See personal injury payouts made to real car accident victims in Michigan. Find case examples similar to yours.

More than 71,000 people are injured each year in Michigan car accidents.¹ If you or a loved one are injured in a crash, you are entitled to pursue compensation.

The average car accident settlement for a moderate injury claim in Michigan is $33,433. Average payouts range from $5,799 for minor injuries to $229,390 for severe injuries.

Average Michigan Settlement Amounts

We collected and analyzed a group of actual lawsuits filed in Michigan by plaintiffs injured in vehicle accidents. Each plaintiff received a court award or settled their case before trial.

Average Payout by Severity of Injury
Minor Injury	$5,799
Moderate Injury	$33,433
Severe Injury	$229,390
Payout Range by Severity of Injury
Minor Injury	$1,000 - $10,000
Moderate Injury	$11,500 - $75,000
Severe Injury	$62,434 - $800,000

Types of Motor Vehicle Accidents

The most common type of crashes in Michigan are side-impact collisions, including sideswipes, broadside, and angle collisions at intersections. The next most common crash type is rear-end collisions.

Average Side-Impact Collision Settlements
Minor Injury	$5,983
Moderate Injury	$37,727
Severe Injury	$221,037
Average Rear-End Accident Settlements
Minor Injury	$6,139
Moderate Injury	$27,887
Severe Injury	$191,060

Types of Car Accident Injuries

Our Michigan case group includes injuries ranging from soft-tissue sprains to amputations to permanent brain injuries. Neck and back injuries are the most common injuries from all kinds of vehicle accidents, followed by head injuries.

Victims of serious accidents often suffer multiple injuries. Payouts are intended to compensate for all the victim’s accident-related injuries, not just the most severe injury.

Most accident victims can expect to settle in the moderate payout range.

Average Neck and Back Injury Settlements
Minor Injury	$5,593
Moderate Injury	$32,251
Severe Injury	$194,551
Average Head Injury Settlements
Minor Injury	$7,240
Moderate Injury	$34,500
Severe Injury	$236,570

How Car Accident Settlements Are Calculated

Michigan is a no-fault state. Car owners can choose levels of no-fault coverage, ranging from $250,000 per person to unlimited coverage for bodily injuries.

Car accident victims have the right to pursue injury compensation directly from the at-fault driver only in limited circumstances, such as fatal or serious injuries, or injuries resulting in permanent disfigurement. Serious injury cases should only be handled by an experienced personal injury attorney.

Personal Injury Protection (PIP)

Michigan requires auto policies to include Personal Injury Protection (PIP) coverage, ranging from unlimited coverage to $250,000 per person, which covers your whole family. PIP can only be waived when every person in your household has proof of alternate injury coverage.

PIP covers:

• Medical expenses for your lifetime, or the limit of coverage selected
• Wage loss of up to three years
• Replacement services for up to three years
• Attendant services, including personal care from a family member, within limits

PIP coverage does not pay for pain and suffering.

Other factors that influence injury payouts in Michigan:

• Shared Fault – Michigan is a 51 percent modified comparative fault state. This means you can still seek compensation so long are you are not more than 50 percent to blame. Your compensation will be reduced according to your percentage of fault.
• Auto Policy Limits – In addition to PIP coverage, Michigan requires all vehicle owners to carry Residual Bodily Injury and Property coverage of $250,000 per person/$500,000 per accident for bodily injuries, and $10,000 for property damage to pay others for serious or fatal injuries that are your fault.
• Uninsured/Underinsured – Michigan does not require policyholders to have uninsured (UM) or underinsured (UIM) motorist coverage. You may purchase UM or UIM as optional coverage.
• Punitive Damages – Michigan does not allow punitive damages against at-fault parties. In limited circumstances, exemplary damages (distinct from punitive damages in Michigan) may be pursued in court.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries include soft-tissue bumps, bruises, strains and sprains. The victim is usually back to work after a few days of rest, and fully recovered from stiffness and soreness within a month.

Small Settlement for Fender-Bender Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,000
Case Summary: Plaintiff and defendant 1 were operating their respective vehicles in same direction and on the same road. Plaintiff came to a stop at an intersection controlled by traffic right and was rear-ended by defendant’s vehicle. Plaintiff claimed he sustained soft tissue neck and back injuries. Defendants maintained that this minor collision did not cause plaintiff any injury. Plaintiff alleged that he sustained a serious impairment of body function as a direct result of the underlying accident and that defendant Insurance breached its contract to provide no fault benefits. Defendants claimed that plaintiff drove his vehicle home from the scene of the accident, did not seek any emergency room treatment and underwent limited physical therapy with one or two neurology consults only. A settlement of $1,000 was reached on the eve of trial for disputed first party no fault PIP benefits.
Location: Wayne County, Michigan
Case Name and Docket Number: Maatouk v. State Farm, 06-631810-NF

Disputed Proof of Victim’s Accident Injuries

Type of Injury: Head Injury; leg fracture
Type of Accident: Side-impact
Award/Settlement Amount: $1,454
Case Summary: Plaintiff alleged that he suffered a closed head injury and a leg fracture when he was involved in a motor vehicle accident with a nonparty vehicle. The plaintiff contended that the defendant issued a policy of insurance under which he was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant denied liability, disputed the plaintiff’s injuries, and contended that he reported expenses that were unrelated to this accident without any reasonable proof, and that he failed to mitigate his damages. Jury found in favour of Plaintiff.
Location: Wayne County, Michigan
Case Name and Docket Number: Tinnin v. Farmers Insurance, 05-535535-NF

Wrist and Hand Injury from Head-On Collision

Type of Injury: Soft tissue injuries to plaintiff’s wrist and hand
Type of Accident: Head-on
Award/Settlement Amount: $1,500
Case Summary: Plaintiff and Defendant were operating their respective vehicles when they were involved in a head-on collision. The collision occurred at an intersection controlled by a traffic light, but the details of how the accident occurred were unavailable for publication. Liability was admitted by the defendant. Plaintiff alleged that he suffered soft tissue wrist and hand injuries from holding onto the steering wheel when his vehicle was struck head-on. Plaintiff sought damages for serious impairment of a bodily function as a direct result of this accident. Defendant contended that plaintiff was not seriously impaired. A jury returned a verdict in favor of plaintiff in the amount of $ 1,500 after 5 hours of deliberation.
Location: Wayne County, Michigan
Case Name and Docket Number: Cummings v. Morris, 02219890-NI

Fractured Ribs from T-Bone Collision

Type of Injury: Fractured ribs and bruising
Type of Accident: Side-impact
Award/Settlement Amount: $3,500
Case Summary: Plaintiff was operating her vehicle through an intersection when she was struck broadside by a vehicle owned by Defendant. The driver of defendant’s vehicle left the scene of the accident. Plaintiff was able to describe the vehicle and provide the license plate number. However, she was unable to identify the driver. Plaintiff argued that defendant was liable for her injuries. Plaintiff claimed to have sustained fractured ribs and significant bruising as a direct result of this accident. Defendant denied liability and claimed that his vehicle had been stolen several months prior to this accident. He provided documentation that he had filed a stolen vehicle report with the Police Department. In addition, he disputed that plaintiff’s injuries rose to the level of a serious impairment of a bodily function. Parties agreed to a settlement of $ 3,500.
Location: Macomb County, Michigan
Case Name and Docket Number: Kenney v. Najor, 2003-002175-NI

Mother and Daughter Settle Soft-Tissue Injury Claims

Type of Injury: Back, neck, legs and hands Injuries
Type of Accident: Rear-end
Award/Settlement Amount: $3,500
Case Summary: According to Plaintiff, she and her daughter, a minor, were injured in a motor vehicle accident. Their injuries reportedly included injuries to the legs, feet, knees, back, neck, shoulders, arms and hands. At the time of the accident, Plaintiff said she was insured by Defendant. She said the insurer compensated them for some of the expenses but failed to pay additional costs which continued to accrue. Plaintiff filed a lawsuit against Defendant seeking payment of no-fault benefits.The defendant denied the allegations and claimed, as affirmative defenses, the plaintiffs failed to provide reasonable proof of the alleged loss and failed to mitigate damages. Parties later reached settlement.
Location: Wayne County, Michigan
Case Name and Docket Number: Lewis v. Citizens Insurance, 07-723406-NF

