Even a “minor fender bender” is a car accident. If your car has scratches, dents, or hidden damage, or if you feel any pain or stiffness after the crash, you might have a claim. In Michigan, even in what seems like a small collision, drivers involved have legal responsibilities.
This guide explains what a minor fender bender involves, how to handle these collisions, and when a Michigan car accident lawyer can help you with your claim.
What is a Minor Fender Bender?
A minor fender bender usually refers to a car accident that happens at low speeds. The visible damage might seem small – a dented bumper, scratched paint, or a cracked taillight. Often, these accidents are rear-end bumps, parking lot scrapes, or slow sideswipes.
While they’re called “minor,” about 2.1 million such accidents happen yearly. Don’t underestimate a minor fender bender. Even a small impact can cause neck pain, back sprains, or whiplash symptoms that need medical attention. At The Joseph Dedvukaj Firm, our lawyers treat every minor fender bender seriously, because we know hidden injuries and complications can arise.
Common Ways Minor Fender Benders Happen
Some typical scenarios leading to a minor fender bender include:
- A driver reverses out of a parking spot and bumps the car behind them.
- A driver brakes suddenly, and the car following doesn’t stop in time, causing a rear-end tap.
- A distracted driver (texting, adjusting the radio) drifts and hits a parked car or another moving vehicle at low speed.
- A driver misjudges space and sideswipes another car while changing lanes slowly or parking.
If you’ve been in any of these minor fender bender situations, knowing the right steps can protect your ability to claim for damages or injuries.
Steps to Take After a Minor Fender Bender
Immediately after a minor fender bender, and in the following hours and days, do this:
• Stop Your Car Safely First, stop. If the cars can still drive and the minor fender bender was small, carefully pull over to the side of the road, away from traffic. Turn on your hazard lights. If your car won’t move, turn on your hazards to warn other drivers. Leaving the scene of any accident, even a minor fender bender, can lead to serious legal trouble like hit-and-run charges.
• Call the Police Report the minor fender bender to the local police, even if no one seems hurt and damage looks minimal. Police can assess the situation and may write an official police report (often a UD-10 in Michigan). This report can be very helpful for your insurance claim.
• Take Pictures of Everything While waiting for police, use your phone to take clear photos and videos. Get pictures of:
- All car damage (close-ups and wider shots of both vehicles).
- The positions of the cars.
- License plates.
- The surrounding area, including any skid marks or debris.
- Any visible injuries (though many minor fender bender injuries aren’t immediately visible).
• Exchange Information Get the following from the other driver(s):
- Full Name, Address, Phone Number, Email
- Driver’s License Number and Expiration Date
- Insurance Company Name and Policy Number
- Vehicle Make, Model, Year, and License Plate Number
Use your phone to take pictures of their driver’s license and insurance card. Also, get contact information from any witnesses.
Ask responding police officers for their names, badge numbers, and the accident report number.
• Be Careful What You Say (Avoid Admitting Fault) It’s natural to say “I’m sorry” after a minor fender bender, but this can be twisted to mean you’re admitting fault. Stick to the facts when talking to the other driver. Give your factual account to the police.
• Get a Copy of the Police Report The police report contains important details about the minor fender bender. This official accident report is useful when dealing with insurance companies.
• Contact Your Insurance Company Report the minor fender bender to your auto insurance company as soon as possible, even if you think the damage is less than your deductible or you weren’t at fault. Your policy likely requires prompt reporting. They will open a claim and assign an adjuster.
• Get Repair Estimates for Your Car Even for what looks like a tiny dent from a minor fender bender, get a repair estimate from a body shop. Hidden damage can be expensive. Keep all receipts if you pay for repairs yourself. The insurance adjuster will also likely inspect the damage.
• Understand Your Insurance Deductible If you use your collision coverage, you’ll likely have to pay your deductible first. If the other driver was clearly at fault for the minor fender bender, your insurance company might try to get your deductible back from their insurer (this is called subrogation), or you might file a mini-tort claim in Michigan for up to $3,000 for vehicle damage not covered by insurance.
