Being sued after a car accident means the other person is asking a court to order you to pay for their injuries or vehicle damage

When someone files a lawsuit against you in Michigan, they are claiming you caused their harm and want the court to make you pay. This is different from an insurance claim — it is a formal legal case with specific steps, timelines, and rules. You will receive official court papers (called a summons and complaint) that tell you what they are suing for, how much they want, and when you must respond.

In Michigan, car accident lawsuits usually start in district court if the amount is under $25,000, or in circuit court if it is higher. The person suing you is called the plaintiff; you are the defendant. Your insurance company will almost certainly assign you a lawyer to defend the case, since your auto policy includes legal defense coverage. That lawyer's job is to represent your interests, not the insurance company's — though both usually want the same outcome: to pay as little as possible or win the case outright.

The lawsuit process takes months or sometimes years. Most cases settle before trial, meaning both sides agree on a payment amount and the case ends. Some go all the way to a jury trial, where 12 people hear evidence and decide whether you are liable and how much you owe. Understanding what happens at each stage helps you know what to expect and what decisions matter most.

Key Takeaways

  • You will receive a summons and complaint by mail or in person; you must respond within 21 days or risk a default judgment against you.
  • Your auto insurance company will assign you a defense lawyer at no cost to you, and that lawyer works for your interests, not the insurer's.
  • Most cases settle during discovery (the phase where both sides exchange evidence) or at a settlement conference before trial.
  • If the case goes to trial, a jury decides whether you are liable and, if so, how much you must pay for medical bills, lost wages, pain and suffering, and vehicle damage.
  • Michigan's no-fault insurance system limits what the plaintiff can recover for pain and suffering unless their injury meets the "serious impairment" threshold.

What the summons and complaint actually require you to do

The summons is a court order telling you that you are being sued and giving you a important date to respond. The complaint is the document that explains what the plaintiff claims you did, what harm they say they suffered, and how much money they want. Together, these papers are your official notice that a lawsuit has started.

Michigan law gives you 21 days from the date you receive the summons to file a written response with the court. This response is usually called an answer, and it tells the court whether you admit or deny each claim in the complaint. You do not have to write this yourself — your insurance-assigned lawyer will prepare and file it. If you miss the 21-day important date and do not file anything, the court can enter a default judgment against you, meaning the judge rules in the plaintiff's favor without hearing your side. That judgment can then be used to garnish your wages or place a lien on your property.

Do not ignore the summons, throw it away, or assume it will go away. The moment you receive it, contact your auto insurance company and tell them you have been sued. Provide them with the court papers when ready. They will assign a lawyer within days. That lawyer will handle the response important date and all court filings from that point forward.

How discovery works and why it takes so long

After you file your answer, both sides enter a phase called discovery. This is when the plaintiff's lawyer and your lawyer exchange evidence — medical records, police reports, photographs, witness statements, repair estimates, and anything else that might be relevant to the case. Each side also asks written questions (called interrogatories) and demands that the other side produce specific documents. You will likely be deposed, meaning you sit down with the plaintiff's lawyer and answer questions under oath while a court reporter records everything.

Discovery can take six months to over a year, depending on how complex the case is and how many documents exist. Your lawyer will prepare you for your deposition and advise you on what to say. The goal is to gather facts that either support your defense or show the plaintiff's injuries were not as serious as claimed. During this phase, your lawyer and the plaintiff's lawyer often have informal conversations about settling the case. Many lawsuits end during discovery because one side realizes their case is weaker than they thought.

You are required to be truthful during discovery. Lying or hiding evidence can result in sanctions (court-ordered penalties) and can actually hurt your case more than the truth would. Your lawyer will advise you on how to answer questions honestly while protecting your interests.

Settlement conferences and when most cases end

Before trial, Michigan courts typically require both sides to attend a settlement conference with a judge or mediator. This is a structured meeting where each side presents their case and the judge or mediator helps them find common ground. The plaintiff's lawyer will explain why they think you are liable and how much their client's injuries are worth. Your lawyer will explain why liability is unclear or why the damages are overstated. The judge or mediator then suggests a settlement range and encourages both sides to negotiate.

Settlement conferences often lead to a deal because both sides hear a neutral person's view of their case's strengths and weaknesses. If the plaintiff's lawyer hears that a judge thinks their case is weak, they may lower their demand. If your lawyer hears that a judge thinks you are clearly liable, they may recommend accepting a higher settlement offer than they initially thought reasonable. Your insurance company will authorize your lawyer to settle up to your policy limits (usually $250,000 to $500,000 for bodily injury liability in Michigan, though this varies).

If you and the plaintiff reach a settlement agreement, you sign a document releasing each other from further claims. The plaintiff drops the lawsuit, and your insurance company pays the agreed amount. The case is over. No trial, no jury, no public record of a verdict against you.

What happens if the case goes to trial

If settlement talks fail, the case proceeds to trial. A jury of 12 people (or sometimes 6, depending on the court) hears evidence from both sides over several days. The plaintiff's lawyer presents their case first, calling witnesses and introducing documents to prove you were negligent and caused their injuries. Your lawyer then presents your defense, which might be that you were not at fault, that the plaintiff's injuries were pre-existing, or that their damages are inflated.

