Injured in a Parking Lot Accident in Michigan: Who Pays?

What do I do after being injured in a parking lot accident in Michigan?

Do not dismiss a crash just because it took place in a parking lot. Low speed crashes can still cause neck, back, shoulder, head, knee or pedestrian injuries, and the insurance questions can be more complicated than the damage photos suggest.

Like many Michigan accident claims, a parking lot crash may involve no-fault Personal Injury Protection (PIP) benefits for economic losses and a separate third-party claim for pain and suffering, excess medical expenses or major wage loss not covered by PIP.

After receiving medical attention and alerting the police, the first step is identifying the right claim or lawsuit plan. No-fault PIP benefits are different from a third-party bodily injury claim. Both are different from vehicle damage, property protection insurance, collision coverage and mini tort issues.

If you slipped on ice, tripped over a pothole, fell because of poor lighting or were hurt by another dangerous property condition without a motor vehicle crash, the case may be a premises liability or slip and fall claim instead of a no-fault claim.

Does Michigan no-fault cover parking lot accidents?

Yes. Michigan no-fault can apply to parking lot crashes by the same standard as crashes that take place on the road. Personal Injury Protection (PIP) benefits apply when a person suffers bodily injury that happens as a result of someone owning, operating, maintaining or using a motor vehicle as a motor vehicle.

That means PIP is applicable without first proving who caused the crash, even if the other driver is actively disputing fault. But which insurer pays for PIP benefits can depend on several different factors. That may include the policies in effect at the time of the accident, household coverage, whether the injured person was a driver, passenger or pedestrian, whether the injured person was occupying a vehicle, whether the injured person was operating an uninsured vehicle and whether a parked vehicle was part of the injury.

PIP benefits are meant to help an injured person recover economic losses related to the injury. This may include medical expenses, wage loss, replacement services and related benefits, subject to policy limits, statutory limits, exclusions, opt-outs and coordination issues. If medical bills are already being delayed, denied or routed to the wrong company, Michigan Legal Center's article on delayed no-fault medical bills explains that related problem in more detail.

Who pays medical bills after a parking lot crash?

Medical bills after a Michigan parking lot injury usually start with a review of no-fault PIP policies. It isn’t as simple as saying the other driver pays. The correct insurer may depend on PIP priority rules, available policies, exclusions, opt-outs, whether the person was occupying a vehicle and whether an applicable insurer can be identified.

For many injured people in this scenario, the first place to look is their own no-fault policy or a resident relative’s policy. Special rules can apply to passengers in certain commercial or transportation vehicles, employees in vehicles owned by employers, motorcycle crashes and people who do not have available coverage through those sources.

The rules can be different if the injured person was a pedestrian. In many cases, PIP claims for someone outside the car during the accident may be handled through the Michigan Assigned Claims Plan under MCL 500.3115. However, that usually applies only if the person does not have available coverage under MCL 500.3114(1).

Fault may still matter outside of PIP benefits. If another driver is at fault and the injury meets Michigan's motor vehicle tort rules, a third-party bodily injury claim may address pain and suffering, excess economic losses or other noneconomic losses. Under MCL 500.3135 third-party claims are generally limited to cases involving death, serious impairment of body function or permanent serious disfigurement.

For a deeper explanation of how medical bills are sorted after a Michigan crash, see Michigan Legal Center's guide to who pays medical bills after a Michigan car accident.

Does fault matter in a parking lot accident?

Yes. Fault does not affect PIP claims but can affect a third-party bodily injury claim, comparative fault, property damage and insurer negotiations.

Evidence may be needed to determine fault and whether it affects the claim. Important facts may include:

• whether a vehicle was backing out of a space
• whether another vehicle was already moving through a lane
• stop signs, yield signs, lane arrows or marked pedestrian areas
• speed, distraction, lighting, weather and visibility
• damage patterns and final vehicle positions
• witness names, store incident reports and security camera footage

Under MCL 600.2959, comparative fault can reduce damages. If the injured person's fault is greater than the combined fault of the other parties, it may bar them from collecting noneconomic damages. Do not assume one piece of evidence determines the outcome of the claim.

What if someone hit your parked car?

If someone hit your parked car and no one was injured, the main issue is usually property damage. That may involve property protection insurance, collision coverage or a mini tort claim.

If the damage is not fully covered by insurance, Michigan's mini tort law may allow a claim for up to $3,000 for vehicle damage from a motor vehicle accident, depending on fault and coverage.

Property protection insurance does not cover vehicle damage in every situation. If the car was parked in a way that it created an unreasonable risk of the damage that occurred, then under MCL 500.3123, damage to the vehicle and its contents may be excluded from property protection insurance.

The claim may involve more than vehicle damage issues if someone was hurt in or around the parked vehicle. A parked vehicle injury is not automatically covered by no-fault, but a person hurt while sitting in, entering or exiting a parked vehicle, or because a parked vehicle created an injury risk, may qualify for no-fault benefits.