Aggravation of Pre-Existing Neck Strain with Radiculopathy

Type of Injury: Neck injury-Aggravation of a pre existing neck strain with radiculopathy
Type of Accident: Side-impact
Award/Settlement Amount: $4,000
Case Summary: Defendant admitted to running a stop sign and striking the plaintiff’s vehicle in a “T-bone” collision. Plaintiff did not immediately seek emergency treatment and returned home after the accident. Later that night she went to the emergency room and was kept overnight for observation of a curvature of the spine, which preexisted the accident. Plaintiff alleged that defendant was negligent for not stopping at the stop sign. Plaintiff claimed aggravation of her pre existing neck strain with radiculopathy resulting in difficulty doing physical activities and household chores, and participating in her children’s athletic activities. Defendant contended that plaintiff was not seriously injured and any problems she had preexisted the accident. Per defendant counsel, the jury decided that plaintiff’s injury was serious for the four months during which she received active medical treatment and awarded her $ 1,000 per month.
Location: Washtenaw County, Michigan
Case Name and Docket Number: Kamp v. Davidson, 98-4944-NI

Elderly Passenger Injured in Rear-End Accident

Type of Injury: Soft tissue neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $4,500
Case Summary: Plaintiff, age 75, was a passenger in a vehicle driven by her son, Defendant. They were traveling when defendant rear-ended a van traveling in front of him. Plaintiff alleged that she suffered a soft tissue neck injury which constituted a serious impairment of a body function as a direct result of this accident. Defendant contended that plaintiff was not seriously injured and her claimed injury may have been degenerative in nature. Plaintiff agreed to settle the claim for $4,500 at case evaluation.
Location: Macomb County, Michigan
Case Name and Docket Number: Fallone v. Fallone, 2003-3392NI

Disputed EMG Testing Results by Experts

Type of Injury: Soft tissue neck, back and knees.
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was a passenger in defendant’s car when defendant rear-ended another vehicle. Details of the accident were not an issue since defendant admitted liability. The case proceeded to trial on the issues of damages only. Plaintiff alleged that she suffered serious soft tissue neck, back and knees injuries as evidenced by a positive EMG and her injuries were the direct result of the accident. Defendant contended that plaintiff was not seriously injured and independent diagnostic testing (EMG) was negative for any injury. The jury returned a plaintiff verdict in the amount of $ 5,000.
Location: Macomb County, Michigan
Case Name and Docket Number: Lee v. Freud, 98-4334-NI

Plaintiff Sues for Lost Wages from PIP Coverage

Type of Injury: Back, neck, right shoulder and right knee injuries; headaches
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff was involved in a motor vehicle accident and reportedly suffered headaches, injuries to her neck, back, right shoulder and right knee. She allegedly received medical services but Defendant, Insurance Company, failed to pay. Plaintiff sued Defendant asserting claims of violation of the No-Fault Act. Defendant denied Plaintiff was entitled to benefits for lost income, asserting she continued to work at her two jobs after the accident and only stopped working because she was terminated from one of the jobs and her other position was discontinued. Parties reached a settlement.
Location: Detroit City, Wayne County, Michigan
Case Name and Docket Number: Michigan Mgmt. v. State Farm, 2015-002364-NF

Benefits Sought for Injuries Caused by Uninsured Motorist

Type of Injury: Back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,000
Case Summary: Plaintiff was reportedly injured in a motor vehicle accident. At the time of the accident, Plaintiff was allegedly uninsured. Plaintiff allegedly applied for benefits under State Law and Defendant was reportedly assigned the claim as the responsible insurer. A claim was filed through which a $7,000 settlement was reached for benefits incurred. Plaintiff filed another lawsuit alleging defendant was in breach of contract by failing to pay the benefits for no-fault expenses relating to medical treatment, attendant care services and prescription costs incurred since the date of the settlement. The case underwent case evaluation and the panel awarded her $800.
Location: Wayne County, Michigan
Case Name and Docket Number: Kowalski v. Citizens Insurance, 08-114247-NF

Coverage Dispute Over Pre-Existing Back Injuries

Type of Injury: Back injury-aggravated Disc Damage; Lumbar Strain
Type of Accident: Rear-end
Award/Settlement Amount: $7,000
Case Summary: Plaintiff reportedly sustained a lumbar strain that aggravated pre-existing chronic degenerative changes of his lumbar spine in a motor vehicle accident with a non-party motorist. The plaintiff contended defendant had issued him a policy of insurance providing no-fault benefits, and the defendant unreasonably failed, refused or neglected to pay him the personal injury protection benefits available under the insurance contract. The defendant admitted the plaintiff had no-fault personal injury protection benefits available under the policy, but denied that the plaintiff’s claimed injuries and damages resulted from the accident. The plaintiff agreed to accept a $7,000 settlement from the defendant.
Location: Wayne County, Michigan
Case Name and Docket Number: Muscillo v. Home Owners, 2013-001220-NF

Plaintiff Impairment Claims Disputed, Case Settles

Type of Injury: Soft tissue musculoskeletal neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $7,500
Case Summary: Plaintiff was driving when she stopped at an intersection controlled by a traffic light. Her vehicle was rear-ended by a vehicle driven by Defendant. Plaintiff alleged she suffered serious soft tissue neck and back injuries that caused a serious impairment of body function. She argued that she was disabled from the injuries and unable to pursue a career as a police officer. Defendant admitted liability, but disputed that plaintiff’s injuries rendered her permanently disabled. Defendant contended plaintiff may have suffered minor soft tissue neck and back injuries from the accident, but she had recovered. He argued that any continuing complaints were not related to this accident. Plaintiff settled her claims for $7,500 prior to trial.
Location: Macomb County, Michigan
Case Name and Docket Number: Seibold v. Newkirk, 2004-02510-NI

Unbelted Plaintiff Shares Fault for Facial Cuts

Type of Injury: Head injury-lacerations under the chin and in the tongue, as well as lacerations in the scalp
Type of Accident: Side-impact
Award/Settlement Amount: $7,505
Case Summary: Plaintiff was an unbelted front seat passenger in a car driven by Defendant. The parties were traveling when they were “T-boned” by another car when defendant driver failed to stop for a red light. Plaintiff flew to the left side of the car, suffering lacerations under the chin and in the tongue requiring numerous stitches, as well as lacerations in the scalp which required staples from broken glass. Defendant admitted liability for the accident and the case proceeded on the issue of damages only. Plaintiff alleged that he was seriously and permanently disfigured as a result of defendant drag-racing with his auto. Defendant contended that the only visible, permanent scarring was underneath plaintiff’s chin and that his damages were very limited. Jury returned a plaintiff verdict for $ 7,900 less 5% comparative negligence for a net verdict of $ 7,505.
Location: Wayne County, Michigan
Case Name and Docket Number: Godin v. David, 98-828965-NI

Obese Plaintiff Impairment Claims Disputed

Type of Injury: Neck injury-two herniated cervical discs
Type of Accident: Rear-end
Award/Settlement Amount: $8,000
Case Summary: Plaintiff was on her way home from an appointment with a bariatric surgeon. She slowed and/or stopped while approaching an accident scene and was rear-ended by a vehicle driven by Defendant. Plaintiff alleged she sustained two herniated cervical discs as a direct result of this accident and claimed her injuries were a serious impairment of body function. She claimed she was unable to do housework or play with her grandchildren as she had in the past. Defendant admitted liability for the accident, but contended that plaintiff had a long medical history of obesity, total knee replacements in both knees (twice), shoulder replacement surgery, and she was seeking gastric bypass surgery on the day of the accident. Defendant presented medical records from the gastric bypass discussion that included plaintiff being unable to go up and down stairs. The jury awarded plaintiff $ 8,000
Location: Kent County, Michigan
Case Name and Docket Number: Kladder v. Pataniczek, 06-00647-NI

