A hit-and-run accident can leave you feeling shaken and overwhelmed. In Michigan, the no-fault insurance system offers some protections, but recovering compensation after a fleeing driver complicates the process. This blog breaks down what you need to know about no-fault benefits, hit-and-run rules, and your legal options.
Michigan’s No-Fault Insurance System
Michigan law requires all vehicle owners to carry no-fault, or personal injury protection (PIP), insurance. This coverage helps pay for medical expenses, lost wages, attendant care, household services, and other related costs, regardless of who caused the accident.
You can only sue for additional compensation in cases involving serious injuries or specific exceptions. Drivers also have the option to choose from different levels of PIP medical benefits rather than being required to purchase unlimited coverage.
Hit-and-run accident victims can still receive no-fault benefits, including drivers, passengers, pedestrians, and bicyclists. Those without their own insurance may qualify for benefits through Michigan’s Assigned Claims Plan.
If the at-fault driver cannot be identified, you may file a claim under your uninsured motorist (UM) insurance coverage. Many UM policies require a police report to be filed within 24 hours of the accident.
Why Drivers Leave the Scene
Drivers may flee an accident for several reasons:
- They are intoxicated or under the influence.
- They are driving a stolen vehicle.
- They are trying to avoid the police.
- They do not have insurance.
- They panic or fear legal or financial consequences.
These situations make identifying and holding the responsible party accountable much more difficult.
Can I Sue the Fleeing Driver?
You can pursue a civil lawsuit against the driver only if they are later identified or arrested. If the driver is never identified, filing a lawsuit is not possible, and your recovery will come from your own no-fault or UM insurance coverage.
What Should I Do After a Hit-and-Run?
Following a hit-and-run accident, taking the right steps can help protect your rights and ensure you receive the benefits you are entitled to:
- Call the police immediately and file a report. Be sure to include every detail you remember about the other vehicle and the circumstances of the crash.
- Take photos of the vehicle damage, the surrounding area, and any evidence such as debris or tire marks.
- Seek medical attention right away if you are injured, and save all records of your treatment.
- Report the crash promptly to your insurance company.
- File your no-fault and UM claims quickly. Michigan law generally requires no-fault claims to be filed within one year, and many insurers may have their own notice deadlines.
- Keep records of your injuries, medical expenses, and any correspondence with your insurance company.
- Insurance companies sometimes deny or delay valid claims. Speak with a Michigan no-fault insurance lawyer who can help you handle disputes and make sure all deadlines and requirements are met.
Conclusion
Recovering from a hit-and-run accident in Michigan can feel stressful, but your insurance benefits are designed to help. No-fault coverage can pay for medical bills, lost income, and other expenses, and uninsured motorist coverage may provide additional protection if the driver is never found.
Navigating claims and dealing with insurance companies can be complex, so having experienced legal guidance makes a significant difference.