How Michigan’s No-Fault Law Applies To Out-Of-State Drivers

Metro Detroit Car Accident Attorney


In 2014, the state of Michigan hosted 113.4 million visitors. With so many out-of-state drivers on Michigan roads, auto accidents involving non-Michigan residents are bound to happen. 

Michigan No-Fault Insurance

Michigan law requires that each and every owner of a vehicle purchase certain basic coverage as a prerequisite for obtaining vehicle registration. MCL 257.518, 500.3009, .3131. The law requires that each driver carry minimum liability insurance of $20,000 for injuries to one person, $40,000 for each accident if multiple people are injured, and $10,000 for property damage. MCL 257.520. These minimum coverage limits are commonly referred to as 20/40/10 coverage.

Non-Michigan Residents & Michigan Car Accidents

What happens, however, when an out-of-state driver is injured in a Michigan car accident? MCL 500.3113(c) governs this scenario, and provides that a non-resident may be able to make a claim for Michigan no-fault benefits, even if the state where they reside is not a no-fault state. 

The statute allows a non-Michigan resident to make a claim for no-fault benefits in Michigan if: 

  1. The non-resident is in a car accident in Michigan or occurred through the non-resident's use of a motor vehicle; and 
  2. The non-resident's insurance company has filed a certificate with the state of Michigan.

In order to be eligible for no-fault benefits, the out-of-state resident's insurance company must have filed a written certification that the insurer will provide coverage for accidental bodily injury or property damage occurring in Michigan arising from the ownership, operation, maintenance, or use of a motor vehicle by the out-of-state resident (list of certified Michigan auto insurers). When an out-of-state vehicle's insurer has filed a certification, the out-of-state policy automatically converts to a Michigan no-fault policy if the vehicle is involved in a Michigan accident. 

Contact A Michigan Car Accident Lawyer

If your or someone you love were an out-of-state resident injured in a Michigan auto accident, or if you were involved in an accident with a non-resident, you should consult with an experienced Michigan auto accident attorney to review your coverage options. 

Metro Detroit Injury Lawyers is a Bloomfield Hills, Michigan law firm practicing personal injury law. Contact us today at 248-430-8929 to schedule your free consultation and evaluation of your Michigan personal injury case, with no obligation.