When the driver who hit you works for the government, the rules for getting compensation are different.
A Michigan government vehicle accident can involve a city bus, a police car, a state maintenance truck, or any other vehicle owned by a government agency. You have the right to pursue a claim, but you must follow a specific process with strict deadlines that is different than other personal injury claims.
If you've been injured by the driver of a government vehicle, you'll likely find yourself at a serious disadvantage. Trying to secure fair compensation for all your damages and losses is a complex and frustrating process that likely won’t produce the outcome you need.
Kajy Law Firm’s experienced Michigan government vehicle accident lawyer can give your case the legal authority and leverage it needs to stand up to government defense lawyers. Don’t delay. Cases against the government are subject to short deadlines. Call 248-702-6641 or contact us online for a free consultation.
Key Takeaways for Michigan Government Vehicle Accident Claims
- You can sue a government agency in Michigan if a government employee caused your crash while driving a government vehicle.
- Michigan requires you to file a written notice of your claim within 60 days to 6 months, depending on which government entity is involved.
- Your own auto insurance still pays for your medical bills and lost wages through no-fault PIP benefits, regardless of who caused the crash.
- Missing the notice deadline can permanently end your right to sue, even if your injuries are serious.
- Emergency vehicles responding to calls have extra legal protections, but you may still have a claim if the driver acted recklessly.
Can You Sue the Government for a Car Accident in Michigan?
Michigan law allows you to sue a government agency when a government employee causes a crash while driving a government-owned vehicle.
This is called the motor vehicle exception to governmental immunity (MCL 691.1405). Without this exception, government agencies would be protected from most traffic accident lawsuits.
The exception applies when the driver was acting within the scope of their job. For instance, if a city bus driver runs a red light and hits your car, the transit authority can be held responsible.
If a police officer rear-ends you during routine patrol, the city or county may be liable. The key is that the employee must have been performing work duties at the time of the crash.
What Is Governmental Immunity and Why Does It Matter in Michigan?
Governmental immunity is a legal rule that protects government agencies from being sued in most situations. The idea is that governments need to make decisions without constant fear of lawsuits.
Michigan's Governmental Tort Liability Act gives government agencies broad protection from injury claims. But the law also creates several exceptions where you can sue. Motor vehicle accidents are one of those exceptions.
What Types of Government Vehicles Can You File a Claim Against in Michigan?
The motor vehicle exception applies to any vehicle owned by a government agency. In Metro Detroit and across Michigan, this includes:
- City buses operated by DDOT (Detroit Department of Transportation) or SMART
- Police cars and sheriff vehicles on routine patrol
- State highway maintenance trucks and snowplows
- City sanitation and garbage trucks
- Public works vehicles and street sweepers
- School buses operated by public school districts
- State university shuttle buses
In Metro Detroit, busy corridors like Woodward Avenue, I-75, I-94, and I-696 see heavy government vehicle traffic. DDOT and SMART buses run throughout Wayne, Oakland, and Macomb counties. City maintenance trucks clear snow and repair roads year-round.
How Long Do You Have to File a Claim Against a Government Vehicle in Michigan?
Deadlines are another key way government vehicle claims differ from regular car accident claims. Michigan law requires you to file a written notice of your claim before you can sue. This notice informs the government agency that you intend to take legal action.
The deadline for notifying the government depends on which government entity was involved:
Regional Transit Authorities (DDOT, SMART, CATA): 60 Days
If a DDOT or SMART bus caused your crash, you must file a written notice within 60 days (MCL 124.419). This is one of the shortest deadlines in Michigan personal injury law. Missing it means losing your right to sue.
State of Michigan Vehicles: 6 Months
For crashes involving state-owned vehicles (highway maintenance trucks, state university buses), you must file a claim or notice with the Michigan Court of Claims within 6 months (MCL 600.6431).
City and County Vehicles: Variable
For city police cars, county sheriff vehicles, and municipal trucks, the notice period is typically six months. Some local ordinances may set different deadlines, which is why quickly consulting with a personal injury lawyer near you is crucial.
Compare these deadlines to a regular car accident lawsuit, which allows three years to file. The short government deadlines are the most common reason people lose the right to pursue valid claims.
What Information Must Your Notice of Claim Include in Michigan?
Filing notice is not just about meeting a deadline. The notice itself must contain specific information. If your notice is incomplete, it may not satisfy the legal requirement.
Michigan law requires your written notice to include:
- The date, time, and location of the crash
- A description of what happened and how the government driver was at fault
- The injuries you suffered
- The names of any government employees involved, if known
- The damages you are claiming
Many notices must also be notarized or verified. Getting the format wrong can be as harmful as missing the deadline. Consult an experienced car accident lawyer who can handle the notice.
Do Different Rules Apply If a Police Car or Fire Truck Caused Your Michigan Accident?
Emergency vehicles responding to calls receive extra legal protection. If a fire truck or ambulance is responding to an emergency, the driver has more leeway to run red lights or exceed the speed limit.
However, emergency drivers must still operate their vehicles with due regard for public safety. You may still have a claim if the driver's conduct was reckless or showed a substantial lack of concern for whether an injury would result.
Police cars on routine patrol, not responding to emergencies, do not get this extra protection. If a police officer rear-ends you while driving between calls, the normal motor vehicle exception applies.
Can You Recover Pain and Suffering After a Michigan Government Vehicle Accident?
