Do I need a lawyer after a car accident in Michigan?
Every rule below is quoted from Michigan law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Michigan rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Michigan uses modified comparative fault for crash injury lawsuits. You can recover damages as long as you are 50% at fault or less. If you are more than half at fault, you get nothing.
“Damages must be assessed on the basis of comparative fault, except that damages must not be assessed in favor of a party who is more than 50% at fault”
When you can sue the other driver
You can only sue the other driver for pain and suffering if you died, suffered a serious impairment of a body function, or have permanent serious disfigurement.
“only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement”
How long you have
- 3 years
- to sue for injuriesMCL 600.5805(2)
- 3 years
- to sue for car or property damageMCL 600.5805(2)
- 3 years
- for a family to sue after a deathMCL 600.5805(2)
- 120 days
- to notify the government if a public vehicle or road was involvedMCL 691.1404(1)
Deadline to sue for injuries
You have three years from the crash to sue for your injuries.
“3 years after the time of the death or injury for all actions to recover damages for the death of a person or for injury to a person or property”
If a government vehicle or road was involved
If a defective road or a government owned vehicle was involved, you generally must send a written notice of the injury and the defect to the government agency within one hundred twenty days of the crash.
“within 120 days from the time the injury occurred, except as otherwise provided in subsection (3) shall serve a notice on the governmental agency of the occurrence of the injury”
How injury lawyers charge in Michigan
Contingency fee rules
Michigan caps contingency fees in personal injury, wrongful death, and no-fault benefit cases at one third of the amount recovered. Charging more is treated as an unreasonable fee.
“The maximum allowable fee for the claims and actions referred to in subrule (A) is one-third of the amount recovered.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
You can file an auto insurance complaint with the Michigan Department of Insurance and Financial Services, or call their consumer help line.
“Our Call Center Specialists are available to help you Monday through Friday, from 8 a.m. to 5 p.m. at 877-999-6442”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.