What to Know About Passenger Rights After a Michigan Car Accident

If you were a passenger in a vehicle involved in a crash in Macomb, Wayne, or Oakland County, Michigan’s no-fault system provides a specific framework for how you may receive benefits and what additional claims may be available. Passengers ordinarily are not responsible for the driving decisions that cause a collision, which can affect how fault and liability apply to their claims.

How PIP Benefits Work for Passengers

Michigan’s no-fault insurance system provides personal injury protection benefits for medical expenses, wage loss, and replacement services. For passengers, which insurer pays those benefits depends on the priority rules in MCL 500.3114.

Under MCL 500.3114(1), a passenger generally looks first to their own no-fault policy for PIP benefits. If the passenger does not have an applicable policy, coverage may be available through a policy covering a spouse or resident relative. If no applicable coverage is available through those sources, additional priority rules may apply depending on the circumstances, and benefits may be available through Michigan’s Assigned Claims Plan.

The priority analysis can be complex, particularly when multiple insurers may be involved or when the passenger does not own a vehicle. An attorney can help determine which insurer should receive the claim and whether the Michigan Assigned Claims Plan under MCL 500.3172 may apply.

Fault and Liability for Injured Passengers

Because passengers ordinarily do not control the driving decisions that lead to a crash, the comparative fault rule under MCL 600.2959 typically does not reduce a passenger’s recovery in the same way it might for a driver whose own conduct contributed to the collision. However, the specific facts of each situation determine how fault is analyzed.

When a passenger’s injuries meet the serious impairment threshold under MCL 500.3135, they may have grounds to pursue a tort claim against an at-fault driver for noneconomic damages such as pain and suffering. Whether a particular injury meets that threshold depends on the specific facts, including the nature and extent of the impairment and its effect on the passenger’s ability to lead their normal life.

A passenger may have a potential claim against the driver of the vehicle they were riding in, the driver of another vehicle involved in the crash, or both, depending on the circumstances. A passenger’s relationship to an at-fault driver does not necessarily prevent the passenger from pursuing a claim.

Practical Steps After a Crash

Seek medical attention promptly after a crash, even if injuries seem minor. Keep records of all medical visits, diagnoses, and expenses from the date of the crash forward. Michigan’s no-fault statute includes notice and filing requirements under MCL 500.3145 that affect a passenger’s ability to recover benefits, and the applicable deadlines should be evaluated carefully based on the specific facts of each situation.

If an insurer requests information or a recorded statement, understand which insurer is making the request and why. When coverage priority or liability is disputed, consulting with an attorney before providing a statement may help protect your legal interests.

If you were a passenger in a vehicle involved in a crash in Macomb, Wayne, or Oakland County and have questions about your legal options, our team may be able to help. To speak with a Michigan personal injury attorney, contact us today.

Sources:

• • MCL 500.3114
  • MCL 500.3135
  • MCL 500.3145
  • MCL 500.3172
  • MCL 600.2959