Fractured Arm with Residuals from T-Bone Accident

Type of Injury: Arm injury-fractured left arm
Type of Accident: Side-impact
Award/Settlement Amount: $8,900
Case Summary: Plaintiff was driving her vehicle near an intersection with the right-of-way. She was struck by a vehicle driven by Defendant, who failed to yield the right-of-way at a stop sign and “T-boned” plaintiff’s vehicle. Plaintiff suffered a fractured left arm and claimed residuals as a result of her injury, alleging a serious impairment of a bodily function. Defendant admitted liability for the accident, but disputed whether plaintiff’s injury rose to the level of a serious impairment. He argued that her injury was for a limited duration and that she had recovered. The jury returned a verdict for plaintiff in the amount of $ 8,900.
Location: Macomb County, Michigan
Case Name and Docket Number: Telep v. Vincent, 01-3974-NI

Victim Asserts that Headaches Constitute Serious Impairment

Type of Injury: Back injury-Low back soft tissue injury and headaches
Type of Accident: Rear-end
Award/Settlement Amount: $9,024
Case Summary: Plaintiff was at a stop light when he was rear-ended by a vehicle driven by Defendant. Defendant admitted liability for the moderate speed accident, but disputed the extent of plaintiff’s injuries. Plaintiff claimed he sustained a low back soft tissue injury and began having headaches six months post-accident. He claimed his complaints constituted serious impairments of body functions and were directly related to this accident. Defendant contended plaintiff recovered from his low back injury and did not suffer a serious impairment. Defendant claimed plaintiff’s headaches were unrelated to the accident. The jury returned a verdict in favor of plaintiff for $ 9,400 with a 4% comparative negligence deduction for a net verdict of $ 9,024.
Location: Oakland County, Michigan
Case Name and Docket Number: Glaser v. Dave, 2004-056211

Serious Impairment and Job Loss from Head Injury are Disputed

Type of Injury: Closed head injury
Type of Accident: Rear-end
Award/Settlement Amount: $10,000
Case Summary: Plaintiff was driving her vehicle on a residential street. She stopped at a stop sign and was rear-ended by a vehicle driven by Defendant. Defendant admitted liability for causing the accident and the case proceeded on the issues of causation and serious impairment. Plaintiff alleged she sustained a closed head injury as a direct result of this accident. She argued that the force of impact caused her to strike her head and that she lost her job as a result of her injuries. Defendant contended that this minor accident did not cause a serious impairment of body function. Defendant also argued any complaints plaintiff had were unrelated to this accident. The claims arising out of the subject motor vehicle accident were settled for $ 10,000 prior to trial.
Location: Wayne County, Michigan
Case Name and Docket Number: Taylor v. Bond, 09-0288110-NF

Insurer Forced to Pay No-Fault Benefits for Head Injury

Type of Injury: Head Injury
Type of Accident: Side-impact
Award/Settlement Amount: $10,000
Case Summary: Plaintiff said she was involved in a motor vehicle accident and suffered injuries. She reportedly sought no-fault benefits from her Insurance Company, but it allegedly failed to pay. The plaintiff sought damages for wage loss, replacement services and medical expenses. The case proceeded to case evaluation, the case evaluation panel awarded the plaintiff $10,000, and both parties accepted the award.
Location: Wayne County, Michigan
Case Name and Docket Number: McKenzie v. State Farm, 2015-000029-NF

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft tissue injuries, slipped or herniated discs, bone fractures, brain concussions, and whiplash. Victims may be out of work for weeks or months after the crash. Many victims are left with residual impairments.

Impairments Disputed After Low-Impact Collision

Type of Injury: Soft tissue cervical (neck) and lumbar (back) injuries
Type of Accident: Rear-end
Award/Settlement Amount: $11,500
Case Summary: Plaintiff was operating her vehicle near an intersection. While stopped for a red light, she was struck from behind by a vehicle driven by Defendant. Defendant admitted liability for causing the collision and the case proceeded on the issue of serious impairment of a body function. Plaintiff alleged she sustained significant soft tissue neck and back injuries which caused a serious impairment of body function. She claimed she had lingering pain and headaches to the date of settlement and the pain affected her daily activities. Defendant contended there was minor property damage from this low impact motor vehicle accident and plaintiff could not have sustained serious injuries. Defendant argued that plaintiff should have recovered from her minor injuries and the injuries did not affect her daily activities. The parties ultimately agreed to an $ 11,500 settlement.
Location: Macomb County, Michigan
Case Name and Docket Number: White v. Franklin, 2005-002417-NO

Jury Verdict for Alleged Pre-Existing Degenerative Changes

Type of Injury: Soft tissue cervical (neck) injury
Type of Accident: Rear-end
Award/Settlement Amount: $13,000
Case Summary: Plaintiff was driving her vehicle in a residential area. She stopped for a stop sign and was struck in the rear by a vehicle driven by Defendant. Defendant admitted that she struck plaintiff’s vehicle at low speed. The case proceeded to trial on the issue of plaintiff’s alleged injury. Plaintiff alleged that she sustained a neck injury as result of the impact. She argued that the impact was sufficient to cause the injury, which affected her ability to enjoy life. Defendant contended that this low speed minor accident could not have caused plaintiff’s injury. Defendant claimed plaintiff had similar complaints before the accident as a result of degenerative changes in her neck and any ongoing complaints were unrelated to this accident. A jury returned a verdict of $ 13,000 in favor of plaintiff.
Location: Genesee County, Michigan
Case Name and Docket Number: Burns v. Powe, 05-82547-NI

Case Seeking PIP Benefits for Head Injury Settles

Type of Injury: Head injury
Type of Accident: Side-impact
Award/Settlement Amount: $13,500
Case Summary: Plaintiff said she suffered injuries in a motor vehicle accident and was entitled to personal protection insurance (PIP) benefits from Defendant but Defendant reportedly failed to assign an insurer to her PIP claim. Plaintiff filed a lawsuit against Defendant, asserting the defendant unreasonably refused to assign an insurer. The plaintiff sought benefits for medical expenses, lost income and attendant care. The parties agreed to a $13,500 settlement. The court ordered the apportionment of the proceeds.
Location: Detroit City, Wayne County, Michigan
Case Name and Docket Number: Markham v. Farm Bureau, 2016-001333-NF

Plaintiff Asserts Insurer’s Willful and Wanton Disregard

Type of Injury: Head injury-traumatic brain injury
Type of Accident: Side-impact
Award/Settlement Amount: $15,000
Case Summary: Plaintiff claimed she was involved in a motor vehicle accident and sustained injuries. She said she was insured through a policy issued by Defendant and was entitled to personal protection benefits but the insurer failed to pay. Plaintiff filed a lawsuit against Defendant, asserting the defendant unreasonably refused to pay the benefits in violation of the No-Fault Act and acted with wilful and wanton disregard of her health and comfort in refusing to pay the benefits. The plaintiff sought damages for medical expenses, pain and mental anxiety. She also sought punitive damages. The parties reached a settlement for $15,000, and the case was dismissed.
Location: Wayne County, Michigan
Case Name and Docket Number: Odom v. Liberty Mutual, 2011-013919-NF

Plaintiff Suffers Closed Head Injury, Soft-Tissue Injuries, and Fracture

Type of Injury: Minor closed head injury; soft tissue cervical, thoracic and lumbar injuries; soft tissue injuries to plaintiff’s arms and shoulder and a left posterior column acetabular fracture.
Type of Accident: Side-impact
Award/Settlement Amount: $20,000
Case Summary: Plaintiff was a passenger in a vehicle traveling near an intersection. The vehicle was struck broadside by a westbound vehicle driven by Defendant. Plaintiff sustained a minor closed head injury, soft tissue cervical, thoracic and lumbar injuries, soft tissue injuries to plaintiff’s arms and shoulder and a left posterior column acetabular fracture. Plaintiff alleged Defendant failed to yield the right-of-way, was driving in excess of the posted speed limit and may have been intoxicated. Plaintiff claimed he suffered serious impairments of body function, such that he was unable to enjoy the normal activities of life. Defendant did not dispute the allegations. He however maintained that plaintiff made a good recovery and was not seriously impaired by his injuries. The parties reached a $ 20,000 settlement prior to trial.
Location: Wayne County, Michigan
Case Name and Docket Number: Campbell v. Alexander, 08-120249-NI

