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Azzo Legal Guides · Car Accidents

Hit by an Uninsured Driver in Michigan: The Assigned Claims Plan and Your Own Coverage

If the driver who hit you had no insurance, your medical bills are still covered. Who pays depends on whether you have a policy, and the clock is one year.

The numbers that run an uninsured driver claim in Michigan.

Most people go through this once, without a map. The numbers below are the official count, not our estimate. The rest of this guide is the map.

Time to apply to the Assigned Claims Plan
1
year
Medical benefit cap through the Assigned Claims Plan
250000
dollars
Mini tort claim against the driver for your car
3000
dollars
Years to sue the driver for injury
3
years

Source: Michigan no-fault act, MCL 500.3114, 500.3172, 500.3174, and 500.3135.

The whole claim, in order

What should you do after an uninsured driver hits you in Michigan?

Each phase protects the one after it. Get medical care fast, open the claim on time, build the record, then settle from strength.

01
At the scene

Get the police report started

Call 911. Tell the officer the other driver has no insurance card, or left. Get the plate, the driver's name, and the report number. The report is what the Assigned Claims Plan and your UM coverage will ask for first.

02
The first week

Find the policy that pays

Your own auto policy, then any policy belonging to a spouse or relative you live with. Open the no-fault claim with the first one that exists. Write down the claim number and the adjuster's name.

03
The first month

If there is no policy, apply to the Assigned Claims Plan

The application goes to the Michigan Automobile Insurance Placement Facility, not an insurer. File it with the police report and your medical records. It has to be in within one year of the crash, and the sooner it goes in, the sooner a carrier is assigned to pay.

04
The first month

Read the UM section of your policy

Find the declarations page. If it lists uninsured or underinsured motorist coverage, read the conditions. Notice periods and suit deadlines in that section are contract terms and can be shorter than the law's. Put your insurer on written notice of a UM claim now.

05
Months two through twelve

Build the injury claim

Treat, keep every appointment, and keep the records. The injury claim, against the driver or your UM coverage, needs a threshold injury and a medical record that shows it. The three-year clock for suing the driver runs from the crash.

Taking notes on a legal pad beside a phone in warm window light
Write it down while it is fresh. The logs you start in week one are the ones that pay in month six.
The unforgiving part

How long do you have after an uninsured driver crash in Michigan?

Every injury claim in Michigan runs on clocks that start the day you are hurt. The forms are simple and the deadlines are unforgiving.

The deadline clock

Time from the crash to each cutoff. Every case has facts that can shift these, which is exactly what a free first look confirms.

Apply to the Assigned Claims Plan
MCL 500.3174, counted from the crash
1 year
33
Day 1
Notice to a no-fault insurer or suit for benefits
MCL 500.3145, one year, extended by written notice
1 year
33
1 year
Injury lawsuit against the driver
MCL 600.5805
3 years
100
3 years
CrashYear 1Year 2Year 3
Earlier is cheaper than later, every time. Evidence scatters, witnesses move, and the one-year-back rule quietly shrinks what a late claim can recover.
What your case is worth

What moves an uninsured driver claim in Michigan?

No formula survives contact with a real case, but the drivers are knowable. Economic damages are receipts and math. Pain and suffering is argued, not calculated, and multiplier rules of thumb are internet folklore.

What raises value ↑

  • A police report that names the driver and records no insurance
  • Your own policy, or a household relative's, that was in force
  • Uninsured motorist coverage on the declarations page
  • The Assigned Claims application filed in the first months
  • Medical treatment that starts right away and continues
  • A driver who was found, even if uninsured
  • Objective injuries a scan or an X-ray can show
  • Consistent treatment with no gaps
  • Credible witnesses and clean scene photos
  • A documented counter, not a fast yes to the first offer
  • A lawyer the insurer believes will try the case

What lowers it ↓

  • Owning and driving an uninsured car yourself
  • No police report
  • Waiting past a year to apply to the Assigned Claims Plan
  • Missing a notice deadline written into the UM section of the policy
  • A hit and run with no contact and no report
  • A gap between the crash and the first doctor visit
  • Gaps in treatment the insurer reads as recovery
  • Social media that performs wellness while you claim injury
  • Recorded statements given early and casually
  • Prior injuries hidden instead of disclosed
  • Deadlines missed while the claim waited

Where Michigan's 2024 crashes came from

Reported contributing factors, statewide. The other driver's behavior is often the heart of the fault argument.

Distracted driving
0
Alcohol involved
0
Drug involved
0

Source: Michigan State Police 2024 year-end crash data.

Ask Azzo

Questions people ask

Who pays if I am hit by an uninsured driver in Michigan?

Your own no-fault insurer pays your medical bills and lost wages, the same as if the other driver had insurance. If nobody in your household has a policy, the Michigan Assigned Claims Plan pays. Pain and suffering comes from the driver personally or from your own uninsured motorist coverage.

What is the Michigan Assigned Claims Plan?

A state program under MCL 500.3171 to 500.3175 that assigns a no-fault claim to an insurer when no policy applies. It covers pedestrians, cyclists, passengers, and hit and run victims with no auto policy in the household. Medical benefits are capped at $250,000.

How long do I have to apply to the Assigned Claims Plan?

One year from the crash. MCL 500.3174. The application goes to the Michigan Automobile Insurance Placement Facility.

Can I get no-fault benefits if I was driving my own uninsured car?

No. The owner of an uninsured vehicle who is injured while driving it gets no no-fault benefits from anyone, and cannot sue the other driver for pain and suffering. MCL 500.3113 and 500.3135(2)(c).

Can I sue an uninsured driver in Michigan?

