Auto Accident FAQs
Ronald S. Weiss, Attorney & Counselor has represented injured drivers and passengers throughout Michigan and Ohio since 1993, and Gerald Weiss has handled Michigan accident claims since 1967. The answers below apply in both states. Michigan and Ohio differ more on car accident claims than on any other area we handle, so where a rule differs, the answer will explain accordingly.
If you have a case you need to discuss with an auto accident lawyer, reach out to us. Your initial consultation is free, and we accept cases all over Michigan and Ohio.
Should I seek medical attention after an accident?
Yes, as soon after the accident as possible, even if you feel fine at the scene. Whiplash, concussions, and back injuries often become apparent only a day or two later, and an insurer will argue that a gap between the accident and the first visit means the injury was not caused by the crash. Give your doctor a thorough history of the accident, including how the vehicles collided and what part of your body struck the interior. The medical record becomes the first written account of your injuries, and in Michigan it is also the evidence that decides whether your injuries meet the threshold for a pain and suffering claim.
Should I take photographs of my injuries and the vehicles?
Yes, even if you have not decided whether to pursue a claim. Photograph the damage to every vehicle, the position of the vehicles, skid marks, road conditions, and your visible injuries on the day of the accident and again as they heal. Keep the originals with their date stamps, and consider keeping a short written log, since documenting the details of your injuries and pain day by day captures what photographs cannot. If you later decide to make a claim, the records will be available; if you decide not to, nothing is lost.
Should I make a statement to the at-fault driver's insurance company if they call?
No, not before you have spoken with an attorney. The adjuster who calls works for the other driver's insurer, and the purpose of the call is to obtain a recorded account that can be used to shift fault to you or to minimize your injuries. You are not required to give a recorded statement to another driver's insurer. Take the adjuster's name and claim number, say that your attorney will contact them, and end the call. The call to our office is free, and the first contact with the insurer must be handled properly.
If the other driver was at fault, am I entitled to money regardless of my injuries?
Not automatically. In Michigan, a claim against the at-fault driver for pain and suffering requires an injury that is objectively manifested, such as one that appears on an X-ray or MRI, and that affects your ability to lead your normal life, and the courts interpret that standard case by case. In Ohio, the law sets no minimum threshold, so a claim is available for any injury the other driver caused, but the amount depends on the severity of the injury and the evidence supporting it. In both states, the value of a claim starts with the medical records, which is one more reason to seek treatment promptly.
Can I still proceed if I was partially at fault for the accident?
Yes, in both states, as long as your share of the fault was not greater than the combined fault of everyone else involved. Your recovery is reduced by your percentage of fault, so a driver found 20 percent at fault recovers 80 percent of the damages.
Michigan applies this rule to pain and suffering claims under MCL 600.2959, and Ohio applies it to the whole claim under Ohio Revised Code 2315.33. Fault percentages are decided from the police report, witness statements, vehicle damage, and sometimes crash data, so the evidence gathered in the first days matters.
Who is responsible for paying my pain and suffering?
Usually the at-fault driver's liability insurer, up to the limits of that policy. If the at-fault driver was working at the time, the employer's policy may apply, and if a vehicle defect or road condition contributed, a manufacturer or a government agency may share responsibility. If the at-fault driver has no insurance or too little, your own policy's uninsured or underinsured motorist coverage may pay instead. Every case is different, and identifying every responsible party and policy is part of the work our office does when it takes on a claim.
What if the at-fault driver does not have insurance?
Your own policy often fills the gap. Uninsured motorist coverage pays for your injuries when the at-fault driver has no insurance, and underinsured motorist coverage pays when the driver's policy limits are too low. In Michigan, your no-fault benefits cover your medical bills and lost wages regardless of whether the other driver was insured. In Ohio, medical payments coverage on your own policy can pay your bills while the claim is pending. The terms of your policy decide what applies, and there are several things to consider when the other driver does not have insurance before accepting any settlement.
How much are my injuries worth?
Every case is different. The value of a claim depends on the severity and permanence of the injury, the cost of past and future treatment, lost income, your share of fault, and the insurance available. In Michigan, whether the injury meets the threshold is often the single largest factor in the value of the pain and suffering claim. Two accidents that look alike at the scene can have very different values once treatment is complete, so call our office as soon after the accident as possible so the claim is documented properly from the beginning.
How long do I have to pursue a claim after an auto accident?
The deadline depends on the state where the accident happened. In Michigan, an adult has three years from the date of the accident to settle a claim against the at-fault driver or file a lawsuit under MCL 600.5805, but the deadline for no-fault benefits from your own insurer is one year under MCL 500.3145.
In Ohio, an adult has two years under Ohio Revised Code 2305.10. A child who was injured has additional time in both states, because the clock does not start until the child turns 18, and a claim under your own uninsured motorist coverage can carry a different deadline set by the policy.