Pedestrian and bicycle crashes

Pedestrian and bicycle

You were walking or riding and a car hit you. Michigan still runs that through auto no-fault.

If a car hit you while you were walking or riding a bike, Michigan auto no-fault insurance still covers you. You do not need to own a car to be covered.

Your case is different from a driver's case because you were not in a vehicle. So there is no car policy that is clearly yours. Michigan law sets a specific priority order for which insurance company pays. Your own auto policy comes first, or a policy held by a spouse or relative who lives with you. MCL 500.3114(1). If nobody in your household has a policy, you apply through the Michigan Assigned Claims Plan. That is the state program for people with no coverage. MCL 500.3115. The claim against the driver who hit you is a second, separate case.

What the coverage pays

Medical care. PIP, the no-fault coverage on an auto policy, pays for reasonable and necessary medical treatment. The limit depends on the coverage level chosen on the policy that pays you. MCL 500.3107c(1).

Care through the state plan. When your claim runs through the Assigned Claims Plan, medical benefits are capped at $250,000 in most cases. MCL 500.3172(7), MCL 500.3107c(1)(b).

Lost wages. PIP pays 85% of the income you lost, for up to three years. For crashes on or after October 1, 2026, the cap is $7,455 in any 30-day period. Earlier crashes have a lower cap. MCL 500.3107(1)(b), DIFS Bulletin 2026-20-INS.

Help around the house. PIP pays up to $20 a day for household work you can no longer do yourself, for up to three years. MCL 500.3107(1)(c).

Pain and suffering. This money comes from the driver who hit you, not from PIP. It is paid only when the injury is serious enough under Michigan law. MCL 500.3135(1).

Tell us what happened at askazzo.com, or call 844-ASK-AZZO (844-275-2996). The office is at 33687 Woodward Ave in Birmingham.

Lawyers specialized in

Pedestrian and bicycle

No items found.

We will help you with:

You do not need to own a car to be covered

Medical bills can be paid while the case runs

Injury cases run on contingency

Let’s talk

$250,000

In most cases, the limit on medical benefits when your claim runs through the Michigan Assigned Claims Plan. The plan is for people with no auto policy in their household. MCL 500.3172(7), MCL 500.3107c(1)(b).

60 days

To serve written notice of an injury claim on a transit authority like SMART. The clock starts on the day you were injured. MCL 124.419.

One year

To notify the Assigned Claims Plan of your claim when no auto policy in your household covers you. MCL 500.3174.

A woman at a suburban intersection at golden hour photographing the crosswalk stripes and pedestrian signal with her phone.

How this works

Who pays, and in what order

First, an auto policy in your household.

Your own auto insurance policy pays first, even though you were walking or riding a bicycle. A policy belonging to your spouse, or to a relative living in your household, also counts. MCL 500.3114(1). These benefits are paid without regard to who caused the crash. MCL 500.3105(2). They cover medical care, lost wages, and help around the house, up to the policy's coverage level.

Next, the Michigan Assigned Claims Plan.

If no one in your household has a policy, you claim benefits through the Assigned Claims Plan. MCL 500.3115. This order applies to crashes after June 11, 2019. The same applies when no policy can be identified, or when two insurers are fighting over who owes. MCL 500.3172(1). The plan assigns your claim to an insurance company, and that company handles and pays it. MCL 500.3174. Medical benefits through the plan are capped at $250,000 in most cases. MCL 500.3172(7). The plan can also reduce what it pays by other coverage you have for the same bills, such as private health insurance. MCL 500.3172(5).

Then, the driver who hit you.

This is the claim for pain and suffering, and unlike PIP, it depends on who was at fault. It only opens for death, permanent serious disfigurement, or serious impairment of body function. MCL 500.3135(1). Your own percentage of fault reduces the amount you can recover. If you are more than 50% at fault, you recover nothing for pain and suffering. MCL 500.3135(2)(b).

If the driver left the scene.

Your PIP claim still goes forward through your household policy or the Assigned Claims Plan. MCL 500.3114(1), MCL 500.3115. For pain and suffering, look at the uninsured motorist coverage, called UM, on your own policy. UM terms are set by your insurance contract, not by a statute. Some policies require notice of a hit-and-run within 30 days, and Michigan courts enforce that deadline. DeFrain v State Farm, 491 Mich 359 (2012).

Deadlines

As little as 30 days to report a hit-and-run under your UM coverage, if your policy says so. In DeFrain, a driver hit a pedestrian and fled. The pedestrian lost his UM claim because the insurer got notice late. The court did not require the insurer to show any harm from the delay. DeFrain v State Farm, 491 Mich 359 (2012).

60 days to serve written notice on SMART if one of its buses hit you. MCL 124.419. A police report or the bus driver's own report does not count as notice of your claim. Nuculovic v Hill, 287 Mich App 58 (2010).