Plaintiffs Seeks UM/UIM Coverage for Disc Injuries

Type of Injury: Back injury-Spinal Nerve, disc herniations at L3-4 and L4-5, a disc bulge at L5-S1, and a spinal cord impingement
Type of Accident: Rear-end
Award/Settlement Amount: $20,000
Case Summary: Plaintiff alleged that she suffered back injuries when she was involved in a motor vehicle accident with a nonparty vehicle. The plaintiff contended that the defendant issued a policy of insurance under which she was entitled to uninsured / underinsured motorist coverage, and that it failed to honor the provisions of that policy. The defendant admitted liability but disputed the plaintiff’s injuries and contended that she had pre existing degenerative changes at L4-5, with injuries from a previous motor vehicle accident, and that she already suffered from a disability prior to this accident. Jury returned a Plaintiff verdict.
Location: Wayne County, Michigan
Case Name and Docket Number: Porter v. State Farm, 07-704583-NI

Plaintiff Sues Insurer for Failure to Pay PIP/Uninsured Benefits

Type of Injury: Back injuries; neck and back pain, headaches and a knee injury.
Type of Accident: Rear-end
Award/Settlement Amount: $20,956
Case Summary: Plaintiff was involved in a motor vehicle accident and reportedly suffered neck and back pain, headaches and a knee injury. Plaintiff stated that she sought personal protection (PIP) and uninsured motorist benefits from her Insurers but it failed to pay. Plaintiff filed a lawsuit against defendant for breach of contract. The defendant contended the plaintiff suffered only minor injuries in the accident and suffered multiple pre-existing and subsequently developing medical conditions which had no causal connection to the accident. The plaintiff’s claim for PIP benefits proceeded to trial, and a jury found in favor of the plaintiff. The plaintiff’s motion for attorney fees and costs was granted with Court awarding her an additional $35,300.
Location: Wayne County, Michigan
Case Name and Docket Number: McKinstry v. National Liability, 2015-013951-NF

Passenger with Fractured Hip Requires Surgery

Type of Injury: Leg Injury-hip fracture
Type of Accident: Side-impact
Award/Settlement Amount: $22,500
Case Summary: Plaintiff alleged that she suffered a hip fracture requiring surgery when the vehicle in which she was a passenger was involved in a motor vehicle accident with a nonparty. The plaintiff contended that she was an innocent victim of this accident and the defendant failed to honor its first party PIP contract to provide medicals and attendant care. The defendant denied liability and contended that evidence was clear that the plaintiff knew her 15-year-old sister was driving the vehicle without permission of its owner. Jury found in favour of the Plaintiff.
Location: Wayne County, Michigan
Case Name and Docket Number: Siggers v. Unitrin Direct, 06-612921-NF

Truck Runs Over and Fractures Pedestrian’s Foot

Type of Injury: Foot Fracture; Herniated Disc
Type of Accident: Pedestrian
Award/Settlement Amount: $24,500
Case Summary: Plaintiff, a 50 year old woman, was involved in a motor vehicle accident in which a truck ran over her foot. She was knocked to the ground and allegedly sustained a fractured foot and a lumbar disc herniation. She filed this breach of contract suit against her first-party, no-fault PIP carrier, defendant. Plaintiff alleged that defendant breached its contract to provide first party benefits, as she presented evidence of causation and the extent of the injuries. Defendant disputed that the plaintiff was entitled to damages under the insurance contract. The parties reached a settlement.
Location: Washtenaw County, Michigan
Case Name and Docket Number: Long v. State Farm, 11-011338-NF

Insurer Sued for Refusing to Pay PIP Benefits for Side-Impact Crash

Type of Injury: Back, neck, left knee, both arms injuries; headaches
Type of Accident: Side-impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff was injured in a motor vehicle accident and his claim for personal protection insurance (PIP) benefits was assigned to Defendant, Insurance but Defendant reportedly failed to pay the benefits. Plaintiff filed a lawsuit against Defendant, asserting the defendant unreasonably refused to pay the benefits. The plaintiff sought damages for medical expenses and replacement services. The parties agreed to a $25,000 settlement of the plaintiff’s PIP claim, and the court approved the settlement.
Location: Wayne County, Michigan
Case Name and Docket Number: Hicks v. Farm Bureau, 2014-014500-NF

Plaintiff Seeks Medical Expenses and Replacement Services Benefits

Type of Injury: Back and neck injuries; Leg-dislocation of the Knee
Type of Accident: Side-impact
Award/Settlement Amount: $25,000
Case Summary: Plaintiff who was employed by defendant claimed he suffered internal derangement of his right knee as well as injuries to his right elbow, back and neck when he was an occupant of a vehicle, owned by the defendant, in the course of his employment and was involved in a motor vehicle accident. The plaintiff contended the defendant was self-insured for the payment of personal protection insurance benefits but failed to honor its obligations as a self-insured entity. The defendant reportedly denied liability. Parties latter reached a settlement.
Location: Detroit City, Wayne County, Michigan
Case Name and Docket Number: Brown v. Detroit City, 2012-002192-NO

Parties Settle Disputed Benefits Case for Head Injuries

Type of Injury: Head injury-nerve damage
Type of Accident: Side-impact
Award/Settlement Amount: $26,000
Case Summary: Plaintiff said he was injured in a motor vehicle accident and filed an application for no-fault benefits and Defendant was assigned as his no-fault carrier but Defendant reportedly failed to fully pay the benefits. Defendant filed a lawsuit against Defendant asserting it unreasonably refused to pay the benefits. The plaintiff sought damages for medical expenses, lost wages and replacement services. The parties agreed to a $26,000 settlement of the plaintiff’s claim, and the court approved the settlement and designated the plaintiff and his attorneys as the proper payees of the proceeds.
Location: Detroit City Wayne County, Michigan
Case Name and Docket Number: Jackson v. Farmers Insurance, 2015-002673-NF

Victim’s Medical Providers Intervene in Case Against Insurer

Type of Injury: Back injuries-Cervical strain, cervical radiculopathy
Type of Accident: Rear-end
Award/Settlement Amount: $26,113
Case Summary: Plaintiff reportedly suffered a cervical strain/sprain and cervical radiculopathy in a motor vehicle accident. She said she was entitled to personal protection benefits per an insurance policy issued by Defendant, but the insurer failed to fully pay the benefits. Plaintiff filed a lawsuit against Defendant, asserting the defendant unreasonably refused to pay the benefits. Plaintiff’s medical providers and others intervened in the action, asserting they provided health care services to the plaintiff with regard to her injuries and sought payment from Defendant for the services, but it failed to pay. The defendant asserted no benefits were due to the plaintiff and the intervenors. Jury found in favour of Plaintiff.
Location: Southfield, Wayne County, Michigan
Case Name and Docket Number: Jones v. 21st Century, 2014-000117-NF

Bad Faith Case Over Traumatically Induced Grave’s Disease

Type of Injury: Neck Injury-anterior neck area
Type of Accident: Rear-end
Award/Settlement Amount: $26,797
Case Summary: Plaintiff claimed bad faith on the part of the defendant insurance company when they refused to pay for traumatically induced Graves disease that required surgery, that the plaintiff sustained in a vehicle accident. The plaintiff contended that the defendant breached the insurance contract by denying payment for the injuries. The defendant contended that the plaintiff’s disease did not result from the motor vehicle accident but was triggered by stress. The plaintiff’s wife was also denied payment from the defendant for injuries she sustained in the same collision and was awarded $26,797.
Location: Oakland County, Michigan
Case Name and Docket Number: Anton v. State Farm, 95-495854-NF

Insurance Company Asked for Special Jury Instructions

Type of Injury: Head injuries-traumatic brain injury
Type of Accident: Side-impact
Award/Settlement Amount: $27,792
Case Summary: Plaintiff claimed she sustained injuries in a motor vehicle accident at an intersection. Plaintiff, who carried no-fault liability coverage through Defendant, filed a lawsuit against her insurer, claiming the defendant refused to pay medical expenses, wage loss benefits and household replacement services owed. The insurer denied negligence and requested a special jury charge instructing jurors a person in Plaintiff’s position had an obligation to exercise ordinary care to minimize her claimed losses. Jurors determined Plaintiff sustained accidental bodily injury arising from the motor vehicle accident at issue and was entitled to $19,992 in lost wages, $7,800 for replacement service expenses and $3,335 for interest owed on overdue benefits.
Location: Ingham County, Michigan
Case Name and Docket Number: Mire v. Secura Insurance, 05-1073-NF