Work related injuries can add another layer of complexity because workers' compensation may affect the parked vehicle analysis.

Read the Michigan Legal Center guide to Michigan mini tort claims for vehicle damage questions.

What if a car hit you while you were walking in a parking lot?

A pedestrian hit by a motor vehicle in a Michigan parking lot may have both a PIP claim and a third-party claim. Determining which insurer pays the PIP benefits may depend on priority rules, available household coverage and whether the Michigan Assigned Claims Plan applies.

The Assigned Claims Plan can involve application requirements, insurer disputes, special benefit limits and deadlines.

The third-party claim is separate. It depends on fault evidence, injury severity, available insurance and Michigan's motor vehicle tort rules. The outcome of pedestrian accident claims in parking lots can change based on video, lighting, crosswalk markings, blocked sight lines and witness statements.

For more information about pedestrian injury claims, read more about Michigan Legal Center's Michigan pedestrian accident attorneys.

What if the driver leaves the parking lot after hitting you?

A parking lot hit and run can create urgent insurance and evidence issues. If the driver leaves, try to remember or record the license plate number, vehicle description, video locations, witness names and any reports made by the parking lot owners or occupants. Do not rely on a business to save video unless a preservation request is made quickly.

A hit and run crash may still involve no-fault PIP claims or third-party claims depending on the facts of the case. If no applicable PIP insurer can be identified, the Michigan Assigned Claims Plan may become relevant.

For more information about hit and run crashes, read more about Michigan Legal Center's Michigan hit and run accident attorneys.

Can uninsured or underinsured motorist coverage matter in a parking lot hit and run?

Yes. If the driver leaves, cannot be identified, has no insurance or does not have enough insurance, uninsured motorist or underinsured motorist coverage may matter. This coverage is separate from no-fault PIP benefits and depends on the exact policy language.

Do not assume there is no claim just because the driver left the parking lot. Save your auto policy, declarations page, claim letters, photos, camera locations, incident report details, witness names and any description of the vehicle or license plate. A Michigan Legal Center attorney can review if you are eligible for PIP benefits, uninsured motorist coverage, underinsured motorist coverage or another claim.

What if the parking lot injury was caused by ice, a pothole or unsafe property?

No-fault benefits may not apply if the injury was caused by something other than an accident. A parking lot fall caused by ice, snow, a pothole, broken pavement, poor lighting, missing warnings or another unsafe property condition may be a premises liability claim.

That kind of case relies on different standards of proof than a no-fault claim. Important questions may include who controlled the property, what the hazard was, how long it existed, whether the property owner acted reasonably, whether the injured person shares fault and whether video or maintenance records can be preserved.

In Michigan, a hazard being open and obvious does not automatically decide the outcome of a claim. But it may have an impact on whether the property owner acted reasonably and whether the injured person was comparatively at fault.

For more information about dangerous property claims, read more about Michigan Legal Center's Michigan premises liability attorneys and Michigan slip and fall attorneys.

How long do you have to act after a Michigan parking lot crash?

Timing is important in cases like these for more than one reason. Evidence can disappear within days or weeks, especially parking lot video. Insurance deadlines can also affect the claim.

Under MCL 500.3145, a lawsuit for PIP benefits generally cannot be started more than one year after the accident unless written notice of the injury was given to the insurer within one year or the insurer already paid PIP benefits. Lawsuit timing, tolling and the one year back rule can also affect what PIP benefits are recoverable.

A third-party injury claim usually has different timing than a PIP claim. Many Michigan injury claims have a three year deadline. Government property, public vehicles, schools or municipal parking lots may involve shorter notice rules, governmental immunity issues or special deadlines.

What evidence should you save after a parking lot accident?

If anyone is hurt, call 911 and follow emergency instructions. Michigan law requires reporting certain crashes, including crashes involving injury, death or apparent property damage of $1,000 or more.

If it is safe, preserve what you can before vehicles move, memories fade or video is overwritten:

• photos of vehicle positions, damage, debris and license plates
• wide photos showing parking spaces, lanes, signs, arrows, crosswalks, entrances and exits
• lighting, weather, snow, ice, glare or obstruction details
• names and phone numbers for witnesses
• an incident report from the store, apartment complex, office, school or business
• camera locations and who may control the video
• medical records, discharge papers, bills and work restrictions
• insurance letters, claim numbers, text messages, emails and repair or towing documents

Be careful with recorded statements, broad medical authorizations, quick releases and early fault labels before you know which type of claim you can file.

Talk to Michigan Legal Center about a parking lot injury claim

Michigan Legal Center can review the parking lot evidence, identify possible PIP insurers, separate the PIP claim from a possible third-party bodily injury claim, evaluate fault allegations and request or preserve video and incident reports. Our attorneys can also determine whether a vehicle damage issue belongs on the mini tort path or whether an unsafe property condition should be reviewed as a premises liability claim.

If you were hurt in a parking lot crash, contact Michigan Legal Center or read more about our Michigan car accident attorneys.