If you’re going to be taking a road trip outside of Michigan, it is important to know what your legal rights are in the event that you are involved in an out-of-state auto accident.

Can you sue the at-fault driver who caused the accident for pain and suffering compensation?

Who will pay for your medical bills?

Who will pay for your lost wages? And other economic damages?

The answers to these questions will depend on the nature and extent of the auto insurance coverage that you are carrying to protect your family. It will also depend on the laws on the state in which an automobile accident occurs.

Whether you and your family are hitting the road for an adventure to Cedar Point in Sandusky, Ohio, or Disney World in Orlando, Florida, or to watch the Detroit Tigers play the Toronto Blue Jays play in Ontario, Canada, I want you to be able to stay safe.

And if the unexpected happens and you find yourself involved and injured in an out-of-state accident, I want you to be able to protect yourself and your family.

Can I sue for pain and suffering if I’m injured in an accident outside Michigan? 

A Michigan resident who is injured in an auto accident out of state can sue the at-fault driver for pain and suffering compensation.

But because each state has its own laws and rules for such claims, your rights and ability to sue the at-fault driver for pain and suffering compensation will depend on the laws of the state in which your out of state car accident occurred.

Will Michigan No-Fault benefits pay my medical bills and lost wages after a crash outside of Michigan? 

You may be able to recover Michigan No-Fault PIP benefits to pay for your medical bills and lost wages if your crash outside of Michigan occurs “within the United States, its territories and possessions, or Canada.” (MCL 500.3111)

Do I qualify for Michigan No-Fault benefits after an accident outside of Michigan? 

A victim of a non-Michigan crash may recover No-Fault PIP benefits only if: (1) you were the named insured on a No-Fault policy; (2) you were the spouse or resident relative of a named insured; (3) you were a vehicle occupant and a Michigan resident; or (4) you were an occupant of a vehicle covered by Michigan No-Fault insurance. (MCL 500.3111)

Is it true my Michigan auto insurance company can put a lien on my pain and suffering claim against the at-fault driver after an accident outside of Michigan?

Michigan law gives your Michigan No-Fault auto insurer the right to put a lien on your out-of-state pain and suffering compensation award in order to recover dollar for dollar any amount that duplicates benefits you have already recovered through No-Fault.

In other words, only if your claim against at the at-fault driver after an accident outside of Michigan sought payment of medical expenses, lost wages and other economic damages that have already been covered and paid for by your No-Fault benefits would a lien be allowed and it would only apply to the portion of your award that represents medical bills, lost wages and other items that are covered by No-Fault.

To learn more, please check out our blog post about how liens may be used to assert an auto insurer’s right of reimbursement for No-Fault benefits paid in connection with an out of state car accident.

Getting your vehicle damage repaired after an out of state accident 

If your car or truck was damaged in a car accident out of state that was caused by an at-fault driver from that state (especially if the accident occurred in a pure tort state), then you will likely be going to court to get your damage repair costs covered. But it will depend on the laws of the state where the crash occurred.

If state law prohibits you from suing the at-fault driver or he or she is uninsured (or judgment proof because he or she does not have the financial resources to pay even if you sue and win), then you may have to file a claim through your own collision coverage policy.

What if you cause an accident outside Michigan?

The residual liability insurance portion of the mandatory Michigan No-Fault coverage that you carry on your vehicle or vehicles registered and licensed in Michigan will help cover your liability for “bodily injury and property damage” that you may owe if you were at-fault in causing a car accident out of state so long as the accident occurred in the U.S., its territories or possessions or Canada. (MCL 500.3101(1); 500.3131(1))

It provides “coverage equivalent to that required as evidence of automobile liability insurance under the financial responsibility laws of the place in which the injury or damage occurs.” (MCL 500.3131(1))