Defendant Blames Crash on Heavy Rain and Victim’s Mother

Type of Injury: Back injury-Lumbar disc protrusion at L5-S1, with residual myofascial pain
Type of Accident: Rear-end
Award/Settlement Amount: $29,000
Case Summary: Plaintiff was a passenger in a vehicle driven by her mother when they were rear-ended by a car driven by defendant. Plaintiff asserted that her mother had established herself in her lane of travel when the collision occurred and that defendant failed to maintain a proper lookout and a proper distance. Plaintiff claimed the impact was sufficient to cause a lumbar disc protrusion at L5-S1, with residual myofascial pain. Defendant contended that he was unable to stop in time to avoid the accident because plaintiff’s mother abruptly changed lanes to make a left turn. Defendant argued that there was heavy rain at the time of the impact, causing impaired visibility and braking capacity. Defendant also asserted that plaintiff did not suffer a serious impairment of body function. The parties reached a $29,000 settlement two days before trial.
Location: Wayne County, Michigan
Case Name and Docket Number: Hurst v. Henwood, 09-025144-NI

Plaintiffs Share Agreed-Upon Injury Settlement

Type of Injury: Back injury-herniated Disc; Nose fracture
Type of Accident: Side-impact
Award/Settlement Amount: $30,000
Case Summary: Plaintiff 1, then covered under an auto insurance policy by defendant reportedly suffered a disc herniation in her neck as a result of a motor vehicle accident in which he was a passenger. Plaintiff 2, also a passenger in defendants vehicle and covered under an auto insurance policy reportedly suffered a fractured nose as a result of the accident. Plaintiffs’ next friend claimed that Defendant’s negligent driving caused the subject vehicle accident and the resulting damages. The defendants disputed the claims alleged. Parties reached a settlement. Plaintiff 1 got $12,000 of the settlement while Plaintiff 2 was allocated $30,000.
Location: Wayne County, Michigan
Case Name and Docket Number: Ami v. Nasser, 2014-008431-NI

Bilateral Wrist Injury Case Settled Before Trial

Type of Injury: Injuries to both wrists
Type of Accident: Rear-end
Award/Settlement Amount: $32,500
Case Summary: Plaintiff was driving his own vehicle when he was rear-ended by a vehicle driven by Defendant. There was no dispute over liability and the details of this minor accident were not an issue. Plaintiff claimed that his hands were on the steering wheel when the impact occurred, causing injuries to both wrists. The injuries, which were surgically repaired 18 months post-accident, commonly do not appear until six months after the traumatic event, according to plaintiff’s expert. Plaintiff alleged that he suffered a serious impairment of a body function as a direct result of this accident. Defendant contended that plaintiff did not suffer a serious impairment of body function and that plaintiff’s injury did not affect his ability to go on with his life. The case settled for $32,500 prior to trial.
Location: Macomb County, Michigan
Case Name and Docket Number: Pingle v. Powers, 2004-2937-NI

Insurer Forced to Reimburse Attendant Care Benefits

Type of Injury: Head injury-memory impairment
Type of Accident: Side-impact
Award/Settlement Amount: $38,707
Case Summary: Plaintiff was allegedly covered under an automobile insurance policy with Defendant, Insurance Company, when he was involved in a motor vehicle accident but Defendant declined to pay him for his damages. Plaintiff sued Defendant. Defendant denied liability. Jurors found in favour of plaintiff and determined Plaintiff was entitled to be reimbursed 2,880 hours of attendant care, at a costs of $12 an hour amounted to $34,560. Plaintiff was also awarded $4,147 in interest on the overdue payments. Judge later issued an amended judgment, taxing the defendant with an additional $8,373.75 for costs, $43,497.50 for attorneys’ fees and statutory judgment interest of $16,956.24, for a total judgment of $107,534.49.
Location: Warren City, Macomb County, Michigan
Case Name and Docket Number: Krasniqi v. State Farm, 04-4608-NF

Insurer Argues Victim Failed to Honor Policy Provisions

Type of Injury: Back injuries-herniated discs at L5-S1 and a broad-based protrusion to the C4-C5 disc
Type of Accident: Rear-end
Award/Settlement Amount: $49,000
Case Summary: Plaintiff claimed he suffered herniated discs at L5-S1 and a broad-based protrusion to the C4-C5 disc when he was involved in a motor vehicle accident with a non-party motorist, and six weeks later was rear-ended by another non-party motorist. The plaintiff contended defendant Indemnity Company had issued him a policy of insurance under which he was entitled to personal protection insurance benefits and the defendant failed to honour the provisions of that policy. The defendant denied liability and contended it refused to pay the benefits based on the plaintiff’s failure to appear for independent medical examinations on at least three occasions. Parties reached settlement.
Location: Wayne County, Michigan
Case Name and Docket Number: Richard v. Geico Indemnity, 2014-004958-NI

Blunt Trauma Aggravates Pre-Existing Gallbladder Condition

Type of Injury: Aggravation of preexisting gallbladder condition; thumb and finger injuries
Type of Accident: Side-impact
Award/Settlement Amount: $50,000
Case Summary: Plaintiff was driving south when his vehicle was broadsided at an intersection. Plaintiff claimed defendant driver failed to stop at a stop sign and collided with his vehicle. Plaintiff alleged he sustained serious bruising near his gallbladder that resulted in surgical removal of same four weeks post-accident. He acknowledged that he had been treated for gallstones prior to this accident. Plaintiff also claimed he sustained thumb and finger injuries from the accident. His treating physician opined that blunt trauma such as what plaintiff experienced in this accident could result in damage to the bile duct and the need for removal of the gallbladder. Defendant admitted liability for causing the accident, but argued that plaintiff’s gallbladder removal was not related to this accident. The parties settled for $50,000, which was the case evaluation amount.
Location: Washtenaw County, Michigan
Case Name and Docket Number: Dobrovich v. Ashton, 06-1433-NI

Insurer Sued for Medical Bills, Lost Wages, Replacement Services

Type of Injury: Whiplash
Type of Accident: Rear-end
Award/Settlement Amount: $50,000
Case Summary: Plaintiff said she was injured in a motor vehicle accident and filed an application for no-fault benefits with the Defendant but Defendant reportedly failed to fully pay the benefits. Plaintiff filed a lawsuit against Defendant, asserting it unreasonably refused to pay the benefits. The plaintiff sought damages for medical expenses, lost wages and replacement services. The parties agreed to a $50,000 settlement of the plaintiff’s claim, and the court approved the settlement and ordered the distribution of the proceeds.
Location: Wayne County, Michigan
Case Name and Docket Number: Jackson v. Farmers Insurance, 2015-002674-NF

PIP Insurer Failed to Pay Victim’s Medical Bills

Type of Injury: Back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $62,400
Case Summary: Plaintiff was reportedly injured in a motor vehicle accident and received medical services with regard to his injuries. Plaintiff’s medical providers said that Defendant Insurance Company was first in the order of priority to pay Plaintiff’s claim for no-fault benefits, they submitted bills to Defendant with regard to the medical services they rendered but Defendant failed to fully pay. Plaintiff’s medical providers filed a lawsuit seeking payment of the benefits by Defendant. The parties agreed to a $62,400 settlement of the plaintiffs’ claim, and the court granted the plaintiffs’ motion to enforce the settlement agreement.
Location: Wayne County, Michigan
Case Name and Docket Number: Oakland Centre v. Liberty Insurance, 2015-002972-NF

Jury Award for No-Fault Attendant Care Benefits

Type of Injury: Head injuries
Type of Accident: Side-impact
Award/Settlement Amount: $65,000
Case Summary: Plaintiff, a minor, was reportedly injured in a motor vehicle accident. At the time of the accident, he was reportedly insured by a policy issued by Defendant. She said that as a result of the accident, Plaintiff incurred medical expenses, attendant care expenses, medical transportation expenses and other allowable expenses. Defendant, however, allegedly failed to fully pay. Plaintiff through his mother as next friend filed a lawsuit against Defendant seeking payment of the benefits. The parties agreed to settle the matter for $65,000. Judge approved the agreement, noting the settlement amount was for all no-fault attendant care benefits.
Location: Detroit City, Wayne County, Michigan
Case Name and Docket Number: Williams v. Auto Club, 08-018351-NF