Yes, for pain and suffering if your injury meets the threshold. Collecting is the problem. Michigan suspends the license of a driver who does not pay a crash judgment, MCL 257.512, but there is no insurer to write the check.

What is uninsured motorist coverage?

Optional coverage on your own policy that pays the pain and suffering an uninsured driver would have owed, up to the limit you bought. It is not required in Michigan. Check the declarations page for UM or UIM.

Does uninsured motorist coverage have a deadline?

Yes, and it is set by the policy, not the law. Notice periods and the time to file suit are written into the UM section and can be shorter than three years. Read it the week of the crash.

Who pays for my car if the other driver had no insurance?

Your own collision coverage, minus the deductible. The deductible, up to $3,000, is a mini tort claim against the driver personally, filed in small claims if they do not pay.

What if the driver left the scene?

Report it to police the same day. Your medical benefits come from your own policy or the Assigned Claims Plan. Your UM coverage, if you have it, covers the pain and suffering claim, and most policies require a prompt police report.

What happened in Griffin v Trumbull?

A motorcyclist was run off the road by a truck that never touched him. The crash report had the truck driver's name but not the plate, owner, or insurer. He claimed from his own insurer, which neither paid nor denied for a year. The Michigan Supreme Court held he had done his due diligence and his insurer could be held liable, even though the truck's insurer turned up later. The lesson is to claim from every insurer you can identify, in writing, inside the year.

Do I need a lawyer if the other driver was uninsured?

The first job is finding every policy that applies, and that is where cases with an uninsured driver are won or lost. If you have a threshold injury and there is coverage somewhere, UM, a household policy, or the plan, a lawyer changes the outcome. If there is none, we say so and tell you what to do instead.

Do I need a lawyer after a car accident in Michigan?+
For a property-only fender-bender with a cooperative insurer, probably not, and we will say so. For injuries, denied benefits, threshold questions, or any insurer behaving like it has somewhere better to be, yes, and earlier is cheaper than later. The consultation is free either way.
Can you sue someone for a car accident in Michigan?+
Yes, when your injuries cross Michigan's threshold for pain and suffering. No-fault pays your medical care and wage loss regardless of fault. The suit against the at-fault driver is the second claim, and it carries the pain and suffering recovery.
Should I accept the first offer?+
Almost never before your treatment stabilizes, because you cannot price an injury that is still unfolding. Early offers exist because they are cheap. A counter with documentation behind it is the process working.
How is fault determined in a car accident in Michigan?+
Fault is built from the police report, scene photos, witness accounts, and vehicle damage, then argued between insurers under Michigan's comparative fault rules. Your no-fault benefits do not depend on fault. The claim against the other driver does, which is why week-one evidence matters.
Is my injury too small to bother a lawyer about?+
Ask. The first look is free, and small injury claims often carry PIP benefits that go unclaimed. If a lawyer will not improve your outcome after fees, the honest answer is to tell you that, with directions for handling it yourself.
News

The rulings that decide uninsured driver claims in Michigan

Two decisions set the clock: what counts as claiming benefits inside the year, and what counts as notice. Newest first. We update this section if a new ruling changes it.

Updated

November 10, 2026

Griffin v Trumbull Insurance Co, 2022

Michigan Supreme Court, decided July 15, 2022, Docket No. 162419

In May 2016, a truck merged into Willie Griffin's lane. He swerved, his motorcycle went down, and he was badly hurt. The truck never touched him. The police report had the truck driver's name, phone, and address, but no plate, no owner, and no insurer. Griffin's lawyer wrote to the driver five days later and got no answer. Griffin filed a no-fault claim with his own insurer, Trumbull, which spent six months trying to reach the truck driver, then closed its file without paying or denying. He applied to the Assigned Claims Plan, which asked for more information. He sued eleven months after the crash. In discovery, the truck turned out to belong to a paving company insured by Harleysville.

Trumbull argued Harleysville was the higher-priority insurer, so Trumbull owed nothing. The Supreme Court disagreed. A claimant has to be diligent in claiming benefits from every insurer that can be identified, and Griffin was: he hired a lawyer, investigated, and claimed from the only insurer anyone could find. An insurer that is sure it does not owe benefits should deny promptly so the claimant can go to the plan. Trumbull did neither, and could be held liable.

Claim from every insurer you can identify, in writing, inside the year. An insurer that sits on the claim does not get to point at one nobody could find.

Perkovic v Zurich American Insurance Co, 2017

Michigan Supreme Court, decided April 14, 2017, Docket No. 152484

A semitruck driver was hurt in a February 2009 crash and treated at a hospital in Nebraska. Two months later the hospital sent his records and bills to Zurich, his employer's insurer. Zurich said it had no injury report and denied the bills. He sued his own insurers, and did not add Zurich until thirteen months after the crash. Zurich argued the one-year notice period had run.

The Supreme Court held the hospital's records and bills were notice. The statute requires written notice of the injury with the name and address of the claimant and the time, place, and nature of the injury. The hospital's paperwork had all of it, and nothing in the statute says the claimant has to be the one who sends it.

A provider's bill with your name, the date, and the injury on it can be the notice that saves the claim.

These decisions describe how courts read the statute in the cases in front of them. They do not tell you how your own claim will come out, because your facts control that. If the driver who hit you had no insurance and you are not sure who pays, call Azzo Law at 844-ASK-AZZO (844-275-2996).

Lauren Sitto Azzo, lead attorney at Azzo Law, PLLC, is responsible for the content of this page. This section is general information about Michigan court decisions and not legal advice, and reading it does not create an attorney-client relationship.

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