Michigan No-Fault Insurance Does Not Eliminate Pain and Suffering Claims

Many people in Michigan mistakenly believe that Michigan's no-fault insurance system prevents them from suing an at-fault driver after a crash. In reality, no-fault benefits and pain and suffering claims are two separate rights. As summer traffic becomes busier in places like Elmwood township and Garfield township, it is important to understand your rights after an accident.

No-fault benefits, also known as Personal Injury Protection (PIP) benefits, are paid by your own insurance company regardless of who caused the accident. These benefits can help cover medical expenses, lost wages, and certain other economic losses.

Pain and suffering damages are different. These damages are sought from the at-fault driver and compensate injured victims for physical pain, emotional distress, loss of enjoyment of life, and other non-economic harms. To recover pain and suffering damages, an injured person must show that another driver was at fault and that the injuries meet Michigan's legal threshold for a serious impairment of body function, permanent serious disfigurement, or death.

For example, if a driver in Elmwood Township is seriously injured by a distracted or negligent driver, they may receive no-fault benefits from their own insurer while also pursuing a pain and suffering claim against the driver who caused the crash.

The bottom line is simple: Michigan's no-fault system provides important insurance benefits, but it does not prevent injured victims from seeking compensation for pain and suffering when another driver's negligence causes a serious injury. Contact us at 231-486-6556 for more information.