What If You’re Hit By An Uninsured Driver In Michigan?
As Detroit car accident attorneys, we know firsthand how overwhelming it can be to be injured in a crash, especially when the driver who hit you has no insurance. Michigan’s no-fault system was designed to ensure that injured motorists receive medical care and wage loss benefits without having to wait for fault to be established. However, uninsured driver cases present unique challenges that require a thorough understanding of both your own insurance coverage and state law.
Being struck by an uninsured driver can trigger a series of legal and financial issues that most people never anticipate. Even though Michigan law requires all drivers to carry minimum liability coverage under MCL 500.3101, thousands of motorists ignore this mandate. When this happens, your recovery often depends on your own policy’s uninsured motorist coverage and your eligibility for no-fault benefits. We help our clients understand exactly what steps to take after such a crash and fight to secure the compensation they are entitled to under Michigan law.
Michigan’s No-Fault Law And Your Rights
Under Michigan’s no-fault insurance law (MCL 500.3105), your own insurance company is required to cover allowable expenses for medical treatment, rehabilitation, and a portion of your lost wages, regardless of who caused the accident. This means that even if the other driver is uninsured, you can still file a claim with your own insurer for these personal injury protection (PIP) benefits.
The law allows you to receive:
- Lifetime coverage for medical expenses related to the accident (subject to any coverage limits you selected).
- Up to three years of wage loss benefits at 85% of your gross income.
- Replacement services to cover household tasks you can no longer perform.
However, recovering compensation for pain and suffering or other non-economic damages requires meeting Michigan’s “serious impairment” threshold under MCL 500.3135and, in uninsured driver cases, often relies on your uninsured motorist (UM) policy.
Uninsured Motorist Coverage And How It Works
Uninsured motorist coverage is optional in Michigan, but we strongly encourage drivers to have it. If you have UM coverage, it steps in when the at-fault driver has no liability insurance. This coverage can pay for damages such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Additional out-of-pocket expenses
UM claims are filed directly with your own insurance company, but they can be just as contentious as claims against another driver’s insurer. Insurers may dispute the severity of your injuries, the amount of your damages, or even whether the other driver was truly uninsured. That is why having experienced legal representation can make the difference between a denied claim and a fair settlement.
When The At-Fault Driver Fled The Scene
In many uninsured motorist cases, the at-fault driver may flee the scene, resulting in a hit-and-run accident. Under MCL 257.617, leaving the scene of an injury accident is a criminal offense. In these cases, your UM coverage may also apply if the identity of the driver cannot be determined. It is critical to notify your insurance company promptly, as most policies require you to report a hit-and-run within a very short timeframe, sometimes as little as 24 hours.
Steps To Take Immediately After The Crash
We always advise our clients to take the following steps after being hit by an uninsured driver:
- Call the police and file an accident report. This creates an official record and may be required for your insurance claim.
- Seek immediate medical attention, even if you think your injuries are minor. Some injuries take time to appear.
- Collect as much evidence as possible, including photos of the scene, witness statements, and the other driver’s information (if available).
- Notify your insurance company as soon as possible and request a claim number for both PIP and UM coverage.
How We Help You Recover Compensation
Our role as your attorneys is to ensure that you receive every benefit you are entitled to under Michigan law and your insurance policy. We handle all communication with the insurance companies, gather the necessary medical and accident evidence, and fight for compensation for your injuries and losses. In uninsured driver cases, we often pursue multiple claims, first for your no-fault benefits and then for your uninsured motorist damages.
Car Accident Claim Frequently Asked Questions
What Benefits Am I Entitled To If I Am Hit By An Uninsured Driver In Michigan?
You can receive personal injury protection (PIP) benefits under MCL 500.3105, which cover medical expenses, wage loss, and replacement services. If you have uninsured motorist coverage, you can also seek damages for pain and suffering and other losses.
Do I Need Uninsured Motorist Coverage In Michigan?
It is not required by law, but we highly recommend it. Without UM coverage, you may have no way to recover compensation for your pain and suffering if the at-fault driver has no insurance.
Can I Sue The Uninsured Driver Personally?
Yes, but collecting a judgment from an uninsured driver can be difficult if they lack the assets to pay. This is why UM coverage is so important.
What Happens If The Uninsured Driver Was Also Driving Without A License?
Driving without a license is a separate offense, but it does not necessarily increase your compensation. However, it can be used as evidence of negligence if you pursue a liability claim.
Will My Insurance Rates Go Up If I File An Uninsured Motorist Claim?
Each insurer has its own policies, but generally, if you were not at fault, your rates should not increase solely because you filed a UM claim.
What Is The Statute Of Limitations For Filing An Uninsured Motorist Claim In Michigan?
For most personal injury claims, you have three years from the date of the accident under MCL 600.5805. However, your insurance policy may have a shorter deadline for UM claims, sometimes one year, so it’s critical to act quickly.
What If The Driver Fled The Scene, And I Don’t Know Who Hit Me?
If the crash qualifies as a hit-and-run under MCL 257.617, your UM coverage may still apply. You must report the accident to the police and your insurer promptly.
Contact Ravid & Associates For Your Free Case Review
If you were hit by an uninsured driver in Michigan, you do not have to face the insurance process alone. At Ravid & Associates, P.C., we fight for the rights of injury victims in Detroit and across the entire state. Our legal team will work to secure the maximum compensation available under Michigan law. Contact our Detroit car accident attorneysat Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We represent clients from our office in Southfield, Michigan, and proudly serve injured individuals throughout the entire state.
