What to Do After a Car Accident as an Injured Passenger in Michigan

Avatar for Seva Law Firm

Being involved in a car accident is stressful, but when you’re a passenger, the situation can feel even more overwhelming. You had no control over the vehicle, yet you may still suffer injuries that impact your health and daily life. Understanding the steps to take after an accident can help you protect your rights and ensure you receive the compensation you deserve.

Check for Injuries and Seek Medical Attention

Your health should be the top priority. If you or anyone else is injured, call 911 immediately. Even if your injuries seem minor, it’s important to get checked by a medical professional. Some injuries, such as whiplash or internal bleeding, may not be immediately obvious but can become serious over time.

Seeking medical attention also establishes a record of your injuries. This documentation will be crucial if you need to file an insurance claim or pursue legal action.

Gather Information at the Scene

If your condition allows, collect as much information as possible at the accident scene. This includes:

  • The names and contact details of all drivers involved
  • Insurance information for each driver
  • The vehicle makes, models, and license plate numbers
  • Contact information for any witnesses
  • Photos of the accident scene, including vehicle damage, traffic signals, and road conditions

Having this information will make it easier to file a claim and prove liability later on.

Report the Accident

In Michigan, accidents resulting in injury, death, or significant property damage must be reported to law enforcement. If the police arrive at the scene, they will create an accident report. Request a copy of this report, as it will be an essential piece of evidence in any legal or insurance claim.

If law enforcement does not respond to the accident, you should file a report with the nearest police department as soon as possible.

Notify the Insurance Companies

Michigan is a no-fault state, meaning each person’s own insurance typically covers their medical expenses regardless of who was at fault. However, as a passenger, you may be covered under different policies:

  • Your own auto insurance if you have a policy
  • The insurance policy of a household member
  • The insurance of the driver of the vehicle you were in
  • The policy of the at-fault driver

Filing a claim with the right insurer can be complex, so reviewing your options carefully is important. If you’re unsure which policy applies, an attorney can help clarify your coverage.

Follow Through with Medical Treatment

After the accident, follow all recommended medical treatments and attend follow-up appointments. Insurance companies may try to reduce your claim by arguing that your injuries aren’t severe or that you didn’t need medical care. Keeping records of doctor visits, prescriptions, and therapy sessions will strengthen your case.

Avoid Discussing Fault

As a passenger, you are rarely responsible for causing an accident. However, insurance adjusters and opposing parties may try to use your statements against you. Avoid discussing fault with drivers, witnesses, or insurance representatives. Stick to the facts when providing information, and never admit guilt or speculate about what happened.

Consider Consulting a Personal Injury Lawyer

If you suffer significant injuries, a personal injury lawyer can help protect your rights and ensure you receive the compensation you deserve. An attorney can assist by:

  • Identifying the insurance policies that apply to your case
  • Negotiating with insurance companies on your behalf
  • Gathering evidence to support your claim
  • Representing you in court if necessary

In Michigan, personal injury protection (PIP) benefits cover medical expenses, lost wages, and rehabilitation costs. However, if your injuries are severe, you may also have the right to file a lawsuit for pain and suffering against the at-fault driver.

Understand Michigan’s Statute of Limitations

Legal claims must be filed within a certain time frame. In Michigan, you generally have three years from the accident date to file a personal injury lawsuit against the at-fault driver. If you’re pursuing no-fault benefits, you must notify the insurance company within one year of the accident. Missing these deadlines could prevent you from receiving compensation.

Keep Detailed Records

Maintaining organized records can make the claims process easier. Keep copies of:

  • Medical bills and records
  • Accident reports
  • Correspondence with insurance companies
  • Receipts for out-of-pocket expenses related to your injuries
  • A journal documenting your pain, symptoms, and recovery progress

These documents will help support your case if you need to negotiate a settlement or take legal action.

Conclusion

Being injured as a passenger in a car accident can be a confusing experience, but taking the right steps can help protect your health and legal rights. Seeking medical attention, documenting the accident, notifying the appropriate insurance providers, and consulting with an attorney when necessary can ensure you receive the compensation you need for recovery. If you have questions about your case, speaking with an experienced Michigan personal injury lawyer can provide the guidance and support you need.