Can I bring a passenger injury claim in Michigan if I was not driving?

Yes, depending on the facts. A passenger may have a no-fault/PIP claim for medical bills and certain benefits and may also have a separate third-party injury claim if an at-fault driver caused the crash and Michigan's legal requirements are met.

Does the at-fault driver's insurance pay a passenger's medical bills?

No, being at fault does not automatically make that driver’s insurer responsible for your PIP benefits. Michigan no-fault priority rules may point to a different insurer for PIP benefits. Fault and PIP priority are separate questions, so an attorney should review the policies and facts before assuming which insurer pays.

Can I sue the driver of the car I was riding in?

Yes, if that driver caused the crash and the requirements for the damages you seek are met. Pain and suffering requires a qualifying injury; a Michigan resident’s excess economic loss claim has different requirements.

What if more than one driver caused the crash?

A passenger claim may involve more than one at-fault driver. Counsel can review the police report, witness evidence, vehicle damage, insurer positions and medical records to determine which parties and insurers should be involved.

Is a Michigan no-fault passenger claim the same as a lawsuit?

No. You can request PIP benefits without filing a lawsuit. If the insurer disputes or fails to pay benefits, a PIP lawsuit may be needed. A third-party claim against an at-fault driver is separate.

How long do I have to file a passenger injury claim in Michigan?

Deadlines can be strict. PIP claims may involve written notice, lawsuit timing, one-year-back rules and tolling issues. Third-party injury claims may involve different deadlines. An injured passenger should have the timing reviewed as early as possible.

What if I do not have my own car insurance?

You may still have options. Depending on the facts, a passenger may look first to their own no-fault policy, a spouse’s policy or a resident relative’s policy. If no applicable coverage is available, the Michigan Assigned Claims Plan may need to be reviewed. Eligibility and priority should be reviewed quickly.

Passenger Injury Claims After Car Accident

What Happens if I was Injured as a Passenger in a Michigan Car Accident?

As a passenger, you might be wondering if you still qualify for auto insurance benefits after a crash. Don’t worry; you likely have multiple options. You might be able to pursue a no-fault claim or a separate injury claim against an at-fault driver depending on the facts of the case.

Do passengers have their own injury claims?

Yes. A passenger’s claim may be separate from their driver’s depending on the facts of the case. The passenger may need to identify which insurer will be responsible for handling their personal injury protection (PIP) claim.

Determining fault is a separate issue from PIP claims and may not determine who is responsible for a passenger’s medical bills. A passenger may need to determine fault for a third-party injury claim, but PIP priority is usually governed by Michigan no-fault priority rules, available policies and the facts of the crash.

Who pays a passenger's medical bills after a Michigan crash?

Determining who pays for a passenger’s medical bills can be a complicated question. The answer can depend on Michigan no-fault priority rules, the available policies, the vehicle involved, household coverage, exclusions and other facts.

Under MCL 500.3114, many passengers look first to their own no-fault policy or applicable coverage through a spouse or resident relative. If no applicable coverage exists, an eligible passenger may need to apply through the Michigan Assigned Claims Plan. Special rules can change the result for certain passenger-transport and employer vehicles.

An attorney can review the passenger's household auto coverage, the involved vehicle's coverage, any rideshare or commercial coverage, health insurance coordination issues and insurer letters before a wrong claim position creates delay.

For a broader discussion, read Michigan Legal Center's guide to who pays medical bills after a Michigan car accident.

Can a passenger sue the driver who caused the crash?

Yes. A passenger may have a third-party injury claim against an at-fault driver. Michigan’s injury threshold applies to pain and suffering and other noneconomic damages. A Michigan resident’s claim for excess economic losses has different requirements. Depending on the facts, potentially responsible parties could include the driver of the passenger’s vehicle, drivers of other vehicles, a vehicle owner or another party.

Under MCL 500.3135, there are standards that need to be met to sue for pain and suffering or other noneconomic losses. Claimants will need to prove death, serious impairment of body function or permanent serious disfigurement.

Michigan law defines ‘serious impairment of body function’ as an objectively manifested impairment of an important body function that affects the person’s general ability to lead their normal life. An objectively manifested impairment is one that someone other than the injured person can observe or perceive from actual symptoms or conditions.

Depending on the facts, a third-party claim may also involve excess economic losses or other damages allowed by Michigan law.

Medical records, imaging, work restrictions, treatment history, scarring, daily-life changes and crash evidence may all matter.

What if the driver was a friend or family member?

It is common that a passenger may not want to bring a claim against a friend, parent, spouse, sibling, coworker or other person they know. Filing a claim against the driver is not a personal attack.

Michigan Legal Center can review the policies, fault evidence, household relationships, releases and claim options before the passenger assumes they must choose between medical bills and the relationship.

In many cases, the claim is focused not on the driver, but on insurance coverage and related legal responsibility. That does not mean coverage is guaranteed, and it does not mean every claim is simple.

What if the passenger was in an Uber, Lyft, taxi or work vehicle?

Rideshare, taxi, commercial and work-vehicle crashes can create additional complications when dealing with insurance.

Under MCL 500.3114, an employee injured while occupying an employer-owned or employer-registered vehicle generally receives PIP benefits from that vehicle’s insurer. Taxi and rideshare passengers generally look first to applicable household PIP coverage, but the vehicle’s insurer may be responsible if no other PIP policy applies.

This means that attorney review is important in cases like this to determine which statutes, insurance policies and priority rules apply. If the crash involved Uber, Lyft or other rideshare organizations, read Michigan Legal Center's article on Michigan Uber and Lyft accident claims.

What evidence should an injured passenger save?

Evidence is important in any case involving an injury claim. Save what you already have, including basic records, without attempting to determine legal priority.

Possible evidence includes:

crash report or incident number
driver and insurance information
photos of vehicles and the scene
photos of injuries
names and contact information for witnesses
medical records and discharge papers
ambulance or emergency room records
text messages about the ride or crash
rideshare trip receipt or app screenshots, if applicable
work schedule or missed-work records
insurance letters
any recorded-statement requests from insurers

These records can help counsel separate the PIP claim from the third-party injury claim and identify which insurer or party should be contacted.

What should I avoid while filing a passenger injury claim?

Before legal review, an injured passenger should avoid steps that could hurt the claim, including:

assuming the driver's insurer is the only possible source of benefits
giving a recorded statement without legal advice
signing a release too early
minimizing symptoms to doctors
skipping medical treatment
posting detailed crash or injury claims online

Avoiding these mistakes can help prevent delays, coverage disputes or statements that make the claim harder to prove.

Why does fast attorney review matter?

Passenger claims can involve multiple insurers, fault disputes between drivers, PIP priority questions, treatment records and other deadlines.

Generally, under MCL 500.3145, you must file a PIP lawsuit within one year after the crash unless the insurer received proper written notice of the injury or has already paid PIP benefits for it. If either exception applies, a lawsuit generally must be filed within one year after the most recent covered expense or loss, and recovery generally cannot reach losses incurred more than one year before filing. A specific claim for payment can pause those later time limits until a formal denial if you pursue the claim with reasonable diligence.

How can a Michigan car accident attorney help?

If you were hurt as a passenger in an accident, get medical care, keep the records you have and get legal review before assuming one insurer has the whole answer.

Michigan Legal Center: the Law Offices of Christopher J. Trainor & Associates offers free consultations for injured passengers across Michigan. Contact Michigan Legal Center to discuss your passenger injury claim after a Michigan car accident.

A Michigan Legal Center attorney can help you review the crash facts, policies, medical records, insurance letters and evidence before a passenger signs a release or gives a detailed statement.

Michigan Legal Center can also help you: