The holiday season in Michigan is synonymous with family gatherings, shopping rushes, and unfortunately, packed roadways. Between the increased traffic volume and unpredictable winter weather, the risk of a collision significantly rises during November and December.
If you are involved in a car accident during the holidays, the festive atmosphere can quickly turn into a blur of stress and confusion. Understanding Michigan’s specific No-Fault laws and how holiday variables—like out-of-state drivers and icy roads—affect your claim is vital.
Here is what happens after a holiday crash and the specific steps you need to take to protect yourself.
1. The Immediate Aftermath: Safety First
The moments immediately following a crash are critical, especially in winter conditions.
- Move to Safety: If your vehicle is drivable, move it out of the flow of traffic. In winter, secondary accidents are common when other drivers slide on the same patch of ice that caused your initial crash.
- Call 911: Always call the police. You will need an official report to file a No-Fault claim, even for minor accidents.
- Document the Scene: Holiday accidents often involve unique factors. Take photos not just of the damage, but of the road conditions. Was the road unplowed? Was visibility poor due to snow? This evidence prevents the other driver from claiming the accident was purely “weather-related” rather than due to their negligence.
2. Navigating Michigan No-Fault Benefits
Michigan is a No-Fault state, meaning that regardless of who caused the accident, your own auto insurance is responsible for paying your medical bills and lost wages (up to your policy limits). This is known as Personal Injury Protection (PIP).
However, holiday accidents often introduce a complication: Out-of-State Drivers. If you are hit by a relative visiting from Ohio or Indiana, or if you are hit while driving a rental car, the insurance claim process becomes more complex. Michigan residents are generally covered by their own policies, but disputes often arise when trying to coordinate benefits with out-of-state insurers who are unfamiliar with Michigan’s unique system.
3. The “Winter Defense” Myth
A common misconception during Michigan winters is that if a driver slides on ice and hits you, it is “just an accident” and nobody is at fault. This is false.
Under Michigan law (MCL 257.627), drivers must operate their vehicles at a speed that is “careful and prudent” for the current conditions, not just the posted speed limit. If a driver hits you because they could not stop on ice, they were likely driving too fast for conditions. You can still hold them liable for damages that aren’t covered by your No-Fault policy, such as:
- Excess wage loss
- Vehicle repair costs (up to $3,000 under the Mini-Tort law)
- Pain and suffering (if your injuries meet the legal threshold)
4. Expect Delays in Claims Processing
What happens after you file? Unfortunately, holiday accidents often face administrative delays. Insurance adjusters take vacations just like everyone else, leading to backlogs in December and January.
To minimize delays:
- Report the accident to your insurer immediately (do not wait until after the New Year).
- Stick to the facts.
- Keep copies of all medical records and police reports.
Summary: Don’t Go It Alone
A car accident can disrupt your holiday peace, but knowing the law puts you back in control. Whether you are dealing with a stubborn insurance adjuster or a complex liability dispute involving winter weather, you have rights.
If you’ve been injured in a holiday accident, contact the Law Offices of Aaron D. Cox, PLLC today. We can help navigate the complexities of Michigan law so you can focus on healing and enjoying the season.