Drunk Driving Accidents

DUI Accident Lawyers Pursuing Justice on Behalf of Michigan Families

A drunk driver doesn’t just cause a crash. They upend your finances, your work, your family, and often your body—all in a matter of seconds. And then Michigan’s insurance system hands you a stack of deadlines, forms, and coverage questions you never signed up for.

Our firm represents people across Michigan who were hit by impaired drivers—in Detroit, Grand Rapids, Traverse City, and every county in between. We know how these cases move through Michigan’s no-fault system, what it takes to break the tort threshold, and how to pursue the bar or restaurant that kept serving a visibly intoxicated driver before the crash. If you’re trying to figure out what happens next, this page walks through the law that controls your case and the decisions you’ll face in the weeks ahead.

How does Michigan’s no-fault system apply to a drunk driving accident?

Michigan is one of a small handful of true no-fault states, and drunk driving crashes are not an exception. The same framework governs them—MCL 500.3101 through MCL 500.3179—whether the other driver was sober, distracted, or three times over the legal limit.

That means two separate claims typically arise from a single drunk driving crash. The first is your Personal Injury Protection (PIP) claim, which you file with your own auto insurer regardless of who caused the collision. PIP pays medical expenses, wage loss for up to three years, replacement services, and certain other economic losses. The second is a tort claim against the drunk driver personally for the losses PIP doesn’t cover—pain and suffering, disfigurement, lost earning capacity beyond the three-year PIP window, and in some cases exemplary damages.

The critical piece most clients don’t realize until it’s too late: you must file your PIP claim within one year of the accident under MCL 500.3145. Miss that deadline and you lose access to the medical and wage benefits your own policy owes you—even if the drunk driver is sitting in jail facing criminal charges. We see this trap close on people who assumed the at-fault driver’s criminal case somehow preserved their civil rights. It doesn’t.

The tort claim against the drunk driver runs on a separate clock: 3 years from the date of the accident under MCL 600.5805. Two deadlines, two different calendars, and two completely different types of compensation.

What is the “serious impairment” threshold and why does it matter in my case?

To sue a drunk driver for pain and suffering—the damages most people associate with a personal injury lawsuit—your injury has to meet Michigan’s tort threshold under MCL 500.3135. The statute defines three categories that qualify: death, permanent serious disfigurement, or serious impairment of body function.

The third category is where most cases are won or lost. A serious impairment means an objectively manifested impairment of an important body function that affects the person’s general ability to lead their normal life. Every word of that definition matters. “Objectively manifested” means the injury has to be verifiable through imaging, clinical findings, or another form of medical evidence—not just self-reported pain. “Important body function” is broad but not unlimited. “Affects the general ability to lead normal life” doesn’t require total disability; it requires that the injury has influenced some significant aspect of how you live.

Drunk driving crashes tend to produce the kinds of injuries that clear the threshold—spinal fractures, traumatic brain injuries, multiple orthopedic injuries, internal trauma. But insurance carriers fight the threshold question aggressively. They’ll argue your back pain is degenerative, your headaches predated the crash, your limitations are subjective. This is why the medical record from day one matters so much. Every gap in treatment, every missed appointment, every contradictory entry becomes ammunition for the defense.

If the impairment question is close, we work with treating physicians and, when necessary, independent specialists to document the objective findings and tie them to how your life has changed.

Can I sue the drunk driver for extra damages because they were intoxicated?

Yes, and Michigan law treats drunk driving differently from ordinary negligence in ways that can significantly increase your recovery.

Negligence per se. Because driving under the influence is a criminal violation, the drunk driver’s breach of duty is largely established by the fact of intoxication itself. A blood alcohol concentration of 0.08 or higher (or 0.17 or higher under Michigan’s “super drunk” law), a failed field sobriety test, or a chemical test refusal gives us the breach element almost on a silver platter. We still have to prove causation and damages, but the fight over whether the driver did something wrong is usually short.

Exemplary damages. Michigan allows exemplary damages when a defendant’s conduct is willful, wanton, or reckless—and drunk driving frequently supports such claims, particularly in cases involving high BAC, super drunk law violations, or repeat offenses. Unlike punitive damages in some other states, Michigan exemplary damages compensate the plaintiff for the heightened injury to feelings caused by the outrageous nature of the conduct, rather than purely punishing the defendant. Either way, they increase the available recovery.

