How is fault determined in a Michigan car accident case?

Coverage for a rideshare crash depends on what the driver was doing at the moment of impact. Uber and Lyft policies are structured around three coverage phases:

• Phase 1 — App off. The driver is not logged in. Only the driver's personal auto insurance applies.
• Phase 2 — App on, waiting for a ride. Uber and Lyft provide limited contingent liability coverage (typically $50,000/$100,000 bodily injury and $25,000 property damage), often only after the driver's personal insurer denies the claim.
• Phase 3 — Trip accepted or passenger on board. Uber and Lyft maintain a $1,000,000 third-party liability policy, plus uninsured/underinsured motorist coverage, while the trip is active.

Identifying the correct phase — and the correct insurer — is decisive. Screenshots of the trip, app data, and the driver's status at the moment of the crash are critical evidence. Whether you were the passenger, another driver, or a pedestrian, Hamo Law can help you sort through the layers of coverage. Call 810-234-3667 for a free consultation.

Michigan's No-Fault Act treats motorcycles differently from cars and trucks. A motorcycle is not a "motor vehicle" under the No-Fault Act, so motorcyclists cannot collect Personal Injury Protection (PIP) benefits from their own motorcycle policy. Instead, an injured rider's PIP coverage usually comes from one of these sources, in priority order:

• The auto insurance policy of the rider (if they own a car as well).
• The auto insurance of a resident relative living in the same household.
• The insurer of the at-fault motor vehicle involved in the crash.
• The Michigan Assigned Claims Plan (MACP) as a last resort.

A motorcyclist injured by another driver may also bring a third-party claim against the at-fault motorist for pain and suffering and excess economic damages, subject to Michigan's serious-impairment threshold. Determining which insurer is on the hook for PIP is one of the first issues in any Michigan motorcycle case. Call 810-234-3667 for a free consultation.

Crashes involving commercial trucks raise legal, regulatory, and evidentiary issues that simply do not exist in a typical car accident. Several factors drive that complexity:

• Multiple potentially liable parties. Liability may extend to the driver, the trucking company, a cargo loader, a maintenance contractor, or a parts manufacturer.
• Federal Motor Carrier Safety Administration (FMCSA) regulations. Hours-of-service limits, electronic logging device requirements, drug and alcohol testing, vehicle inspections, and CDL standards create powerful sources of evidence when violated.
• Time-sensitive evidence. Driver logs, ELD data, dashcam footage, and onboard "black box" data can be overwritten or destroyed quickly without a preservation letter.
• Higher insurance limits and corporate defense teams ready to dispatch investigators within hours of a serious crash.
• More severe injuries. Size and weight disparities mean catastrophic harm and large damages that defendants fight hard to limit.

Acting fast to preserve evidence and assert your rights is essential. Call 810-234-3667 for a free consultation.

Establishing fault in a Michigan car accident is the foundation of any third-party claim for pain and suffering or excess economic damages. Insurers and courts typically look at:

• The police accident report (UD-10), including the responding officer's narrative and any traffic citations issued.
• Physical evidence at the scene — vehicle damage patterns, debris fields, skid marks, and roadway conditions.
• Eyewitness statements from drivers, passengers, and bystanders.
• Photos, dashcam footage, and surveillance video from nearby businesses or traffic cameras.
• Vehicle event data recorder ("black box") downloads and cell phone records when distraction is at issue.
• Accident reconstruction analysis in cases involving disputed liability or serious injury.

Michigan follows a modified comparative fault rule: an injured driver who is more than 50% at fault is barred from recovering non-economic damages. If you are 50% or less at fault, your recovery for pain and suffering is reduced by your percentage of fault. That makes it critical to investigate and document the crash before evidence disappears. Call 810-234-3667 for a free case review.

In Michigan, a catastrophic injury is one that causes long-term or permanent impairment, dramatically alters the victim's life, and typically requires extensive medical care. Common examples include:

• Traumatic brain injuries (TBI) and severe concussions with lasting cognitive effects.
• Spinal cord injuries, paralysis (paraplegia or quadriplegia), and serious neck or back trauma.
• Amputations or loss of use of a limb.
• Severe burns, disfigurement, and permanent scarring.
• Multiple bone fractures or internal organ damage requiring surgery.
• Vision or hearing loss resulting from the incident.

