Passengers in serious crashes often have more legal options than they realize. And when the injuries are severe, those options matter enormously.
We work with people across the State of Michigan who were riding in someone else’s vehicle when a crash turned their lives upside down. The question we hear often is the same: “I wasn’t driving. Can I still file a claim?” The short answer is yes. If you want to understand how Michigan law protects you as a passenger, including what it takes to pursue a serious car accident injury claim, read on.
When Can a Passenger Sue for Pain and Suffering?
PIP benefits address your immediate economic losses. For passengers who have suffered serious or catastrophic injuries, however, there often is a second layer of recovery available through what Michigan law calls a third-party or negligence claim against the at-fault driver.
To pursue that claim, Michigan law requires that your injuries meet what is known as the “serious impairment of body function” threshold. More precisely, you need to show that an important body function is impaired in a way that affects your general ability to lead your normal life, and that the impairment is observable or perceivable from actual symptoms or conditions.
For passengers who have suffered catastrophic injuries, meeting that threshold is generally not the primary obstacle. Spinal cord injuries, traumatic brain injuries, severe burns, amputations, and similar conditions will satisfy the standard. The harder work involves documenting how the injury changed your daily life, building the evidence that connects the crash to your condition, and navigating the insurance company’s response to your claim.
A successful third-party claim can include compensation for pain and suffering, mental anguish, loss of enjoyment of life, and in some situations, loss of consortium. Excess medical costs beyond your PIP coverage limits may also be recoverable through this route.
Who Can a Passenger Actually Sue?
As a passenger, you may have the right to bring a claim against any driver whose negligence contributed to the crash, including the driver of the vehicle you were riding in. Michigan law generally permits these claims to proceed even between family members or close friends, because it is ultimately the at-fault driver’s insurance company that responds, not the individual personally.
A passenger caught in the middle of a two-car collision may actually have claims against both drivers depending on how the accident occurred. That kind of multi-party situation is exactly the type of case where having experienced legal counsel makes a real difference early on.
What About Rideshares, Buses, or Other Vehicles?
Passengers injured in rideshare vehicles, city buses, or other commercial or government-operated vehicles face a different set of rules. Rideshare accidents involve multiple layers of insurance coverage depending on whether the driver was actively transporting a passenger at the time of the crash. Government vehicle accidents may trigger short notice requirements, sometimes as brief as 60 to 120 days, that must be satisfied before a lawsuit can even be filed.
If your accident involves anything other than a standard private passenger vehicle, reaching out to an attorney quickly is not just advisable, it is essential.
The PIP Coverage Choice Matters More Than Many People Realize
Drivers may choose their level of PIP medical coverage when purchasing a policy, ranging from limited coverage amounts to unlimited allowable expenses. That choice has real consequences for passengers, because the PIP benefits available to you depend in part on the coverage level of the applicable policy.
If the policy covering your claim carries limited PIP benefits and your injuries are catastrophic, your medical expenses may exceed those limits. In that situation, the gap between what PIP covers and what your care actually costs may become part of a third-party claim against the at-fault driver. The interaction between these coverage levels and the scope of your potential recovery is genuinely complex, and the right legal strategy depends heavily on the specific policies involved.
What Passengers Should Do After a Serious Crash
Seek medical attention promptly. Even if you do not feel seriously injured at the scene, some catastrophic injuries present symptoms gradually. Delaying medical care gives insurance companies room to argue that the accident did not cause your injuries or that your injuries are not serious.
Document everything you can. Medical records, photographs, a written account of how the accident affected your daily life, communications with insurers. All of it matters. And before you give recorded statements to any insurance company, including the driver’s insurer, consult with an attorney. What you say early in the process can affect your claim significantly.
We Are Here When You Need Us
At Miller, Tischler & Vislosky, PC, we have spent decades working through the complexities of Michigan’s no-fault system on behalf of people who have been seriously hurt in car accidents throughout the state of Michigan. Passenger injury cases involve layers of insurance coverage, legal thresholds, and strategic decisions that require careful attention. We understand the financial and personal weight that a catastrophic injury places on you and your family, and we take that seriously.
If you or someone you love was seriously injured as a passenger in a car accident, contact our Farmington Hills office. An early conversation costs nothing and can make a meaningful difference in how your case develops.
