Why is Warren's insurer stalling on who ran the work zone?
"Who controlled that work zone - the City of Warren, Macomb County, or MDOT?" That is the question the adjuster is about to force onto you, and your answer matters because naming the wrong government agency can blow Michigan's 120-day notice deadline and give them a governmental immunity defense.
Yes, the stalling can be a trap.
On Metro Detroit construction claims, the city's insurer, a county risk pool, or a contractor's adjuster may keep bouncing you around while the clock runs. In Michigan, injury claims involving a defective highway, road shoulder, crosswalk, or work-zone condition often require written notice to the correct public agency within 120 days under MCL 691.1404. Around Warren, that could be the City of Warren, the Macomb County Department of Roads, or MDOT if it was on a state route or interchange near I-696, Mound Road, Van Dyke, or Groesbeck.
What you need to prove first is control of the site, not just where the injury happened:
- Photos and video of the exact location, including barrels, cones, arrow boards, lane-shift signs, detour signs, and street signs
- The police report or incident report
- Any MDOT, city, or county logos on trucks, barricades, vests, or signage
- Names of contractors on portable signs
- 911 records, body-cam footage, and dispatch logs
- Witness names, especially workers, flaggers, and nearby businesses
- Your medical records tying the injury to that specific event and location
Also preserve proof of the dangerous condition itself: missing taper, bad signage, unprotected drop-off, exposed steel plates, uneven pavement, blocked sight lines, or equipment pushed too close to traffic.
If they try to pin it on you, Michigan's modified comparative fault rule matters too: if they push you over 50% at fault, you recover nothing.
If your current lawyer has not identified the agency and served notice yet, that is a serious warning sign. In Michigan, you can usually switch lawyers mid-case, and on a government claim the replacement lawyer needs the full file, retainer, photos, and all correspondence immediately so notice can go out before the deadline is gone.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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