Judge Grants Motion to Enforce PIP Benefits Settlement

Type of Injury: Head injury
Type of Accident: Side-impact
Award/Settlement Amount: $70,000
Case Summary: Plaintiff reportedly was involved in a motor vehicle accident. He said he was insured under an insurance policy issued by Defendant and filed a claim for no-fault benefits but the insurer failed to fully pay. Plaintiff filed a lawsuit against Defendant asserting a claim of breach of contract. The plaintiff sought damages for medical expenses, lost wages and attendant care expenses. He also sought interest, alleging the payment of his personal protection insurance benefits was overdue. The parties agreed to a settlement of $70,000 for personal protection insurance benefits. Judge granted the plaintiff’s motion to reinstate the case and enforce the settlement.
Location: Detroit City,Wayne County, Michigan
Case Name and Docket Number: Hafeed v. Auto Club, 10-014688-NF

Car Accident Victim Sues for PIP Benefits, Case Settles

Type of Injury: Back injuries
Type of Accident: Side-impact
Award/Settlement Amount: $75,000
Case Summary: Plaintiff said she was injured in a motor vehicle accident and sought personal protection insurance (PIP) benefits Defendant, Insurance Company but the insurer failed to fully pay. Plaintiff filed a lawsuit against Defendant, asserting the defendant unreasonably refused to pay the benefits. The plaintiff sought monetary damages. The parties agreed to a $75,000 settlement of the plaintiff’s claim, and the court granted the plaintiff’s motion to designate her as payee of the settlement proceeds.
Location: Wayne County, Michigan
Case Name and Docket Number: Okai v. Farm Bureau, 2015-006807-NF

Severe Injury Case Examples

Severe vehicle crash injuries include traumatic brain injuries, complicated fractures, amputations, and disabling neck and back injuries. Severe injury victims are often left with permanent disabilities and lose the ability to resume employment or pre-crash activities.

Jury Award for Unreasonable Delay/Denial of PIP

Type of Injury: Head injury-traumatic brain injury
Type of Accident: Side-impact
Award/Settlement Amount: $62,434
Case Summary: Plaintiff alleged that she suffered a traumatic brain injury in a motor vehicle accident, and required attendant care. Plaintiff filed a lawsuit against her Insurance Company for failing to fully pay for the care, asserting breach of contract. The plaintiff sought allowable expenses, including expenses for care, recovery and rehabilitation and other personal protection benefits per applicable no-fault provisions. A jury found in favor of the plaintiff, awarding her $178,533.33. The court determined there was an unreasonable denial and/or delay in the payment of the no-fault benefits and awarded the plaintiff $113,692.50 in attorney fees. The court also awarded costs of $2,406.50
Location: Washtenaw County, Michigan
Case Name and Docket Number: Medical Alternatives v. Auto-Owners Insurance, 2015-000751-NF

Jury Award for Brain Injury, Injuries to Back and Limbs

Type of Injury: Head injury-traumatic brain injury; Back injury-injuries to cervical spine; left shoulder, jaw, left elbow and left leg injuries.
Type of Accident: Rear-end
Award/Settlement Amount: $62,434
Case Summary: Plaintiff’s motor vehicle was rear-ended by another vehicle at a red traffic light and reportedly sustained a traumatic brain injury, injuries to her cervical spine, left shoulder, jaw, left elbow and left leg. Plaintiff was reportedly insured by Defendant Company which was responsible for paying her personal injury protection benefits but refused to pay the benefits for treatments. Plaintiff’s guardian sued Defendant alleging breach of its contractual and statutory obligations by failing to pay her no-fault benefits. Defendant responded and claimed all amounts owed to Plaintiff were paid in full. Jurors awarded her Plaintiff $56,376 for her allowable expenses and $6,765.12 for interest owed on overdue benefits.
Location: Oakland County, Michigan
Case Name and Docket Number: Nail v. Farmers Insurance, 07-084566-NF

Case Settles for Neck and Shoulder Injuries Requiring Surgery

Type of Injury: Shoulder-aggravated Shoulder Injury; Neck-aggravated Neck Strain
Type of Accident: Rear-end
Award/Settlement Amount: $62,500
Case Summary: Plaintiff claimed he suffered an aggravation of the neck and right shoulder injuries he suffered in an earlier motor vehicle accident and underwent right shoulder surgery when he was rear-ended by a non-party motorist. Plaintiff filed a lawsuit against defendant contending he was entitled to personal protection benefits per an insurance policy issued by the defendant but the defendant failed to pay. The case was consolidated with the case regarding the earlier accident. The defendant denied liability and contended the plaintiff’s life did not change after the second accident, and he was considered a candidate for the right shoulder surgery after the first accident. Parties reached a settlement.
Location: Detroit City, Wayne County, Michigan
Case Name and Docket Number: Zakaria v. Allstate Property, 2014-014620-NI

Plaintiff Becomes Legally Incapacitated, Guardian Settles Case

Type of Injury: Back injury-spinal injury
Type of Accident: Rear-end
Award/Settlement Amount: $68,500
Case Summary: Plaintiff said he was involved in a motor vehicle accident. He claimed he applied for benefits pursuant to the policy and was paid wage loss and medical expenses. However, Defendant allegedly refused to make further payment for chiropractic medical benefits, medical mileage, attendant care or replacement services expenses. Plaintiff sued Defendant for breach of contract. Plaintiff became legally incapacitated and was replaced his guardian. Plaintiff’s guardian filed a motion to approve a settlement with Defendant for $68,500, $17,700 for medical providers, $25,301.69 for Plaintiff’s family care providers, $21,500.85 for attorney fees and $3,997.46 for costs. Judge approved the settlement.
Location: Wayne County, Michigan
Case Name and Docket Number: Kennedy v. State Farm, 07-729783-NF

Jury Award for Plaintiff’s Back Surgery PIP Benefits

Type of Injury: Back injuries-lumbar
Type of Accident: Rear-end
Award/Settlement Amount: $68,984
Case Summary: Plaintiff reportedly was injured in a motor vehicle accident, was entitled to no-fault insurance coverage from Defendant, Insurance Company, and obtained medical treatment for his injuries from a Hospital. The Hospital said Plaintiff’s treatment included a myelogram and back surgery. The Hospital sued Defendant for failing to pay for the Plaintiff’s treatment. The defendant denied the claim. A jury found in favor of the plaintiff, awarding it $68,983.82. The court entered judgment and noted the judgment was exclusive of the plaintiff’s claim for case evaluation sanctions, attorney fees and costs. The parties reached a resolution and stipulated to set aside the judgment, and the court set aside the judgment.
Location: Wayne County, Michigan
Case Name and Docket Number: Providence Hospital v. Auto-Owners, 2016-010204-NF

Victim Ejected from Vehicle Suffers Brain Damage, Broken Back

Type of Injury: Head Injury-brain damage, Multiple vertebrae fractures, Visual and Speech Impairment, Subdural Hematoma, Cosmetic ear damage
Type of Accident: Head-on
Award/Settlement Amount: $72,643
Case Summary: Plaintiff was involved in a motor vehicle accident and was ejected from his vehicle. He claimed he suffered a traumatic brain injury which resulted in psychosis, paranoia, personality changes, explosive and volatile behavior, memory loss and cognitive deficits. He also suffered a subdural hematoma, a C5-C6 fracture, visual changes and speech impairments, and his ear was ripped off. Plaintiff contended he was entitled to personal protection insurance benefits per an insurance policy issued by defendant Michigan Property & Casualty Guaranty Association, but the defendant failed to honour the provisions of that policy. The defendant denied liability.
Location: Washtenaw County, Michigan
Case Name and Docket Number: Shane v. Michigan Property, 2013-001008-NF

