Michigan Government Vehicle Accident Lawyer
What changes when a Michigan state or local government vehicle hits you?
When a government-owned vehicle is involved in a crash, different laws and procedures can apply, making the case more complicated than an average auto accident. Depending on the vehicle's owner, driver, and status, Michigan's governmental motor-vehicle exception may allow a lawsuit despite governmental immunity.
Personal injury protection (PIP) benefits may also be available, depending on the circumstances.
Who owned and operated the government vehicle?
Markings such as a city seal, department name, public license plate, uniform, or emergency light may help identify the vehicle. They do not, however, identify the owner or the driver's employer.
An investigation may need to verify:
- the registered and titled owner of the vehicle
- the driver and the driver's employer
- the city, county, township, authority, school system, or State department involved
- whether the driver was an employee, agent, contractor, or volunteer
- the vehicle's assignment and purpose at the time of the crash
- whether a private company owned, leased, maintained, or operated the vehicle
Under MCL 257.37, a person or entity that rents a motor vehicle or has exclusive use of it for more than 30 days may qualify as an owner.
A private ambulance or contractor truck does not become a government vehicle simply because it performs public work. One crash can involve a public entity, private employer, vehicle owner, maintenance provider, and several insurers.
Michigan Legal Center's commercial vehicle accident page covers the broader business and fleet category.
Can you sue a Michigan government agency after a vehicle crash?
Yes, depending on the circumstances. Under Michigan law, governmental agencies generally are immune from tort liability when they are performing governmental functions. However, under MCL 691.1405, an agency may be liable when an officer, agent, or employee causes bodily injury or property damage by negligently operating a motor vehicle the agency owns.
That rule centers on four questions:
- Did the government agency own the vehicle?
- Was an agency officer, agent, or employee operating it?
- Was the operation negligent?
- Did that negligence cause the injury or property damage?
The agency and the individual driver are evaluated under different statutes. MCL 691.1405 provides an exception to governmental immunity for bodily injury or property damage caused by the negligent operation of an agency-owned motor vehicle. MCL 691.1407 separately addresses whether an individual government officer, employee, or volunteer is immune.
What changes if a police, fire, or ambulance vehicle was responding to an emergency?
Michigan's Vehicle Code, MCL 257.603, gives authorized emergency vehicle drivers specified privileges during an emergency call or pursuit, subject to statutory conditions. Those privileges can include parking in certain places, proceeding past a red signal after slowing as necessary for safe operation, exceeding a speed limit without endangering life or property, and disregarding some movement rules.
Those privileges do not, by themselves, determine fault or immunity.
On the immediate approach of an authorized emergency vehicle using the lights and audible signal required by MCL 257.653, other motorists must yield. They must pull as close as possible to the right-hand edge or curb, clear of an intersection, and stop until the emergency vehicle has passed. The emergency driver is still required to drive with due regard for the safety of everyone using the highway.
Important facts include whether the vehicle qualified as an authorized emergency vehicle, what response was underway, whether lights and siren were used, speed, route, intersection controls, visibility, and the actions of every driver. If the crash happened because of a chase rather than direct contact with a police vehicle, Michigan Legal Center's Michigan police pursuit crash guide can help.
How are PIP benefits different from a claim against the government?
For a person who is eligible, PIP benefits are due without regard to fault. A claim under Michigan's governmental motor-vehicle exception requires proof of negligent operation and causation.
Under MCL 500.3105, PIP benefits may be available for qualifying injuries resulting from the ownership, operation, maintenance, or use of a motor vehicle, subject to Michigan's No-Fault Act. Which insurer pays the benefits depends on priority and coverage rules.
To recover noneconomic damages in a third-party auto claim, an injured person generally must have suffered death, serious impairment of body function, or permanent serious disfigurement under MCL 500.3135.
In some cases, a claim for PIP benefits and a third-party claim may both apply. Michigan Legal Center's guide to which insurer should pay PIP benefits explains the detailed insurance-priority question.
Why is there no single deadline for every government vehicle claim?
The public entity and type of claim determine where and how a claim must be filed and which notice rules apply. A claim involving a State department may not follow the same procedure as one involving a city, county, township, or local authority.
For covered personal-injury or property-damage claims against the State of Michigan, MCL 600.6431 sets a six-month filing rule. The claimant generally must file a written claim or notice with the clerk of the Court of Claims within six months after the event. The filing must identify the time and place, the nature of the claim and claimed damages, and the State entity involved. It also must include the claimant's signature and verification before an officer authorized to administer oaths.
Reporting a crash to an agency or administrator is not the same as complying with every legal notice, filing, or limitations requirement. Do not rely on a general deadline found online or assume that an insurance report covers every required legal step.
What government vehicle evidence should be preserved?
At the scene of any crash, safety is the first priority. Call emergency services if needed and get any needed medical care. If it can be done safely, save the evidence already available to you, including:
- photographs or video of the vehicles, damage, positions, roadway, signals, signs, and weather
- agency names, logos, license plates, unit numbers, and other markings
- the police or incident number and names of responding departments
- witness names and contact information
- nearby business, traffic, doorbell, or vehicle cameras you observed
- insurance papers, medical documents, receipts, and crash-related messages
- original dashcam, phone, or other digital files without editing them
Some important evidence may be held by government agencies, contractors, or vendors. Depending on the crash, a lawyer may seek:
- dispatch, radio, emergency call, and run records
- dashcam, body-camera, GPS, and telematics data
- incident and supervisor reports
- driving policies and training materials
- maintenance, repair, contract, and vendor records
Michigan's Freedom of Information Act may allow a person to inspect or obtain copies of most public records held by a public body when a written request sufficiently describes the records sought. Exemptions, procedures, and fees may apply.
A FOIA request is not the same as sending a preservation demand, litigation hold, formal claim notice, or filing a claim. It also cannot guarantee that a record exists, remains available, or must be disclosed.
How can Michigan Legal Center help after a government vehicle crash?
A Michigan Legal Center attorney may be able to:
- verify the vehicle owner, driver, employer, government entity, assignment, and any private contractor
- separate the PIP claim from any supported claim against a public entity or another responsible party, then identify the applicable notice and timing rules
- seek and preserve available video, dispatch, vehicle, policy, maintenance, contract, and insurance evidence
- communicate with agencies, administrators, and insurers and prepare supported claims for negotiation or litigation
Michigan Legal Center trial attorneys Amy DeRouin, Sharbel Massoud, and Jon Abent obtained a $5.2 million Wayne County jury verdict for a teacher who was rear-ended by a Detroit Water and Sewerage Department van. Past results do not guarantee future outcomes; every case depends on its facts and law.
Contact Michigan Legal Center to discuss what happened, what vehicle was involved, and what steps may be appropriate.