Criminal case as evidence. The outcome of the criminal case against the drunk driver—a plea, a conviction, or even a preliminary examination transcript—can often be used in the civil case. Keep in mind that the burdens of proof are different. Criminal cases require proof beyond a reasonable doubt; civil cases only require a preponderance of the evidence. A drunk driver who beats the criminal charge on a technicality can still be held fully liable in civil court.

Mini tort for vehicle damage. Under MCL 500.3135(3)(e), you can recover up to $3,000 from the at-fault driver for vehicle damage not covered by your collision insurance. This is separate from your injury claim and is often overlooked.

What is Michigan’s dram shop law and when does a bar or restaurant share responsibility?

Michigan’s Dram Shop Act, codified at MCL 436.1801, allows an injured person to sue a licensed retailer—a bar, restaurant, liquor store, or similar establishment—that sold or furnished alcohol to a visibly intoxicated person who then caused the injury. It also covers sales to minors.

Dram shop cases are powerful because they open up a second source of recovery beyond the drunk driver’s auto policy, which is often minimum-limits or nonexistent. But Michigan imposes strict procedural requirements that trip up unrepresented claimants:

• Name and retain defendant driver. The injured person must name the allegedly intoxicated person as a defendant and retain them throughout the case. Settling with or dismissing the driver can extinguish the dram shop claim.
• Written notice. Written notice of a potential dram shop claim must generally be served on the licensee within 120 days of retaining counsel.
• Visibly intoxicated standard. Liability attaches only when the establishment served someone who was visibly intoxicated at the time of service. This requires evidence of what the driver looked like at the bar—slurred speech, impaired balance, bloodshot eyes—not just what their BAC was two hours later at the crash scene.

Proving visible intoxication usually requires moving quickly. Surveillance footage from bars is often overwritten within 30 to 60 days. Credit card and tab records, bartender and server testimony, and other patrons’ recollections all become harder to obtain as time passes. If your crash involved a driver coming from a bar, restaurant, or event where alcohol was served, we investigate the dram shop angle within days, not months.

What happens if the drunk driver has no insurance or only minimum coverage?

This is one of the most common—and most frustrating—scenarios in Michigan drunk driving cases. Drunk drivers disproportionately carry minimum limits or no insurance at all. Michigan’s minimum bodily injury coverage is $250,000 per person and $500,000 per accident for policies issued after the 2019 reforms, but drivers are permitted to select lower limits of $50,000/$100,000, and many do. A catastrophic injury can blow past those limits before the emergency room discharges you.

Several alternative sources of recovery come into play:

Uninsured/Underinsured Motorist coverage (UM/UIM). Your own auto policy may include UM/UIM coverage that steps in when the at-fault driver has no insurance or not enough. UM/UIM coverage in Michigan is contractual, which means the terms are governed by your policy’s language—not the no-fault statute. Deadlines for notice and arbitration can be much shorter than the 3-year tort statute of limitations, sometimes as short as a year. We review the policy early in every case.

Personal assets of the drunk driver. Wage garnishment, liens on real property, and other collection tools can sometimes reach the drunk driver’s personal assets, particularly in exemplary damages cases.

Dram shop recovery. As discussed above, the bar or restaurant that served the driver may provide a meaningful source of recovery.

Excess economic loss. For wage losses extending beyond the three-year PIP window, we can pursue an excess economic loss claim against the drunk driver under the no-fault statute even if pain and suffering damages are limited by insurance availability.

How does the 2019 no-fault reform affect my claim?

Public Act 21 of 2019 overhauled Michigan’s no-fault system. The most significant change for drunk driving victims is that drivers can now choose PIP coverage levels—ranging from unlimited (the old standard) down to $50,000 for Medicaid enrollees, with options at $250,000 and $500,000 in between. Some drivers can even opt out entirely if they have qualified health coverage.

Many Michiganders chose lower PIP limits to reduce premiums without fully understanding that the choice capped their own medical coverage in a future accident. If you selected $250,000 in PIP and your medical bills from a drunk driving crash exceed that amount, the excess medical expenses become part of your claim against the drunk driver—which means your ability to recover them depends on the drunk driver’s assets and insurance, not your own policy.

Other reform changes affecting drunk driving cases include the attendant care reimbursement caps for family-provided care, the fee schedule that limits what medical providers can charge for accident-related treatment, and new utilization review procedures that insurers use to challenge ongoing care. Each of these creates friction in a PIP claim, and each requires a careful response.

What should I do in the days after a drunk driving crash?

