The First 60 Minutes: Your Michigan Car Accident Checklist
A car crash is terrifying. It's a blur of noise, shock, and confusion. Your mind is racing, adrenaline is pumping, and you're not thinking clearly. But what you do in the first hour after an accident in Michigan is one of the most important things you can do to protect your health and your financial future.
Because Michigan is a No-Fault insurance state, the steps to take are different than in other states. It can be confusing, and insurance companies will be looking for any mistake you make. This is your step-by-step guide from a trusted Michigan law firm on what to do, and what *not* to do, in the moments after a crash.
Step 1: Prioritize Safety and Call 911
Your first priority is not your car, it's your life. Check on yourself and your passengers. If anyone is injured, or if you're not sure, call 911 immediately.
If your cars are in a dangerous spot (like the middle of a highway) and you are physically able, move to a safe location, like the shoulder or a nearby parking lot. Turn on your hazard lights. If you cannot move your car, get yourself and your passengers to a safe place away from traffic.
Even if the accident seems minor, you should still call the police. In Michigan, you are legally required to file a police report for any accident that causes injury, death, or apparent property damage of $1,000 or more (which is almost any accident today). A police report is the single most important piece of evidence. It officially documents that the accident happened, which you will need for any insurance claim.
Step 2: Document Everything (Before It Disappears)
If you are safe and able, you need to become an evidence-gatherer. What you capture in these moments can be priceless. Use your smartphone:
- Photograph BOTH Cars: Take pictures of all sides of both vehicles. Get close-ups of the damage and wide shots showing where the cars ended up.
- Photograph the Scene: Take photos of the entire accident scene. Include any skid marks, broken glass, road signs, traffic signals, and even the weather conditions.
- Photograph License Plates: Get a clear photo of the other driver's license plate.
- Photograph Their Insurance Card: The easiest way to get insurance information is to ask to take a photo of their insurance card and driver's license.
Also, look around for witnesses. If you see someone who stopped or was on the sidewalk, ask them for their name and phone number. A neutral witness who can confirm your side of the story is incredibly powerful.
Step 3: Exchange Information (But Say Very Little)
You need to exchange basic information with the other driver. Get their name, address, phone number, and their insurance company and policy number. Provide them with your information as well.
This is also the most dangerous part of the process. What you say can be used against you. No matter how you feel, you must NEVER say these things at the scene:
NEVER SAY: "I'm sorry." In Michigan, this can be twisted as an admission of fault. Be polite, but do not apologize.
NEVER SAY: "I'm fine" or "I'm not hurt." Adrenaline is a powerful painkiller. You may have a serious back or neck injury (like whiplash) and not feel it for hours or even days. The insurance company will get this on the police report and use it to deny your injury claim. The only thing you should say is, "I'm going to get checked out by a doctor."
NEVER SAY: "I think..." Do not speculate about what happened. Don't say "I think I was going too fast" or "I guess I didn't see them." Just state the simple facts of what you saw. "The light was green," "I was driving straight," etc.
Step 4: Get Medical Attention (Even If You Feel "Fine")
We cannot stress this enough. Go to an emergency room, an urgent care clinic, or your primary care doctor the same day if possible. As we said, adrenaline masks injuries. What feels like minor soreness could be a serious herniated disc or a concussion (Traumatic Brain Injury).
This is critical for two reasons:
1. Your Health: To get the treatment you need.
2. Your Claim: It creates a medical record linking your injuries directly to the crash. If you wait a week to see a doctor, the insurance company will argue that you must not have been hurt that badly, or that you hurt yourself *after* the accident. This "gap in treatment" can destroy your case.
Step 5: Report the Accident to Your *Own* Insurance Company
This is the part that confuses most people in Michigan. Because of our No-Fault Law, you report the accident to your *own* insurance company, no matter who was at fault. This is not to admit fault. This is to start your No-Fault (PIP) benefits application.
Your PIP benefits are what pay for your medical bills, any lost wages (up to 85% for three years), and replacement services (like help with chores). This claim is with your own insurer. You must do this promptly.
Step 6: What About Your Car? The "Mini-Tort" Claim
While your PIP benefits cover your health, they do not cover your car's damage. If you have collision coverage, your own insurance will pay for the repairs, but you will have to pay your deductible.
However, if the other driver was more than 50% at fault, you can get that deductible money back. In Michigan, you can file a "Mini-Tort" claim against the at-fault driver's insurance to recover up to $3,000 for your out-of-pocket expenses (like your deductible). This is a separate, simple claim you can file.
The Most Important Call You’ll Make
Soon after the accident, you will get a call from the *other driver's* insurance adjuster. They will be friendly. They will act like they are just here to help. They are not. Their only job is to pay you as little as possible. They will ask you to give a "recorded statement." Politely decline. You are not required to give them one.
Their goal is to get you to say something, like "I'm feeling okay" or "I only looked away for a second", that they can use to deny your claim. Remember, your PIP benefits do *not* pay for pain and suffering. To get that, you must file a separate claim against the at-fault driver, and you must prove you had a "serious impairment of body function." The adjuster's job is to prove you *didn't*.
This is the moment you call us. Your insurance company has a team of lawyers. The other driver's insurance has a team of lawyers. You deserve to have your own team. At Shiraz Law Firm, we'll handle the adjusters, preserve the evidence, and fight to get you the compensation you deserve, all while you focus on the only thing that matters: getting better.