• See a Doctor – Even if You Feel Okay Whiplash, muscle strains, or even a concussion can result from a minor fender bender, but symptoms might not appear for hours or days. Pain like neck soreness, headaches, backaches, or tingling can develop later. Getting checked by a doctor creates a medical record of any injuries related to the minor fender bender, which is crucial if you need to claim for medical expenses or pain and suffering. This can help diagnose issues like sciatica, myofascial pain, or a herniated disc that might stem from the impact.
A Minor Fender Bender Can Cause Real Physical Pain
It’s easy to dismiss a low-speed collision, but injuries like whiplash (neck sprain/strain) are common and painful. What seems like a trivial minor fender bender can lead to significant discomfort or lasting problems.
• Low-Speed Impacts Still Cause Injuries Your body can be jolted unexpectedly in a minor fender bender, even at speeds like 6-12 mph. This can injure discs in your spine, nerves, tendons, muscles, and ligaments. Pain might be delayed, showing up the next morning or a few days later.
• Airbags and Seat Belts Can Cause Injury in a Crash While airbags and seat belts save lives, their forceful deployment in a minor fender bender can sometimes cause bruises, chest pain, or injuries to the face, neck, shoulder, or abdomen. The person who caused the minor fender bender is generally responsible for these injuries too.
• Why Seeing a Doctor is Key After Any Fender Bender After any minor fender bender, get a medical check-up promptly. A doctor can assess you for hidden injuries like soft tissue damage or concussions, even if you feel fine initially. Early diagnosis and treatment are important, and medical records link your injuries to the minor fender bender.
Other Types of Accidents Beyond Minor Fender Benders
While this focuses on minor fender benders, other car accidents can also lead to claims:
- Head-on Collisions
- Rear-end Accidents (can be minor or severe)
- Rollover Accidents
- T-bone (Side Impact) Collisions
For any accident, reporting it and seeking medical attention are vital.
How Long Do I Have to File a Claim After a Minor Fender Bender in Michigan?
Most insurance policies require you to report a minor fender bender “promptly” or “as soon as practicable.” This is the first step.
For lawsuits in Michigan:
- You generally have three years from the date of the minor fender bender to file a lawsuit for property damage or personal injury (pain and suffering).
- For Michigan No-Fault PIP (Personal Injury Protection) benefits (which cover medical bills, lost wages, etc., regardless of fault), you must file an application for benefits with the correct auto insurance company within one year of the minor fender bender.
What Happens If I File a Lawsuit or Claim Too Late?
If you miss Michigan’s three-year statute of limitations for a lawsuit, your right to sue for damages from the minor fender bender is usually lost forever. If you miss the one-year deadline for filing a PIP benefits application, the auto insurer is not obligated to pay those No-Fault benefits. It’s always best to act quickly.
When Should I Hire a Car Accident Lawyer for a Minor Fender Bender?
Even after a minor fender bender, you might need a lawyer if:
- There’s Disagreement About Who Caused the Fender Bender: If you and the other driver disagree on who was at fault for the minor fender bender, a lawyer can help investigate and protect your interests, especially if the other driver (or their insurer) is unfairly blaming you.
- The Police Report is Incorrect or Incomplete: If the police report for your minor fender bender has errors or doesn’t accurately reflect what happened, an attorney from The Joseph Dedvukaj Firm, P.C. can help investigate and gather evidence to present the correct facts.
- You Have Injuries, Even if They Seem Small: If you experienced any pain, stiffness, headaches, or other symptoms after the minor fender bender, a lawyer can help you understand your rights to compensation for medical bills, lost wages, and pain and suffering through a No-Fault claim and potentially a claim against the at-fault driver.
- The Insurance Company is Unfair: If an insurance adjuster is pressuring you, denying your claim unfairly, or offering a very low settlement for your minor fender bender damages or injuries, a lawyer can advocate for you.
Need Help After a Minor Fender Bender?
Taking the correct steps after a minor fender bender improves your chances of a successful insurance claim and fair compensation. If you have questions about your options after a minor fender bender in Michigan, contact us today at 248-352-2110 or toll-free 1-866-HIRE-JOE to speak with a Michigan car accident lawyer about your situation.