At the end of trial, the jury decides two things: (1) whether you are liable — meaning you were negligent and your negligence caused the plaintiff's harm — and (2) if you are liable, how much money you owe. In Michigan, the jury must find you at least 50% at fault to hold you liable. If they find you 49% at fault and the plaintiff 51% at fault, you owe nothing. If they find you 60% at fault, you owe 60% of the plaintiff's total damages.

Damages include economic losses (medical bills, lost wages, vehicle repair costs) and non-economic losses (pain and suffering, loss of enjoyment of life). However, Michigan's no-fault insurance system restricts pain and suffering damages. The plaintiff can only recover for pain and suffering if their injury is classified as a serious impairment of body function — a legal threshold that requires significant, lasting harm. Minor injuries do not may have access to, which is why many low-impact accident cases settle for medical bills and lost wages only.

Michigan's no-fault system and how it affects your lawsuit

Michigan is a no-fault auto insurance state, which means the plaintiff's own insurance company pays their medical bills and lost wages through their personal injury protection (PIP) coverage, regardless of who caused the accident. Because of this, the plaintiff cannot sue you for those economic losses — they already have them covered by their own policy. They can only sue you for damages their insurance does not cover: pain and suffering, permanent scarring or disfigurement, or losses beyond their PIP limits.

This system makes many Michigan car accident lawsuits smaller than they would be in other states. The plaintiff must prove a serious impairment to recover pain and suffering at all. If they have a minor injury, they may have no lawsuit at all, only an insurance claim. If they have a serious injury, the lawsuit focuses on how much pain and suffering is reasonable, not on medical bills (which are already paid by their PIP).

Your lawyer will use Michigan's no-fault rules to argue that the plaintiff's damages are limited. They will present medical evidence showing the injury is not serious enough to meet the legal threshold, or that recovery was faster than the plaintiff claims. Understanding this system helps you see why your insurance company might recommend settling for a certain amount — it reflects what Michigan law actually allows the plaintiff to recover, not what they initially demanded.

What you owe if you lose and how payment works

If a jury finds you liable, the judgment is entered in the court record. Your insurance company then pays the judgment amount up to your policy limits. If the judgment exceeds your policy limits, you are personally responsible for the difference. For example, if your policy limit is $250,000 and the jury awards $400,000, your insurance pays $250,000 and you owe $150,000 out of your own pocket.

The plaintiff can then pursue collection against you personally — garnishing wages, placing a lien on your home, or seizing bank accounts — to recover the amount your insurance did not cover. This is why your lawyer will work hard to settle within your policy limits or to win the case outright. A judgment that exceeds your coverage can have long-term financial consequences.

If you cannot pay a judgment, you may be able to work out a payment plan with the plaintiff or their lawyer. Some judgments can be discharged in bankruptcy, though this is a serious step with lasting consequences. The best protection is to settle the case before trial if the demand is within your policy limits and your lawyer thinks you have a weak defense.

Your role and what you should and should not do

Your main job is to be honest with your lawyer and follow their information. Tell them everything about the accident, even details that seem bad for you. Attorney-client privilege protects these conversations, and your lawyer needs the full picture to defend you effectively. Do not talk to the plaintiff, their lawyer, or their insurance company without your lawyer present. Do not post about the accident on social media. Do not alter or destroy any evidence, even if it seems damaging.

Attend all court dates and depositions on time. If you cannot make a date, tell your lawyer when ready so they can request a postponement. Show respect in court — dress professionally, address the judge as "Your Honor," and follow courtroom rules. Jurors notice how a defendant behaves, and appearing dismissive or hostile can hurt your case.

Stay in contact with your lawyer throughout the process. If you move, change your phone number, or receive any new documents related to the case, let them know right away. Your lawyer is your advocate, and the more information they have, the better they can represent you.

Frequently Asked Questions

Can I settle the case without going to trial?

Yes, and most cases do settle. Settlement can happen at any point — during discovery, at a settlement conference, or even during trial. Your lawyer will advise you on whether a settlement offer is reasonable based on the strength of your defense and the plaintiff's injuries. You have the final say on whether to accept an offer, though your lawyer's recommendation carries weight.

What if I cannot afford a lawyer?

You do not have to pay for one. Your auto insurance policy includes legal defense coverage, which means the insurance company assigns and pays for a lawyer to defend you. This lawyer represents your interests, not the insurance company's. You have the right to hire your own lawyer at your own expense if you prefer, but most defendants use the insurance-provided counsel.

Will a judgment against me affect my driving record or insurance rates?

A civil judgment does not go on your driving record, but it will likely cause your insurance rates to increase significantly. Your insurer will see the judgment as proof that you caused an accident, and they will raise your premiums or drop you when your policy renews. Shopping for new insurance after a judgment is difficult but possible; some insurers specialize in high-risk drivers.

What if the plaintiff's injuries get worse after we settle?

Once you sign a settlement agreement, the case is closed and the plaintiff cannot sue you again for the same accident, even if their condition worsens. This is why settlement agreements include language releasing you from all future claims related to that accident. The plaintiff accepts this risk when they agree to settle.

How much does a car accident lawsuit typically cost?

Since your lawyer is paid by your insurance company, you do not pay attorney fees directly. Court filing fees and deposition costs are usually covered by your insurance as part of the defense. If you hire your own lawyer instead of using the insurance-provided one, you would pay their hourly rate or a contingency fee, but this is rare in defendant cases.