Plaintiff Sues Her Insurer for Head Injury PIP Coverage

Type of Injury: Head Injury
Type of Accident: Side-impact
Award/Settlement Amount: $75,000
Case Summary: Plaintiff claimed she suffered a closed head injury when a non-party motorist made a U-turn into her vehicle. The plaintiff contended defendant, Insurance Company, had issued her a policy of insurance under which she was entitled to personal protection insurance benefits and the defendant failed to honour the provisions of that policy. The defendant denied liability and contended the plaintiff had been involved in a motor vehicle accident earlier and never recovered from that accident. Jury returned a Plaintiff verdict. After trial, the plaintiff filed a motion for case evaluation sanctions, and the court granted the motion, awarding her $31,150 in sanctions.
Location: Wayne County, Michigan
Case Name and Docket Number: Jones v. State Farm, 2015-016694-NI

Passenger Suffers Permanent Scarring from Facial Lacerations

Type of Injury: Head injury-forehead laceration resulting in scarring.
Type of Accident: Side-impact
Award/Settlement Amount: $80,000
Case Summary: Plaintiff was a passenger in a commercial security van which made stops to collect money. Plaintiff’s driver was traveling through an intersection when the van was broadsided by defendant’s vehicle. The resulting impact caused significant front-end damage to both vehicles, and plaintiff struck his head on the windshield of the van. He suffered a forehead laceration. The court granted defendant’s motion for directed verdict on the issue of serious impairment and the case proceeded on the issue of damages only. Plaintiff alleged the forehead scarring was permanent and visible and he would be affected by it for the rest of his life. Defendants contended it was possible plaintiff’s scar could be reduced by further revision surgery and that he made little attempt to hide it, noting that he shaved his head instead of letting his hair grow. Jury awarded plaintiff $80,000.
Location: Macomb County, Michigan
Case Name and Docket Number: McLain v. Schneider, 2006-000828-NI

Insurance Company Sued for Brain Injury PIP Benefits

Type of Injury: Head injury-brain injury
Type of Accident: Side-impact
Award/Settlement Amount: $83,976
Case Summary: Plaintiff was reportedly involved in a motor vehicle accident and sustained personal injuries, including a brain injury, and incurred medical and attendant care expenses as a result. At the time of the accident, she was insured by Defendant. Defendant allegedly refused to pay the no-fault benefits due, including attendant care benefits. Plaintiff sued defendant alleging breach of policy. The defendant denied the allegations. Jury found in favour of the plaintiff, awarding her $83,976.37 in damages. Judge entered a final judgment accordingly and taxed the defendant with court costs of $6,254 and judgment interest of $7,733.92, for a total judgment of $97,964.29.
Location: Oakland County, Michigan
Case Name and Docket Number: Shin v. Automobile Club, 07-085720-NF

PIP Case For Brain Injury, Disc Damage, Facial Trauma, More

Type of Injury: Head Injury-Brain Damage,Headaches; Back Injury-Herniated Disc; Shoulder, Cartilage, Knee Injuries.
Type of Accident: Side-impact
Award/Settlement Amount: $85,000
Case Summary: Plaintiff claimed she suffered a closed head injury, a traumatic brain injury, post-traumatic headaches, disc herniations at C3-C4 and L3-L5, a supraspinatus and slap tear of the left shoulder, a tear of the posterior horn of the medial meniscus of the left knee, temporomandibular joint dysfunction, facial trauma and post-traumatic stress disorder when she was involved in a motor vehicle accident on an expressway near an intersection. The plaintiff contended defendant had issued her a policy of insurance under which she was entitled to personal protection insurance benefits and the defendant failed to honor the provisions of that policy. The defendant reportedly denied liability. Parties reached a settlement.
Location: Wayne County, Michigan
Case Name and Docket Number: Romero v. The Hanover, 2015-001137-NF

Bicyclist Struck and Dragged by Motorist, Sues for PIP Benefits

Type of Injury: Back Injury-disc herniation at L5-S1; Cartilage- Knee injury
Type of Accident: Side-impact
Award/Settlement Amount: $85,000
Case Summary: Plaintiff claimed she suffered a disc herniation at L5-S1, multilevel cervical spine disc herniations, and a midsubstance lateral meniscus vertical tear to the right knee when she was riding her bicycle when non-party motorist struck her and dragged her 5-10 feet. The plaintiff contended she was entitled to personal protection insurance benefits from defendant but the defendant failed to pay. The defendant denied liability and contended the plaintiff was involved in an intervening motor vehicle accident 8 months after the subject accident, and the injuries from the later accident superseded the alleged injuries from the earlier accident. Parties reached a settlement.
Location: Wayne County, Michigan
Case Name and Docket Number: Josey v. Farm Bureau, 2015-004629-NI

Jury Verdict for Head Injury, Cervical Strain from Rear-End Collision

Type of Injury: Head Injury-closed head injury; Back injury- cervical strain
Type of Accident: Rear-end
Award/Settlement Amount: $150,000
Case Summary: Plaintiff alleged that he suffered a closed head injury and a cervical strain when his pickup truck was struck from the rear by the co-defendant’s vehicle. The plaintiff contended that the defendant operated the vehicle in a negligent manner, failed to keep a proper lookout, drove at an excessive rate of speed, and failed to maintain an assured clear distance. The plaintiff further contended that the co-defendant negligently entrusted its vehicle to the defendant. The defendants denied liability, disputed the plaintiff’s injuries, and contended that they were unrelated to this accident. The defendants further contended that the plaintiff failed to wear his seatbelt. Jury returned a Plaintiff verdict.
Location: Kent County, Michigan
Case Name and Docket Number: Mahieu v. Vanovern, 06-06841-NI

Crash Victim Sues for PIP Benefits, Settles with Insurer

Type of Injury: Back injury-cervical and lumbar spine
Type of Accident: Rear-end
Award/Settlement Amount: $175,000
Case Summary: Plaintiffs who were insured by Defendant, reportedly were involved in a motor vehicle accident, suffered injuries, and sought personal protection (PIP) benefits from Defendant, and Defendant allegedly failed to fully pay. Plaintiffs filed a lawsuit against Defendant, asserting the defendant unreasonably refused to pay the benefits. The plaintiffs sought benefits for medical expenses, replacement services, and attendant care. During trial, the parties reached a $175,000 settlement of the plaintiffs’ claims. The court ordered the disbursement of the proceeds.
Location: Macomb County, Michigan
Case Name and Docket Number: Hitch v. Allstate Insurance, 2017-000579-NF

Plaintiff in Head-On Crash with Truck Caused by Bicyclist

Type of Injury: Arm injury-a fractured right lower arm
Type of Accident: Head-on
Award/Settlement Amount: $200,000
Case Summary: Plaintiff was driving her vehicle southbound. Defendant was southbound on his bicycle on the same road. According to plaintiff, defendant suddenly and without warning swerved directly in front of her vehicle. In order to avoid striking defendant on his bicycle, plaintiff crossed the median line and struck an oncoming northbound truck head-on. There was no contact between plaintiff’s vehicle and defendant’s bicycle. Plaintiff sustained a fractured right lower arm which required an open reduction with fixation of plates and screws. Plaintiff argued that defendant caused the accident when he swerved into her path. Defendant argued that plaintiff was speeding and failed to pay attention to defendant and noted that plaintiff admitted she did not see defendant at an earlier point in the roadway. The parties reached a $200,000 facilitated settlement.
Location: St. Clair County, Michigan
Case Name and Docket Number: Matheny v. Collier, 09-000646-NI

Plaintiff Wins Despite Insurer Blaming Drug Addiction

Type of Injury: Head injury-closed head injury
Type of Accident: Side-impact
Award/Settlement Amount: $200,000
Case Summary: Plaintiff, a 35-year-old male with a history of multi-substance addictions, suffered bad faith when he was denied additional payment by the defendant insurance company for a medical and wage loss claim after the plaintiff suffered an alleged closed head injury in a motor vehicle accident. The plaintiff had already received $200,000 in benefits from the defendant. The plaintiff contended that the defendant breached the contract. The defendant denied the plaintiff was injured in the collision and contended that his injuries were related to his substance addiction. A jury found in favour of the Plaintiff.
Location: Washtenaw County, Michigan
Case Name and Docket Number: Burns v. State Farm, 94-1579-NF

