What is the average car accident settlement in Michigan?

There is no reliable average you can apply to your case. Injuries, recovery time, lost pay, fault, proof, and insurance differ for every person.

Is there a formula or calculator for a Michigan car accident case?

No. A calculator cannot judge your medical records, future needs, lost income, fault, insurance, or how the injuries changed your life.

Do medical bills determine what my case is worth?

No. Medical bills are only one part of the case. They do not show future care, lost income, pain and suffering, changes in daily life, fault, or insurance.

What if I was partly at fault for the crash?

Being partly at fault may reduce what you can recover. If you were more than 50% at fault, you cannot recover pain and suffering damages. Do not assume a ticket or early police report settles the fault question.

How do I know whether a settlement offer is fair?

Compare the offer with your injuries, lost income, future needs, insurance, and the rights the release would end. Michigan Legal Center can explain whether important losses or claims may be missing.

What Is My Michigan Car Accident Case Worth?

There is no set dollar amount for a Michigan car accident case. It depends on your injuries, how they affect your life and work, who caused the crash, what the records prove, how much insurance is available and whether you will need more medical care.

A settlement offer is not your case's value. It is a proposal asking you to drop your claim or claims for a set amount of money to avoid a verdict or judgement delivered in a courtroom. Before signing any offer, make sure it considers every injury and loss you can prove and know which rights the release would end.

What Does “Case Value” Mean?

A case’s estimated value is an estimate based on the facts of the case, Michigan law, the insurance and the proof available. It is not a guarantee of how much you can get in a settlement, it is not limited by whatever the first offer from an insurer is and it can be affected by policy limits.

One crash could involve multiple types of claims:

No-fault personal protection insurance benefits can pay for medical bills, lost wages and help with needs at home like attendant care at home. Michigan Legal Center's guide to who pays medical bills after a Michigan car accident explains how the correct insurer is found.
A third-party claim against the at-fault party may include pain and suffering and financial losses PIP does not cover, in some cases.
An uninsured or underinsured motorist claim may help if the at-fault driver has no insurance or not enough insurance and you bought this coverage. This also applies to hit and run cases.

Making multiple claims could mean multiple settlements, and accepting one offer could prevent you from proceeding with other claims. Michigan Legal Center can explain what the offer covers and what you would give up before you sign.

Why Can't an Average Settlement Tell Me What My Case Is Worth?

Averages leave out the facts that matter most. One person may heal in a few weeks. Another may need surgery, miss months of work or live with permanent limits. Even similar injuries can lead to very different cases.

Online calculators have the same problem. They cannot tell whether the crash caused the injury, what care you may need, how much work you may miss or how much insurance is available.

Michigan law does not use a “medical bills times three” rule or a price list for injuries. Past results are not a price list either. Your records, losses and insurance must be considered.

What Can Raise or Lower the Value of My Case?

The main questions are:

How serious are the injuries, and are they expected to heal?
Will you need more treatment or live with lasting limits?
How have the injuries affected your work, pay, home life, and normal activities?
Do the medical and wage records support those losses?
Do the records clearly connect the injuries to the crash?

Michigan only allows pain and suffering damages after crashes that caused death, permanent serious disfigurement or serious bodily function impairment that changes a person’s ability to live normally. Meeting this standard may allow a pain and suffering claim, but it does not put a price on the case.

A prior medical condition does not automatically ruin your case. The question is whether the crash caused a new injury or made the old condition worse. Michigan Legal Center's guide to preexisting injuries after a Michigan car accident explains why earlier records matter.

How Do Fault and Proof Affect What My Case Is Worth?

You need proof of three basic things; who caused the crash, how the crash caused or worsened your injuries and how much you lost because of those injuries.

In a third-party claim, your recovery can be reduced by your percentage of fault. Under MCL 600.2959, a person who is more than 50% at fault cannot recover noneconomic damages, such as pain and suffering. Economic damages may still be reduced by that person's percentage of fault. The full evidence should be reviewed before anyone assumes a ticket or early fault decision decides the outcome of a case.

Helpful proof may include:

crash reports, photographs, video, and witness names
vehicle data or expert review when needed
medical records, scans, test results, and the doctor's outlook
work restrictions and wage records
statements and records showing how your daily life changed

A case can’t be proven by a single record. A stronger case has records and witnesses that tell the same clear story about the crash, the injuries and the losses.

How Does Insurance Affect What I Can Recover?

Even a strong case can run into insurance limits. A policy limit is not the value of your case, and it does not guarantee payment.

For auto policies issued or renewed after July 1, 2020, Michigan's default bodily injury liability limits are $250,000 per person and $500,000 per accident. But MCL 500.3009 allows drivers to choose lower limits of at least $50,000 per person and $100,000 per accident if they complete the required form.

If your injuries and losses may be greater than the available insurance, our attorneys can check for UM/UIM coverage, umbrella policies, business insurance and other people or companies that may be responsible. An insurance card does not show every source of coverage. Michigan Legal Center's guide to Michigan UM/UIM coverage explains more.

How Can I Tell Whether a Settlement Offer Is Fair?

You need more than the dollar amount to judge an offer. You need to know what it covers and what you will give up by accepting it.

Before you accept, ask whether:

enough is known about your injuries, future care, work limits and recovery
your medical records and wage records show the full loss
the crash evidence shows who was at fault
every possible insurance policy and responsible party has been checked
the release clearly says which claims and future rights will end

The Michigan Judicial Institute explains that settlement agreements are binding contracts. Once you sign a settlement and release, it can be difficult to undo.

You do not have to figure this out alone. Contact Michigan Legal Center before accepting an offer or signing a release. Our attorneys can review your records, investigate the crash, find all available insurance, separate the claims, and explain what the release would end. You get the full picture before deciding whether the offer is fair.

Michigan Legal Center is the Law Offices of Christopher J. Trainor & Associates.