Yes, but you must meet Michigan's serious impairment threshold. This is the same standard that applies to all motor vehicle crashes in the state.
To recover compensation for pain and suffering, you must show that your injuries caused a serious impairment of body function or permanent serious disfigurement as defined under Michigan’s insurance laws (MCL 500.3135).
A serious impairment means your injury affects an important body function and has changed your ability to live your normal life. Broken bones, herniated discs, traumatic brain injuries, and injuries requiring surgery often meet this standard.
Minor soft tissue injuries that heal quickly may not qualify. An attorney can review your medical records and explain whether your injuries meet the threshold.
Ask Kajy Law About Your Michigan Government Vehicle Accident Claim
Who pays for my medical bills after a government vehicle hits me?
Your own auto insurance pays first through Personal Injury Protection (PIP) benefits. Michigan is a no-fault state, which means your insurer covers your medical expenses regardless of who caused the crash. You file for no-fault benefits within one year of the accident.
Can I sue both the government agency and the individual driver?
The government agency is liable for crashes caused by its employees. Individual government employees are protected from personal lawsuits unless their conduct amounted to gross negligence, meaning they showed reckless disregard for safety.
Does insurance cover accidents with government vehicles?
Government agencies are often self-insured, meaning they pay claims directly rather than through a commercial insurance company. This can work in your favor because there may be no policy limit. However, the claims process is more formal and requires following the notice procedures exactly.
How long do I have to file a lawsuit after my government vehicle accident?
After you satisfy the notice requirement, you generally have three years from the accident date to file a lawsuit. But do not confuse this with the notice deadline.
You must file the required notice within 60 days to 6 months, depending on the agency. The three-year lawsuit deadline only matters if you met the notice requirement first.
What Steps Should I Take to Protect My Government Vehicle Accident Claim?
Once you’ve received medical care and are in a stable condition, your focus should shift to protecting your legal rights. You do not need to manage the legal process on your own. In fact, trying to do so can put your claim at risk.
Here are the most important steps you can take:
Consult a personal injury lawyer as soon as possible
Government vehicle accident claims come with strict notice deadlines and technical requirements that are easy to miss. A lawyer can identify the correct government agency, prepare and file the required notice, and handle communication with the agency on your behalf. Acting early gives your attorney time to protect your claim before any deadlines expire.
Preserve any evidence you have
Hold on to anything related to the crash that is in your possession. This may include photos, videos, paperwork, or contact information for witnesses.
Follow your treatment plan and attend all appointments
Gaps in medical care can be used against you. Consistent treatment not only supports your recovery but also creates a clear record linking your injuries to the accident.
Document how your injuries affect your daily life
Keep a simple journal of your recovery. Write down your pain levels, physical limitations, missed activities, and how the injuries impact your routine. This type of documentation can support a claim for pain and suffering.
Track your expenses and financial losses
Save receipts, invoices, and records of any costs related to the accident. This includes medical bills, prescriptions, transportation to appointments, and lost income from missed work.
Limit communication with the government agency or its representatives
You may be contacted for statements or information. It’s best to speak with an attorney before providing any recorded statements or signing documents. Your lawyer can handle these communications and protect your interests.
What Evidence Supports Your Government Vehicle Accident Claim in Michigan?
Strong documentation helps build your claim against a government agency. When possible, gather or preserve:
- The official UD-10 crash report from the Michigan State Police Traffic Crash Reporting Unit
- Photos of vehicle damage, the accident scene, and any visible injuries
- Medical records and bills documenting your injuries and treatment
- Proof of lost wages if you missed work
- Names and contact information for any witnesses
An attorney can also request records from the government agency, such as the driver's employment records, vehicle maintenance logs, or any internal investigation reports.
Michigan Government Vehicle Accident Questions Answered by Our Metro Detroit Attorneys
What happens if I miss the notice deadline?
If you miss the required notice deadline, your claim will almost certainly be dismissed. Courts apply these deadlines strictly. This is why acting quickly after a government vehicle accident is so important.
Can I sue if a government vehicle hit me while I was walking or biking?
Yes. The motor vehicle exception applies whether you were in another car, on a bicycle, or on foot. Pedestrians and cyclists injured by government vehicles have the same right to file a claim, subject to the same notice requirements.
Is there a cap on damages in Michigan government vehicle accident cases?
The motor vehicle exception generally allows recovery for bodily injury and property damage without the strict caps that apply to some other government claims. However, you must still prove your injuries meet Michigan's serious impairment threshold to recover pain and suffering.
Where do I file a claim against the State of Michigan?
Claims against the State of Michigan are filed with the Michigan Court of Claims. This court handles lawsuits against state agencies. Claims against cities and counties are typically filed in the local circuit court.
When the Rules Are Different, Experience Matters
When a government vehicle injures you, you are the one left dealing with deadlines, notice requirements, and legal rules that most accident victims never encounter.
Kajy Law Firm’s government vehicle accident lawyers in Michigan can handle your case and position you for a better outcome than you might be able to achieve on your own. We help individuals throughout Oakland County and the broader Metro Detroit area pursue claims against government agencies.
We work on contingency, so you pay nothing unless we win. Visit our testimonials page to hear from past clients, or review our case results to see the recoveries we have achieved.
Call 248-702-6641 or contact us online for a free consultation. The notice deadline may be closer than you think.