Knee Derangement Injury Dispute Settled Before Trial

Type of Injury: Knee injury-internal derangement of her knee
Type of Accident: Side-impact
Award/Settlement Amount: $250,000
Case Summary: Plaintiff was driving her vehicle near an intersection. Defendant, who was operating a vehicle owned by co-defendant, attempted a left turn into a private drive and struck plaintiff’s vehicle broadside. There was significant damage to plaintiff’s vehicle. Defendant admitted causing the accident. Plaintiff alleged that she had complaints of knee pain from the date of the accident. Within eight months, she was diagnosed with an internal derangement of her knee which required four surgeries and future knee replacement was possible. Plaintiff argued she had no other intervening events which would have caused her injury and that it was a serious impairment of a body function. Defendants contended that plaintiff’s injury could not have been caused by this accident as it was not diagnosed until eight months post-accident. The case was settled for $ 250,000 via facilitation.
Location: Macomb County, Michigan
Case Name and Docket Number: Kinnie v. Brasile, 2007-003336-NI

Plaintiff Ejected from Vehicle, Seriously Injured in Head-On Crash

Type of Injury: Head injuries-lacerations to her head and brain; neck and jaw
Type of Accident: Head-on
Award/Settlement Amount: $275,881
Case Summary: Plaintiff was involved in a motor vehicle accident in which she was ejected from her vehicle and found on the freeway. She suffered serious injuries, including lacerations to her head and brain, lower extremities, neck and jaw. At the time, she had automobile insurance with Defendant but Defendant allegedly refused to pay. Plaintiff sued Defendant alleging violation of State Laws. Defendant denied the allegations. The jury determined the plaintiff did suffer bodily injury and awarded her a total of $308,986.40 in damages against Defendant. The award included $262,455.71 for allowable expenses owed, $13,425 for work loss and $33,105.69 for interest on overdue benefits.
Location: Wayne County, Michigan
Case Name and Docket Number: Vasilchuk v. Farmers Insurance, 05-507090-NF

Insurer to Pay Benefits for Back Injury and Leg Amputation

Type of Injury: Back Injury-Spinal stenosis, amputation of left leg
Type of Accident: Side-impact
Award/Settlement Amount: $304,000
Case Summary: Plaintiff filed a claim for medical benefits for back surgery to correct his spinal stenosis, which he stated was a result of a motor vehicle accident requiring the amputation of his left leg. The plaintiff contended that the defendant breached its contract to provide first party no-fault benefits and that its denial of the medical claim was in bad faith. The defendant denied liability and contended that the plaintiff’s spinal stenosis was unrelated to the motor vehicle accident. The Jury returned a Plaintiff verdict.
Location: Oakland County, Michigan
Case Name and Docket Number: Roualet v. Farmers Insurance, 08-089292-NF

Guardian Settles Case for Child Pedestrian Hit by Taxi

Type of Injury: Head and Leg injuries
Type of Accident: Pedestrian
Award/Settlement Amount: $361,081
Case Summary: Pedestrian is a minor child who sustained injuries to his head and legs when he was involved in a motor vehicle accident with a vehicle owned by a taxi company. Guardians of the plaintiff filed a lawsuit against the taxi driver, taxi company, and its insurance company. The suit asserted the driver was negligent in driving too fast, failing to keep the vehicle under control, failing to stop, and failing to observe the roadway in front of the vehicle. The taxi driver and company were dismissed from the action, and a $361,081 settlement was reached with the insurance company.
Location: Wayne County, Michigan
Case Name and Docket Number: Maxwell v. Simmons, 2013-011513-NI

Victim Non-Responsive from Motor Vehicle Crash Injuries

Type of Injury: Back injury-Multiple Vertebrae Fractures; Multiple Fractures of one Arm; Scapula Fracture; Brain Hemorrhage, Intraventricular Cerebral-Nose Fracture; Kidney- Kidney Laceration; Lung-Lung Damage.
Type of Accident: Side-impact
Award/Settlement Amount: $406,000
Case Summary: Plaintiff reportedly suffered several injuries including subarachnoid hemorrhage in the left frontal region, an intraventricular hemorrhage in the third and fourth ventricles, a nasal septum fracture, a left humeral shaft fracture, a fracture-dislocation of the left forearm, a comminuted fracture to the left scapular body and spinous process fractures, leaving him permanently unresponsive and unable to move, after he allegedly was involved in a motor vehicle accident. The plaintiff contended defendant had issued him a policy of insurance under which he was entitled to personal protection insurance benefits and the defendant failed to honour the provisions of that policy. The defendant reportedly denied liability. Parties later reached a settlement.
Location: Wayne County, Michigan
Case Name and Docket Number: Florence v. Hanover Insurance, 2014-001302-NF

Jury Award to Pedestrian with Brain Injury, Multiple Fractures

Type of Injury: Head injury-brain injury; multiple fractures
Type of Accident: Pedestrian
Award/Settlement Amount: $597,535
Case Summary: Plaintiff was involved in a motor vehicle accident and sustained injuries. He said he was entitled to insurance benefits under a policy with Defendant. Despite appropriate notification of application for benefits, Defendant refused to pay the no-fault benefits due to Plaintiff, including attendant care benefits. Plaintiff filed a lawsuit against Defendant. In an attendant care evaluation regarding Plaintiff, it was noted that he, while a pedestrian, reportedly had been struck by a hit-and-run driver and suffered multiple injuries, including a brain injury and multiple fractures. The case proceeded to a jury trial who awarded Plaintiff $592,879.45 for his allowable expenses and $4,656 for interest on the overdue benefits.
Location: Oakland County, Michigan
Case Name and Docket Number: Akins v. State Farm, 06-076734-NF

Plaintiff Disabled by Herniated Discs from Multi-Vehicle Collision

Type of Injury: Back injury-herniated lumbar discs at L3-L4 and L4-L5; a pinched nerve caused numbness in her legs
Type of Accident: Rear-end
Award/Settlement Amount: $750,000
Case Summary: Plaintiff was operating a vehicle in heavy traffic when she was rear-ended by a vehicle driven by defendant. The force of the impact caused plaintiff’s vehicle to strike the car ahead. Defendant claimed that he looked down to adjust the radio and did not realize traffic had stopped ahead of him. Plaintiff claimed she sustained herniated lumbar discs at L3-L4 and L4-L5 requiring a laminectomy, which was unsuccessful. Plaintiff further claimed a pinched nerve caused numbness in her legs and made walking long distances difficult. She required weekly pain injections in her back to relieve constant leg pain. Plaintiff was totally disabled and received social security disability. Defendant did not present a defense at trial. A bench trial resulted in a plaintiff’s verdict of $750,000.
Location: Kalamazoo County, Michigan
Case Name and Docket Number: Moreno-Parsons v. Haverly, 01-689-NI

Brain Injury, Facial Scars, PTSD from Broadside Collision

Type of Injury: Head injury-mild traumatic brain injury, concussion, facial contusions and scarring, post-traumatic stress disorder, and blurred vision
Type of Accident: Side-impact
Award/Settlement Amount: $800,000
Case Summary: Plaintiff was driving his vehicle when it was broadsided by a vehicle driven by Defendant. Plaintiff suffered a mild traumatic brain injury, concussion, facial contusions and scarring, post-traumatic stress disorder, and blurred vision. He was hospitalized three days for his injuries. Plaintiff claimed to be disabled from working. Specifically, plaintiff argued that the blurred vision prevented him from driving and rendered him unemployable. Defendant driver admitted liability for the accident, but contended that plaintiff’s injuries were mild and he could return to work. He argued that plaintiff’s blurred vision would resolve, plaintiff exaggerated his injuries and his future wage loss claims were speculative. Plaintiff was awarded $ 800,000 following a jury trial.
Location: Wayne County, Michigan
Case Name and Docket Number: Knopf v. Derek, 05-500-393-NI

Methodology

We gathered and reviewed personal injury lawsuits arising from Michigan vehicle accidents. In some cases, the defendant is the at-fault driver.

In many of these Michigan cases, the injured victim sued their own insurance carrier for breach of contract following a failed attempt to seek PIP  benefits. All the plaintiffs in our group received compensation from a court award or by settling with the defendant before trial.

Averages are calculated by adding the payouts for a group of cases, then dividing by the total number of cases in the group.