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How Does No-Fault Insurance Impact a Truck Accident Claim in Detroit


— April 1, 2022

Michigan is a no-fault state, which allows you to recover damages no matter who caused the accident, but you might also need to sue the other party if your insurance doesn’t cover all your losses. 


Detroit, MI – 2020 will be remembered as the year the pandemic started and people were told to stay home as much as possible. Although there was considerably less traffic, the number of crashes was even higher than in the previous years. Truck accidents are the most dangerous of all crashes as they often result in severe injuries or deaths. In Michigan, there were 11,864 truck accidents in 2020, with almost 100 people killed and over 2,000 injured. 

If you were recently injured in such a crash, you need to contact seasoned Detroit truck accident lawyers right away, especially if you have sustained severe injuries and have substantial losses to recover.

Michigan is a no-fault state, which allows you to recover damages no matter who caused the accident, but you might also need to sue the other party if your insurance doesn’t cover all your losses. 

How does no-fault insurance work?

Under Michigan law, all drivers in the state law must purchase no-fault automobile insurance. If you are injured in a truck accident, your Personal Injury Protection (PIP) will pay all reasonable and necessary medical expenses (for the rest of your life if need be) up to the maximum coverage amount selected in your policy. PIP will also compensate you for your lost wages and replacement services for up to three years after the date of the accident. Depending on the type of policy you have purchased, you may have unlimited coverage, but you might also have minimum coverage of $50,000, which will definitely not be enough to compensate you if you sustain severe injuries.

How can a truck accident lawyer help?

If you were left with severe injuries, you need to talk to the best Michigan truck accident lawyers you can find and you must do it quickly. If your no-fault insurance policy does not cover your damages, you will have to sue the party at fault. In a truck accident, you may have multiple liabilities. 

If the accident was caused by a traffic rule violation committed by the trucker (such as speeding, distracted driving, drunk driving, etc), he will be responsible for the additional damages not covered by your no-fault insurance.

On the other hand, if the accident was caused by a mechanical malfunction, you may have a case against the trucking company. They are required by law to maintain their vehicles in good condition and they can be held accountable for failure to do so.

Mechanic working on car; image by DokaRyan, via Pixabay.com.
Mechanic working on car; image by DokaRyan, via Pixabay.com.

No matter who you want to sue, you will need evidence and this is the main reason you must hire a good lawyer as soon as possible. Your lawyer will investigate the crash, call in technical experts if necessary, and will send a notification letter to the trucking company formally asking them to preserve any documents relevant to the crash, such as the driver’s log or truck maintenance records. 

In Michigan, the statute of limitations for filing a truck accident lawsuit is three years from the date of the crash. If you lost someone in a truck accident, the three years period runs from the date that person died.

If you were recently involved in an accident or have other legal issues and you’re wondering where can I find attorneys near me, don’t worry, help is just a few clicks away. Just follow the link and select your state and city, choose your lawyer, and schedule a free consultation. They’ll take care of your problem in no time.

Source: Michigan State Police Department – 2020 Year End Traffic Crash Statistics

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