Filing A Lawsuit After A Hit-And-Run Accident In Michigan
Being struck by a vehicle is traumatic, and when the driver flees, it creates additional frustration and uncertainty. Hit-and-run accidents are common in Michigan and can cause significant emotional and financial hardship. We have represented clients statewide who suffered serious injuries due to drivers who left the scene. Michigan law offers legal options for victims, even if the driver is never identified.
We will now explain how the law works, what steps to take, and how we can help you pursue the compensation you deserve.
Understanding Michigan’s Hit-And-Run Laws
Under MCL 257.617, drivers involved in crashes causing injury or death must stop and provide identification. Leaving the scene is a felony in Michigan. However, criminal penalties do not address victims’ medical expenses or lost income, making civil lawsuits or insurance claims essential.
If the at-fault driver is not identified, you may still seek compensation through Michigan’s no-fault insurance or your uninsured motorist coverage. We assist clients with both claim types.
What Michigan’s No-Fault System Covers
Michigan follows a no-fault auto insurance system. That means most drivers turn first to their own Personal Injury Protection (PIP) coverage for medical expenses and lost wages, regardless of who caused the crash. Under MCL 500.3101, PIP benefits typically include:
- Medical bills
- Lost wages (up to 85% of income, capped)
- Replacement services (household help)
- Attendant care benefits (if needed)
In hit-and-run cases, your no-fault insurer remains responsible for these benefits. If you lack insurance and were not at fault, you may qualify for coverage through the Michigan Assigned Claims Plan (MACP) under MCL 500.3172.
Filing A Lawsuit For Pain And Suffering Damages
PIP covers many expenses but does not provide compensation for pain and suffering. To seek these damages, you must file a third-party liability claim. If the hit-and-run driver is identified and meets the legal threshold of fault, you may file a personal injury lawsuit for:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent injury
To qualify for this type of claim, Michigan law requires you to show a serious impairment of body function or permanent disfigurement under MCL 500.3135. We help our clients document their injuries thoroughly to meet this threshold.
What If The Driver Is Never Found?
If the hit-and-run driver is not located, we can often pursue a claim under uninsured motorist (UM) coverage, if your policy includes it. Many Michigan drivers carry UM insurance without even realizing it. This coverage steps in when the at-fault driver has no insurance or can’t be identified.
To qualify for uninsured motorist compensation after a hit-and-run, most policies require:
- Prompt reporting of the accident to the police.
- Timely notice to the insurance company.
- Proof of physical contact with the hit-and-run vehicle.
We review our clients’ policies carefully to confirm eligibility and meet all required deadlines.
Steps To Take After A Hit-And-Run Crash In Michigan
- Call The Police Immediately – A police report is essential. Under MCL 257.622, failure to report a crash involving injury is a criminal offense. Your report also supports future claims.
- Get Medical Attention – Even if injuries seem minor, get evaluated. Medical records help support your PIP and UM claims.
- Document The Scene – Take photos, get witness statements, and note any vehicle details or surveillance cameras nearby.
- File A Claim with Your Insurer – Notify your own no-fault insurance company. If you carry UM coverage, begin that process as well.
- Contact An Attorney Right Away – These cases involve deadlines, evidence preservation, and technical policy language. We handle these details while you focus on recovery.
Time Limits On Filing A Hit-And-Run Lawsuit In Michigan
Under MCL 600.5805(2), you have three years from the date of the accident to file a personal injury lawsuit in Michigan. However, claims for no-fault benefits must typically be filed within one year under MCL 500.3145. Claims under UM policies often have even shorter contractual deadlines. We act quickly to protect your rights and preserve your claim.
Why Legal Representation Matters
Hit-and-run cases are legally and emotionally complex. Victims may be left with significant injuries, no identifiable driver, and insurers who deny or delay claims. We step in to make sure you’re treated fairly and that every available insurance option is explored. When needed, we build strong cases for the court to demand the compensation you deserve.
Frequently Asked Questions About Michigan Hit-And-Run Injury Cases
What If I Don’t Know Who Hit Me?
You can still recover compensation. Michigan’s no-fault system covers your medical expenses and wage loss regardless of who caused the crash. If you carry uninsured motorist coverage, that policy may also compensate you for pain and suffering, even if the driver is never found.
Can I Sue A Hit-And-Run Driver If They Are Found Later?
Yes. If the driver is located and they were responsible for the crash, you can file a third-party
injury lawsuit against them. You may also be entitled to punitive damages depending on their conduct. Police investigations or surveillance footage may reveal their identity.
Does My Insurance Cover Hit-And-Run Accidents In Michigan?
Your no-fault policy covers medical bills and other expenses, regardless of who caused the accident. If you have uninsured motorist coverage, it can provide compensation for pain and suffering if the other driver fled the scene. Each policy is different, and we review them to determine coverage.
What Damages Can I Recover After A Hit-And-Run Crash?
You may be entitled to no-fault PIP benefits, including medical costs, lost wages, and replacement services. If eligible, you can also pursue pain and suffering, emotional distress, and disfigurement through uninsured motorist coverage or by suing the at-fault driver, if identified.
Do I Need A Lawyer To File A Hit-And-Run Injury Claim?
Yes. These cases often involve policy exclusions, notice deadlines, and insurance companies that deny claims. We help clients gather evidence, comply with time limits, and push back against unfair denials. A skilled legal team improves your chances of a full recovery.
How Long Do I Have To File A Claim?
You must file for no-fault benefits within one year. A lawsuit for pain and suffering has a three-year deadline. Uninsured motorist claims may have even shorter deadlines based on your policy language. We act quickly to protect our clients’ rights before any clock runs out.
Talk To Ravid & Associates, P.C. About Your Hit-And-Run Accident Case
If you were injured in a hit-and-run crash anywhere in Michigan, we can help. These cases are time-sensitive, and you may have more legal options than you realize. Our team is ready to investigate, deal with insurers, and pursue the full compensation you’re entitled to under Michigan law.
Contact our Detroit personal injury attorneys at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent car accident victims across Detroit and throughout Michigan from our office locations in Southfield, Michigan. There are no fees unless we win your case.