Under Michigan's No-Fault Act, victims who suffer a serious impairment of body function may also pursue a third-party claim against the at-fault driver for pain and suffering, lost wages beyond statutory limits, and other non-economic damages. Because catastrophic cases often involve lifetime care, lost earning capacity, and complex medical evidence, it is critical to work with attorneys experienced in valuing and litigating these claims.

Under the Michigan Wrongful Death Act, the claim is typically brought by the estate's personal representative on behalf of eligible family members — generally spouses, children, parents, grandparents, and siblings. Recoverable damages can include:

• Medical, hospital, funeral, and burial expenses tied to the incident and death.
• Conscious pain and suffering the decedent experienced between the injury and death.
• Lost financial support the decedent would have provided to the family.
• Loss of society and companionship, including guidance, care, and affection.
• Exemplary damages in appropriate cases for mental anguish and related harm.

Wrongful death claims can arise from auto, truck, and motorcycle crashes, medical malpractice, unsafe property conditions, dog attacks, defective products, and other negligent acts. Strict deadlines apply — contact an attorney promptly. Call 810-234-3667 for a free consultation.

Michigan operates under a No-Fault auto insurance system, which means that after most automobile, truck, and motorcycle crashes, injured people first turn to their own insurer for Personal Injury Protection (PIP) benefits — regardless of who caused the collision.

PIP benefits may cover reasonable and necessary medical expenses, wage loss, replacement (household) services, attendant care, and medical mileage. These first-party benefits are subject to strict written-notice and documentation requirements.

Separately, if you were seriously injured by another driver's negligence, you may also bring a third-party claim against the at-fault driver for pain and suffering and excess economic loss. To recover those non-economic damages, you must meet Michigan's tort threshold, which generally requires showing death, serious impairment of a body function, or permanent serious disfigurement.

Because the No-Fault system is highly technical and insurers routinely deny or underpay valid claims, experienced counsel can make a significant difference. Call 810-234-3667 for a free consultation.

The steps you take in the hours and days following an accident can have a major impact on both your health and your legal case. We recommend the following:

• Seek medical attention right away, even if your injuries seem minor — some symptoms appear days later, and prompt care creates a clear medical record linking the incident to your injury.
• Document the scene with photos and video of the location, any hazards, vehicle damage, visible injuries, and weather or lighting conditions.
• Get contact information for witnesses, and — in vehicle crashes — for other drivers and their insurance.
• Report the incident to the police, property manager, or other appropriate authority and request a copy of any report.
• Do not give a recorded statement to an insurance adjuster, and do not sign a release or settlement document, until you have spoken with an attorney.
• Preserve evidence, including damaged clothing, footwear, vehicles, or the product involved.
• Contact an experienced injury attorney before critical deadlines and evidence disappear.

Call 810-234-3667 to speak with Hamo Law Firm about your case.

Michigan's deadlines for filing a claim — known as the statute of limitations — vary depending on the type of case:

• Most negligence-based personal injury claims, including many auto, truck, motorcycle, premises liability, and dog bite cases, must be filed within three (3) years of the date of injury.
• Medical malpractice claims generally must be filed within two (2) years of the act or omission, or six (6) months from the date the injury was (or should have been) discovered, whichever is later — subject to an overall six-year cap in most situations.
• Wrongful death claims are generally governed by the statute of limitations that would have applied to the underlying injury.
• No-Fault PIP benefits and dram shop claims carry their own short written-notice requirements that can be as brief as 120 days.

Missing a deadline can bar your claim entirely. If you think you may have a case, contact an attorney as soon as possible. Call 810-234-3667 for a free consultation.

At Hamo Law Firm, we handle personal injury matters on a contingency fee basis, which means you pay nothing up front and owe no attorney's fees unless we recover compensation for you. Your initial case review is always free and confidential, so you can speak with an attorney about the facts of your case and your legal options without any financial risk.

This applies across all of our practice areas — automobile, truck and motorcycle crashes, medical malpractice, premises liability, dog bites, wrongful death, No-Fault disputes, and other serious injury matters. Call 810-234-3667 to schedule a free consultation.