What Happens If The At-Fault Driver Leaves The Scene In Michigan
As Detroit car accident lawyers, we know how frightening and frustrating it can be when another driver causes a crash and then flees the scene. Hit-and-run accidents are unfortunately common across Michigan, including in Detroit and surrounding communities. These incidents leave injured drivers and passengers not only dealing with their injuries but also with uncertainty about who will pay for their medical bills, lost wages, and vehicle damage. Michigan law takes these situations very seriously. The driver who leaves the scene of an accident faces criminal charges and civil liability, and victims still have options to recover compensation. We will now walk you through what Michigan law says, what rights you have, and how we can help protect your interests.
Michigan Law On Leaving The Scene Of An Accident
Under Michigan Vehicle Code Section 257.617, it is a crime to leave the scene of an accident that causes injury or death without stopping and providing information or rendering aid. The statute makes it clear: drivers must remain at the scene, provide their name, address, and vehicle registration, and offer reasonable assistance to anyone injured. Failing to do so can result in severe penalties.
For accidents that cause serious injury, leaving the scene is a felony punishable by up to five years in prison and a fine of up to $5,000. If the accident causes death, the penalties increase to up to 15 years in prison and fines up to $10,000. Even for accidents involving only property damage, Michigan Vehicle Code Section 257.618 requires drivers to stop and exchange information. Violating these provisions can lead to misdemeanor charges, fines, and driver’s license suspension.
No-Fault Insurance And Your Rights After A Hit-And-Run
Michigan is a no-fault insurance state, which means that under MCL 500.3101, every driver must carry no-fault insurance to cover their own medical expenses and certain economic losses after an accident, regardless of fault. If you are injured in a hit-and-run, your no-fault policy should cover your medical bills, lost wages, and attendant care.
However, recovering compensation for pain and suffering or for property damage caused by a fleeing driver often depends on identifying the at-fault driver or having uninsured motorist coverage. Uninsured motorist (UM) coverage is optional in Michigan, but we strongly encourage our clients to carry it. UM coverage allows you to recover additional compensation if the at-fault driver is never found or if they do not have insurance.
Legal Options If The Driver Is Identified
If police later identify the driver who fled, you have the right to pursue a lawsuit against them for damages. Under MCL 600.5805, you generally have three years from the date of the accident to file a personal injury lawsuit. In these cases, we often pursue compensation for pain and suffering, excess medical expenses, lost wages, and vehicle damage not fully covered by your insurance.
The fact that the driver left the scene can also be powerful evidence of negligence or reckless behavior. In some cases, punitive damages may be available to punish the driver’s conduct, although Michigan law limits punitive damages to specific situations. Regardless, fleeing the scene can significantly strengthen your civil case.
Practical Steps To Take After A Hit-And-Run Accident
If you are ever involved in an accident where the other driver flees, your safety and health come first. Call 911 immediately to report the accident and request medical assistance if needed. Provide the police with as much detail as you can about the fleeing vehicle, such as its make, model, color, license plate number, and direction of travel. Take photographs of the scene, your vehicle, and any visible injuries. If there are witnesses, gather their contact information.
Even if you believe your injuries are minor, see a doctor right away. Some conditions, like concussions or soft tissue injuries, may not show symptoms immediately but can worsen over time. Prompt medical care also creates a record that will help support your claim. Finally, notify your insurance company as soon as possible, but avoid providing recorded statements without first speaking with an attorney.
FAQs About Hit-And-Run Accidents In Michigan
What Criminal Charges Can A Driver Face For Leaving The Scene In Michigan?
If the accident causes only property damage, leaving the scene is usually treated as a misdemeanor under MCL 257.618. If the accident causes injury, leaving the scene is a felony under MCL 257.617a, punishable by up to one year in jail. For serious injuries, the penalties increase to five years in prison, and for fatalities, the driver may face up to 15 years in prison.
Can I Still Recover Compensation If The Driver Is Never Found?
Yes, you can still recover no-fault benefits under your own insurance policy for medical expenses, lost wages, and certain other costs. If you have uninsured motorist coverage, you may also be able to recover damages for pain and suffering and other losses. Without UM coverage, your recovery may be limited to no-fault benefits.
What Should I Tell The Police After A Hit-And-Run Accident?
Provide as much detail as possible about the other vehicle and driver, including the direction they were headed and any identifying characteristics. Share what happened leading up to the crash and whether there were witnesses. Avoid speculating or making guesses—stick to the facts. Accurate information helps law enforcement in locating the driver.
How Long Do I Have To File A Claim After A Hit-And-Run Accident?
You generally have one year to file a claim for no-fault benefits under MCL 500.3145. For lawsuits seeking pain and suffering damages, you generally have three years under MCL 600.5805. Deadlines can vary depending on the type of claim and the insurance policies involved, which is why consulting an attorney as soon as possible is critical.
Can Fleeing The Scene Help Prove Negligence In A Lawsuit?
Yes. Leaving the scene of an accident is a violation of Michigan law and demonstrates reckless behavior. In civil cases, the fact that the driver fled can strengthen your claim by showing disregard for safety and the law. This can impact how much compensation you recover.
Should I Talk To The Insurance Company Before Calling An Attorney?
You should notify your insurer promptly, but be cautious when providing statements. Insurance adjusters may attempt to minimize your claim. It is best to consult with an attorney before giving recorded statements or signing any documents. An attorney can help protect your rights and ensure that your benefits are not unfairly denied.
Call Our Detroit Car Accident Attorneys Today
At Ravid & Associates, P.C., we know how devastating hit-and-run accidents are for victims and their families. With more than 50 years of combined experience, our attorneys have recovered millions for injured clients across Michigan. We understand the challenges of dealing with medical bills, lost income, and emotional distress when the at-fault driver flees. Our goal is to help you secure the compensation you need and hold wrongdoers accountable.
If you or a loved one has been injured in a hit-and-run accident in Detroit, Southfield, or anywhere in Michigan, contact our Detroit car accident attorney at Ravid & Associates, P.C. by calling (248) 948-9696 to receive your free consultation. At Ravid & Associates, P.C., we proudly represent clients throughout Michigan and handle cases on a contingency fee basis—you pay nothing unless we win. Contact us now to protect your rights and take the first step toward justice.
