatalities.
For most people, the legal limit (blood alcohol content, or BAC) is 0.08 percent. However, it can be as low as 0.02 if you are under 21 years of age or you have a suspended license because of a previous DUI. Even if you are below the legal limit, law enforcement can arrest you for DUI if you exhibit signs of not being able to handle a vehicle safely.
The legal limit for commercial drivers is 0.04 percent.
Michigan sets a three-year statute of limitations for injured victims of drunk driving accidents to file a lawsuit against the liable driver. It is important to try to file as soon as possible after the crash because three years is not as long as it seems. It takes time to gather evidence and assemble a strong case to hold the at-fault driver responsible for their negligent actions.
As a passenger involved in a serious car accident, you will likely receive some level of injury. Common types of injuries passengers in car accidents sustain include:
- Soft tissue: Soft tissue injuries are tricky because symptoms may not immediately surface, but the injury reveals itself over time. Pain can occur due to soft injuries, including strains, sprains, and tears. They may affect ligaments, muscles, and tendons and often impact certain nerves in the body as well.
- Neck injury: Common injuries that affect the neck include whiplash, pinched nerves, neck spasms, fractures, compressions, cervical spondylolisthesis, herniated discs, slipped discs, stiff muscles and tendons, and numbness.
- Back injury: Common injuries passengers are likely to sustain in a car crash include injuries to the lumbar spine and thoracic spine. Other problematic back issues can include spondylolisthesis, herniated discs, back strain, and discogenic pain.
- Wrongful death: Drunk driving accidents sometimes cause fatalities. Victim’s families can sue for wrongful death.
- Broken bones: Susceptible body parts include the legs, arms, wrists, ribs, and back, to name just a few areas where breaks and fractures in bones tend to occur.
- Traumatic brain injury (TBI) and spinal cord injury: TBIs and spinal cord injuries are serious injuries that cause permanent injury or disability to injured victims. These injuries not only affect the victims but also their family members since these types of injuries have a significant impact on a person’s physical and/or mental abilities.
Drunk drivers could face two court trials—one in the civil court for the damages they cause you and one in the criminal court for breaking the law. In criminal court, drunk drivers face the following penalties:
- Fines and fees: Fines of up to $500 if the BAC is 0.17 or less and up to $700 if the BAC is over 0.17. The drunk driver may have court fees and fees associated with obtaining an ignition interlock system and alcohol education classes.
- License suspension or revocation: A drunk driver could lose their license for up to a year, depending on the circumstances. Drivers also receive six points on their driver’s license.
- Jail time: If a driver’s BAC is under 0.17, they could spend up to 93 days in jail. If it is over 0.17, they could spend up to 180 days in jail.
- Community service: Up to 360 hours of community service.
Michigan no-fault insurance covers drunk driving accidents. In some cases, a plaintiff (you) may have to deal with more than one defendant, which means more than one insurance company. You may have a claim against a driver’s no-fault auto insurance and liability insurance and a claim against liability insurance for an establishment. You may also have a claim against a company’s insurance if the company knowingly hires someone with an alcohol problem.
No-fault insurance pays some medical expenses and lost wages. Liability insurance may pay for those expenses, losses, and more. Always check the terms of the drunk driver’s liability policy to verify whether his or her policy covers accidents caused by drunk drivers.
Yes, PIP benefits cover passengers who are Michigan residents if they are injured in a motor vehicle wreck. Non-residents who own a vehicle registered and insured in Michigan can also receive PIP benefits.
To obtain a police report for your accident, you will need your driver’s license number and a valid credit card.
- Visit the Traffic Crash Purchasing System. Click the “Continue” button and enter your driver’s license number, birth date, and the date of the wreck.
- Pay the $10 fee with a valid credit card.
- Download the crash report.
The police should provide you with the incident number at the accident scene. Keep a record of this, as you may need it later.