Get medical care and follow through on treatment. Every missed appointment, every unfilled prescription, every gap in treatment gets used against you later. If a provider recommends follow-up care, go.

Report the accident to your own auto insurance company, but be cautious about giving recorded statements to anyone before you understand your rights. This includes the drunk driver’s insurance company, which will often try to reach you within 24 to 48 hours of the crash.

Preserve evidence. Photos of vehicles, injuries, and the scene; names and contact information for witnesses; the police report number; receipts for anything you’ve paid out of pocket. If the drunk driver came from a bar or restaurant, note the name and location—this matters for a potential dram shop claim.

Start a file on your PIP claim immediately. The one-year deadline under MCL 500.3145 is strict, and disputes often turn on whether specific benefits were properly applied for within the deadline. Separate deadlines can apply to each category of benefit.

Talk to a Michigan drunk driving accident lawyer before signing anything. No-fault insurance documents, medical authorizations, and settlement offers from the at-fault driver’s insurance can all significantly affect your case. Once you’ve signed, unwinding those decisions is difficult.

Wrongful death and surviving family members

When a drunk driver kills a family member, the legal claim belongs to the personal representative of the deceased’s estate under Michigan’s Wrongful Death Act (MCL 600.2922). Recoverable damages include medical and funeral expenses, the conscious pain and suffering of the deceased before death, loss of financial support, and loss of society and companionship for the surviving spouse, children, parents, and certain other dependents.

The statute of limitations is 3 years, but early action matters because exemplary damages claims, dram shop claims, and insurance preservation issues arise immediately. If you’ve lost a family member to a drunk driver, our wrongful death attorneys can help the estate navigate the overlap between probate court and the civil lawsuit.

Related pages

Our car accident practice covers the full range of Michigan motor vehicle claims, including fatal car accidents, head-on collisions, and distracted driving accidents. For broader context on Michigan’s injury framework, see our Michigan personal injury lawyer hub. Clients in specific regions can also reach us through our Detroit car accident, Grand Rapids car accident, and Traverse City car accident pages.

Talk to a Michigan drunk driving accident lawyer today

If a drunk driver has injured you or taken a member of your family, the decisions you make in the first few weeks will shape the rest of your case. Our attorneys handle PIP claims, tort lawsuits, dram shop cases, and wrongful death actions across Michigan from our offices in Traverse City, Grand Rapids, and Detroit. Call (800) 525-6386 for a free consultation. We don’t charge a fee unless we recover compensation for you.

Frequently asked questions about Michigan drunk driving accidents

Q: How long do I have to file a lawsuit against a drunk driver in Michigan? 

A: You have 3 years from the date of the accident to file a tort claim against the drunk driver under MCL 600.5805. However, your PIP claim against your own insurer must be filed within one year under MCL 500.3145. These are separate deadlines with different consequences if missed.

Q: Can I sue the bar that served the drunk driver? 

A: Potentially, yes. Michigan’s Dram Shop Act allows claims against licensed establishments that served a visibly intoxicated person who then caused your injury. The claim has strict notice requirements and requires that the drunk driver be named as a co-defendant, so timing and procedure matter.

Q: What if the drunk driver was acquitted in criminal court? 

A: You can still sue them civilly. Criminal cases require proof beyond a reasonable doubt, while civil cases only require a preponderance of the evidence. A drunk driver acquitted of criminal charges can still be held fully liable for damages in a personal injury lawsuit.

Q: Do I need a serious injury to sue the drunk driver personally? 

A: To recover pain and suffering damages, your injury must meet Michigan’s serious impairment threshold under MCL 500.3135—death, permanent serious disfigurement, or an objectively manifested impairment affecting your ability to lead your normal life. You can still pursue PIP benefits and mini tort vehicle damage claims regardless of threshold.

Q: What if the drunk driver has no insurance or minimum limits? 

A: Your own uninsured/underinsured motorist coverage, a dram shop claim against the establishment that served them, and the drunk driver’s personal assets may all be available sources of recovery. We evaluate each potential source at the outset of the case to maximize your total recovery.

Q: Can I recover punitive damages from a drunk driver in Michigan? 

A: Michigan doesn’t recognize punitive damages in the same way some other states do, but it does allow exemplary damages for conduct that is willful, wanton, or reckless. Drunk driving frequently supports such claims—especially in cases involving high BAC, super drunk law violations, or repeat offenses—which means exemplary damages are often recoverable on top of compensatory damages.