Michigan Hit & Run / Uninsured Motorist Accidents

Despite 2019 amendments to the Michigan No-Fault Act that were supposed to make automobile insurance less expensive for Michigan drivers, many vehicles on Michigan roadways are not covered by automobile insurance or have inadequate coverage to compensate our injured clients.

For whatever reason, we have seen an incredible uptick in hit-and-run crashes coming through our law firm in Farmington Hills. These incidents occur when another vehicle hits a vehicle, pedestrian, or motorcyclist and leaves the scene before the at-fault driver can be identified. When an individual is struck by a hit-and-run vehicle, the victim usually has a claim for Michigan Personal Injury Protection benefits (PIP). These benefits include payment for medical expenses, assistance with activities of daily living, wage loss, medical transportation, etc. There could also be claims for pain and suffering if the injured victim was covered under an insurance policy providing uninsured motorist benefits.

Metro Detroit No-Fault Claims Following A Hit-And-Run Accident

Insurance coverage for Michigan PIP benefits after a hit-and-run crash depends on your status at the time of the incident. If you were the operator of a motor vehicle, pedestrian, bicyclist, or on an “off-road vehicle,” the first priority insurer would be that of the injured person. If he or she did not have insurance, next in line to pay would be the insurer of the victim’s spouse or resident relative domiciled in the same house. If no relative had auto insurance, the injured victim’s benefits would be paid by the Michigan Assigned Claims Plan, with a cap of only $250,000. Different priorities apply to motorcycles, company cars, buses, etc., with the last resort always being the Michigan Assigned Claims Plan.

Uninsured Motorist Claims Following A Michigan Hit-And-Run Accident

Some Michigan automobile insurers offer “Uninsured Motorist Coverage,” which replaces the liability insurance the hit-and-run driver was supposed to have. If covered under such a policy, the injured victim can make a claim to collect damages for pain and suffering and excess economic losses from his or her own insurer rather than the hit-and-run driver. In most cases, and depending on the insurance policy provisions, you would need to prove the same things under the uninsured motorist policy as you would if the at-fault driver had been identified:

• That the uninsured driver was negligent
• That the plaintiff was injured
• That the negligence of the uninsured driver was a proximate cause of injury to the plaintiff
• That plaintiff’s injury resulted in death, serious impairment of body function, or permanent serious disfigurement

This coverage is relatively inexpensive, and we advise all our Farmington Hills neighbors to add it to their policies to be protected in the event they are struck by an uninsured driver.

Underinsured Motorist Coverage Following A Metro Detroit Crash

Michigan law requires motorists to carry bodily injury coverage to compensate victims who are injured in automobile accidents as a result of another driver’s negligence. In 2019, the minimum limits of this mandatory coverage rose from only $20,000, an amount entirely inadequate to compensate severely injured victims of automobile accidents, to a default minimum of $250,000 unless certain other criteria are met. Some insurance companies offer the option of purchasing Underinsured Motorist Coverage, which allows you to receive full compensation from your own insurance company when the negligent driver who caused your injuries has the minimum or inadequate insurance coverage.

To obtain these benefits, the at-fault driver must tender its policy limits to the crash victim. Depending on the policy language, the crash victim would then need to obtain the approval of the settlement with his or her own insurance company before pursuing the underinsured portion of their own policy. For example, assume the at-fault driver had only $250,000 in liability insurance, and the crash victim had $500,000 in underinsured motorist coverage. If a settlement was reached with the at-fault driver for $250,000, the injured victim would have an additional $250,000 available under the underinsured policy, for a total of $500,000. Insurance companies regularly dispute these claims, so it is important to discuss this matter with a knowledgeable attorney.

With Michigan and Farmington Hills insurance companies continuing to raise rates unilaterally, many motorists simply drive without insurance. Because of the prevalence of hit-and-run accidents and accidents with uninsured and underinsured motorists in the Detroit-Metro area, it is important that you obtain these coverages from your own automobile insurance carrier. Please note that several major automobile insurers in the state do not offer this optional coverage, so check your policy to ensure you are covered. With this coverage in effect, you can then collect the same benefits and compensation from your own insurance company that you would have from the hit-and-run, uninsured, and/or underinsured driver. While these types of accidents can be complex, an attorney who fully understands the law can be of great benefit in obtaining the compensation you deserve.

Contact The Davis Law Center for a FREE Consultation

For a thorough case review of personal injury and accident cases in the State of Michigan, click here or simply call 248-865-7740 to schedule a free consultation.

Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macomb County, Wayne County, Oakland County, and all of Michigan.