What If a Self-Driving Car Hits You in Michigan?
Cars that steer, brake, and change lanes on their own are already on Michigan roads. Some are test vehicles run by manufacturers. Many more are everyday cars with driver-assist features like Autopilot, Super Cruise, or BlueCruise that were doing some of the driving when the crash happened. If one of them hit you, the question you care about is simple: who pays for your medical bills, your lost wages, and your pain? The answer in Michigan involves your own no-fault coverage under MCL 500.3105, the vehicle’s owner, and sometimes the company that built the software. This guide walks through each layer in plain English.
First Things First: Your Medical Bills Get Paid No Matter Who Was Driving
Michigan is a no-fault state. Your own auto insurer pays your medical bills, a portion of your lost wages, and replacement services after a crash, and it must do so regardless of who caused the collision. That is true whether the other car was driven by a person, a computer, or some combination of the two. Under MCL 500.3105, personal injury protection (PIP) benefits are payable without regard to fault.
If you do not have your own auto policy, the priority rules in MCL 500.3114 decide which insurer pays. You may claim through a spouse’s policy or a resident relative’s policy, and if no coverage exists in your household, through the Michigan Assigned Claims Plan. The important point: a robot behind the wheel does not delay or reduce your no-fault benefits.
Michigan Law Already Covers Self-Driving Cars
Michigan was one of the first states to write automated vehicles into its traffic code. The Michigan Vehicle Code defines an “automated driving system” as hardware and software that together can perform the entire driving task without human supervision. See MCL 257.2b. Testing and operation of these vehicles on public roads is regulated under MCL 257.665 and the sections that follow it, which require, among other things, proof that the vehicle is insured under Michigan’s no-fault chapter before research or testing begins.
One provision matters a great deal to injured people. For certain manufacturer-run fleets operating in what the law calls a SAVE project, the statute provides that when the automated driving system is in control and is at fault in a crash, the motor vehicle manufacturer assumes liability for the incident. See MCL 257.665b. In plain terms: for those fleets, the company that built the system stands behind it. Be clear about the limit, though: this SAVE-project rule is a special rule for certain manufacturer-run fleets. It does not automatically apply to an ordinary consumer car with Level 2 driver-assist features, which the statute treats differently from a fully automated motor vehicle.
Who Can Be Held Responsible After a Self-Driving Crash
Beyond your own no-fault benefits, Michigan law lets you pursue the people and companies responsible for the crash if your injuries cross the “serious impairment of body function” threshold in MCL 500.3135, as interpreted in McCormick v Carrier, 487 Mich 180 (2010). Depending on how the crash happened, that claim can point at several defendants at once.
| Potential defendant | Legal basis | When it applies |
|---|---|---|
| The human driver | Ordinary negligence | The person was supposed to supervise the system and did not, was distracted, or misused the feature |
| The vehicle’s owner | Owner liability, MCL 257.401 | The owner is liable for injuries caused by the negligent operation of the vehicle driven with the owner’s knowledge or consent |
| The manufacturer | Product liability, MCL 600.2945 et seq. | The automated driving hardware or software was defective in design or manufacture, or carried inadequate warnings |
| The manufacturer (SAVE fleet) | MCL 257.665b | The automated driving system was in control of a participating fleet vehicle and was at fault |
Two cautions. First, under MCL 600.2949b, a manufacturer is not liable, and must be dismissed from the case, for damages resulting from another person’s conversion, installation, or modification of the vehicle or its automated technology, unless the defect was present when the vehicle or equipment was manufactured. If an owner installed aftermarket software or disabled safety features, that can shift responsibility away from the manufacturer. Second, product liability cases against large automakers and software companies are document-heavy, expert-heavy fights. They are winnable, but they are not do-it-yourself cases.
The Evidence Is Digital, and It Can Disappear
A self-driving or driver-assist crash generates a stream of electronic evidence: system logs, camera footage, sensor data, over-the-air update history, and records showing whether the automation was engaged at the moment of impact. That data usually sits with the manufacturer, not with you. A preservation letter needs to go out early, because retention periods can be short and vehicles get repaired, resold, or scrapped. Keep in mind that the police report often will not say whether automation was engaged; the system logs and telematics are usually the only reliable record of that.
When the case reaches court, expert opinions about what the system did and why are screened under MRE 702, which was amended effective May 1, 2024 and now tracks the federal Rule 702 reliability language more closely. That cuts both ways: it disciplines the defense’s reconstruction claims, and it means your own experts must show reliable methods too.
Deadlines You Cannot Miss
- No-fault benefits. Written notice to the PIP insurer within 1 year of the crash, and the one-year-back rule limits how far back unpaid benefits can be recovered. See MCL 500.3145.
- Injury lawsuit. Generally 3 years from the crash for a negligence or product liability claim arising from personal injury. See MCL 600.5805(2).
- Fault matters. Under MCL 600.2959, your damages are reduced by your percentage of fault, and non-economic damages are barred if you are more than 50% at fault. Expect the defense to argue the human, not the software, should have prevented the crash.
Frequently Asked Questions
Who is liable when a driverless car crashes?
It depends on who or what was controlling the vehicle. The human operator can be liable for negligent supervision or misuse, the owner can be liable under MCL 257.401, and the manufacturer can be liable if the automated system was defective. For certain manufacturer-run SAVE fleets, Michigan law places liability on the manufacturer when the automated system was in control and at fault.
Is Michigan still a no-fault state for these crashes?
Yes. Your own PIP coverage pays your medical bills and wage loss regardless of fault, even when the other vehicle was driving itself. The fault fight affects your separate claim for pain and suffering and excess economic losses, not your right to no-fault benefits.
What should I do right after a crash with a self-driving or driver-assist car?
Get medical care, photograph the scene and the vehicles, note the make and model of the other car, ask whether a driver-assist feature was on, report the claim to your own insurer, and talk to an attorney quickly so preservation letters can go out before the vehicle data is lost.
Can I still recover if I was partly at fault?
Usually yes. Michigan reduces your recovery by your percentage of fault, and non-economic damages are barred only if you are found more than 50% at fault under MCL 600.2959.
Hit by a self-driving or driver-assist vehicle? Talk to a real attorney, free.
Attorney Manny Chahal can move fast to preserve the vehicle’s data, help line up your no-fault benefits, and investigate every company that may be responsible. Free consultation. No fee unless we recover. Call 1-844-MCHAHAL.
Call 1-844-624-2425