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The holiday season is a time for joy, family, and celebration—but it’s also one of the most dangerous times of the year on Michigan roads. Between Thanksgiving, Christmas, and New Year’s, the number of drunk driving crashes rises sharply as more people attend office parties, family gatherings, and social events where alcohol is served. Unfortunately, those few poor decisions—getting behind the wheel after drinking—can lead to life-changing consequences for innocent victims.
At Liss, Shapero & Mitnick, we’ve seen firsthand how these tragedies affect families across Metro Detroit. A festive night can turn into a lifetime of pain, medical bills, and emotional trauma in an instant. Victims often face months of recovery, missed work, and the uncertainty of how to rebuild their lives after being struck by an impaired driver.
If you or someone you love was injured by a drunk driver this holiday season, understanding your rights under Michigan law is critical. Knowing what benefits you’re entitled to—and where to turn for help—can make all the difference in your recovery.
Michigan’s No-Fault Insurance Basics
Michigan’s No-Fault insurance system is designed to ensure that injured drivers and passengers can get medical care and financial support quickly, regardless of who caused the crash. This means that even if a drunk driver was entirely at fault, you may still begin by filing a claim through your own auto insurance provider.
Under Michigan’s Personal Injury Protection (PIP) coverage, you may be entitled to receive:
- Medical Expenses: Coverage for all reasonable and necessary medical treatment related to your crash injuries, including hospital bills, surgery, rehabilitation, prescriptions, and future medical care.
- Lost Wages: Reimbursement for a portion of the income you lose while you’re unable to work due to your injuries (up to the statutory limits, typically 85% of your gross income for up to three years).
- Replacement Services: Payment for everyday help you can no longer perform yourself—like household chores, child care, transportation, and meal preparation.
Even though the system is designed to help, insurance companies often look for ways to delay, reduce, or deny payments—especially in serious injury cases. That’s why working with an experienced drunk driver accident victim lawyer in Michigan is essential.
At Liss, Shapero & Mitnick, we make sure our clients receive every dollar of no-fault benefits they’re entitled to. Our team reviews your policy, gathers the medical and wage documentation needed to prove your losses, and fights back against unfair insurance tactics or claim denials. We know how Michigan’s complex no-fault laws work—and we’ll guide you through every step so you can focus on healing.
When You Can File a Third-Party Claim
While Michigan’s no-fault system covers your initial medical bills and lost wages, it doesn’t fully compensate you for the physical pain, emotional trauma, and lasting effects of being injured by a drunk driver. To recover these broader damages, victims may have the right to file what’s called a third-party claim—a lawsuit against the at-fault driver seeking compensation for pain and suffering, emotional distress, loss of enjoyment of life, and permanent injury.
Under Michigan law, not every accident qualifies for a third-party claim. To pursue one, the victim must have suffered a “threshold injury,” meaning:
- A serious impairment of body function — an injury that affects your ability to live your normal life, such as a broken bone, traumatic brain injury, or chronic mobility issue.
- Permanent serious disfigurement — such as severe scars or loss of limb.
- Death — in fatal crashes, the victim’s family may file a wrongful death claim.
These cases can be complex because insurance companies often argue that the victim’s injuries don’t meet Michigan’s strict legal thresholds. That’s where having an experienced drunk driver accident victim lawyer in Michigan becomes critical.
At Liss, Shapero & Mitnick, we know how to build strong third-party cases. We gather and present evidence such as:
- Toxicology reports proving the driver’s blood alcohol concentration (BAC).
- Police and accident reconstruction reports to show negligence and causation.
- Medical expert testimony detailing the long-term physical and emotional impact of your injuries.
Our team works tirelessly to prove that your suffering meets Michigan’s legal standards—and to hold the drunk driver fully accountable for the harm they’ve caused.
Dram Shop Liability
In some cases, responsibility for a drunk driving accident extends beyond the driver. Michigan’s Dram Shop Act allows victims to pursue claims against bars, restaurants, or liquor stores that over-served alcohol to the driver who caused the crash.
A bar or establishment may be held liable if it:
- Served alcohol to someone who was visibly intoxicated, or
- Sold or gave alcohol to a minor who then caused an accident.
These cases are time-sensitive—the law gives victims only one year from the date of the crash to file a dram shop claim. Waiting too long can permanently bar your right to recover from the negligent establishment.
Michigan also recognizes social host liability when a private individual (such as a homeowner or party host) serves alcohol to a minor who later causes a crash. However, social hosts are generally not liable for serving adults, even if those adults were intoxicated.
For example, imagine a company holiday party where an employee is over-served at an open bar, leaves intoxicated, and causes a serious crash on I-75. In addition to pursuing a claim against the drunk driver, the injured victim may have a valid case against the bar service provider or catering company for serving alcohol to a visibly intoxicated guest.
At Liss, Shapero & Mitnick, we move quickly to uncover key evidence in dram shop and social host cases—such as bar tabs, surveillance footage, credit card receipts, and witness statements. These details can make the difference between a denied claim and a successful recovery.
Our firm’s investigative approach ensures that every potentially responsible party is held accountable, giving victims and their families the justice—and closure—they deserve.
Uninsured and Underinsured Motorist Coverage
Not every drunk driver on Michigan’s roads carries adequate insurance—and some have no insurance at all. That’s where Uninsured (UM) and Underinsured Motorist (UIM) coverage can make a life-changing difference.
These coverages are part of your own auto policy and act as a safety net when the at-fault driver:
- Has no insurance to compensate you for your injuries, or
- Carries minimal coverage that doesn’t begin to cover your medical bills, lost wages, or pain and suffering.
UM and UIM claims can be complicated. They require proving that the other driver was legally responsible, documenting your injuries, and following strict notice and filing requirements. Many accident victims don’t realize they even have this coverage—or lose out on benefits due to missed deadlines or technical errors.
At Liss, Shapero & Mitnick, we carefully review every insurance policy involved to identify all possible layers of coverage—from the drunk driver’s liability policy to your own UM/UIM protection and any secondary household policies. Our attorneys are experienced in navigating the complex interplay between multiple insurers and fighting back against denial tactics that insurers often use, such as:
- Claiming notice of the UM/UIM claim was filed too late.
- Arguing that the drunk driver wasn’t technically “uninsured.”
- Disputing the severity of your injuries to reduce payouts.
Before the holiday season begins, it’s a good idea to review your auto policy. Make sure you understand your UM/UIM limits and consider increasing your coverage—it’s one of the most affordable and valuable protections you can have.
If you’ve already been injured by a drunk driver with little or no insurance, LSM’s drunk driver accident victim lawyers in Michigan can help ensure no source of compensation is overlooked.
Your Rights Come First — Let Liss, Shapero & Mitnick Help You Rebuild
Victims of drunk driving accidents in Michigan have important legal rights — including access to no-fault insurance benefits, the ability to pursue third-party claims against negligent drivers, potential dram shop actions against irresponsible bars or hosts, and uninsured/underinsured motorist coverage that may offer additional compensation.
Navigating these claims can be overwhelming, especially during the holidays when your focus should be on healing and family. But you’re not alone. The attorneys at Liss, Shapero & Mitnick are here to fight for your full recovery — financially, physically, and emotionally.
If you or someone you love was injured by a drunk driver during the holidays, contact us today for a free consultation. We’ll handle the legal burdens so you can focus on healing.
📍 Liss, Shapero & Mitnick
2695 Coolidge Highway
Berkley, MI 48072
📞 248-584-1300 | Toll-Free: 1-855-LISS-LAW (547-7529)
Your Rights First. Your Story Matters.