60 or 120 days if a pothole or broken road caused your bike crash. A county road commission must get written notice within 60 days. MCL 224.21(3). Other road defect claims against a government agency need notice within 120 days, or 180 days for a child. MCL 691.1404.

One year from the crash to give your insurer written notice of injury or file for PIP benefits. MCL 500.3145(1). If no policy covers you, notify the Assigned Claims Plan within one year. MCL 500.3174.

The one-year-back rule. Even with a timely claim, you cannot recover losses from more than one year before the day you file suit. MCL 500.3145(2).

The clock pauses from the day you make a specific claim for payment until the insurer formally denies it. MCL 500.3145(3).

Three years to file a lawsuit against the driver who hit you. MCL 600.5805(2).

A child has until one year after turning 18 to sue the driver. MCL 600.5851(1). That extra time does not reach the one-year-back rule on PIP benefits. Joseph v Auto Club, 491 Mich 200 (2012). In Cameron v Auto Club, 476 Mich 55 (2006), a car hit a young boy riding his bicycle. Six years later, his parents sued on his behalf for the attendant care he got in the first three years. All of that care was more than one year old, so they lost the claim.

Practical advice, not a legal deadline: keep your clothes, shoes, helmet, and bike exactly as they are. Do not wash, repair, or throw away anything. Photograph the location, the traffic signal, and the crosswalk before anything changes, and get the police report number.

Written notice of a claim against SMART

MCL 124.419

60 days

Notice to your insurer, or to the Assigned Claims Plan

MCL 500.3145(1), MCL 500.3174

1 year

Lawsuit against the driver who hit you

MCL 600.5805(2)

100

3 years

Working with us

A named attorney owns the file and calls you back, usually the same day.

You call, or you send it.

We find out who pays first.

It could be your policy, a household policy, or the Assigned Claims Plan. MCL 500.3114(1) and MCL 500.3115 set the order.

We send the written notices.

The insurer or the plan gets notice within one year. If a SMART bus was involved, SMART gets notice within 60 days.

We preserve the scene.

We gather photos, the police report, nearby security cameras, and witness statements. Where you were standing and which light was showing often drive the fault argument.

We build the medical record.

We collect treatment notes, work restrictions, and daily logs of family care at home. Insurance companies pay on what is written down.

We evaluate the claim against the driver.

If the injury meets the threshold in MCL 500.3135, we file within the three years.

Fees

No Fee Unless We Win.

Crash cases run on contingency. No attorney fee unless we recover for you, and the fee comes out of the recovery at a percentage set in a written agreement you sign before we start. Case costs are itemized separately. The consultation costs nothing, and if the case is not worth pursuing we say so instead of signing you up.

The order it runs in

Recovery
Case costs
Attorney fee
Medical liens
What reaches you

Questions

Questions people ask

I was hit by a car while walking. Who pays my medical bills?

Your own auto insurance policy pays first, or a policy held by a spouse or relative living in your household. MCL 500.3114(1). It pays medical benefits no matter who caused the accident. MCL 500.3105(2). If nobody in your household has a policy, you apply for benefits through the Michigan Assigned Claims Plan. MCL 500.3115.

I do not own a car. Am I still covered?

Yes, because when no policy in your household covers you, the Michigan Assigned Claims Plan provides the coverage instead. MCL 500.3115. Medical benefits through the plan are capped at $250,000 in most cases. MCL 500.3172(7). You must notify the plan within one year of the accident. MCL 500.3174.

Does no-fault cover me if I was riding a bike?

Yes, as long as a car or other motor vehicle was involved in the accident. A cyclist is not an occupant of a vehicle, so the same priority order applies as for a pedestrian. Your household policy comes first, and the Assigned Claims Plan is the backup. MCL 500.3114(1), MCL 500.3115.

The driver drove away. Do I still have a case?

Yes, your PIP benefits still come through your household policy or the Assigned Claims Plan. MCL 500.3114(1), MCL 500.3115. Pain and suffering may come from the uninsured motorist coverage on your own policy. Report the accident to your insurance company immediately. Some policies allow only 30 days, and Michigan courts enforce that limit. DeFrain v State Farm, 491 Mich 359 (2012).

A SMART bus hit me. Is there a different deadline?

Yes, SMART must receive written notice of your injury claim within 60 days of the accident. MCL 124.419. That deadline is much shorter than the usual three years. A police report sent to SMART does not satisfy it. Nuculovic v Hill, 287 Mich App 58 (2010).

My child was hit. Does my child get more time?

For the lawsuit against the driver, yes. A child has until one year after turning 18 to file. MCL 600.5851(1). For PIP benefits, no, because the one-year-back rule still applies to children. Joseph v Auto Club, 491 Mich 200 (2012). Medical bills and family care that you wait to claim can be permanently lost.

The driver says I stepped out in front of the car. What happens now?

Your PIP benefits do not depend on fault, so that argument does not stop your medical coverage. MCL 500.3105(2). Fault only matters in the separate lawsuit against the driver. There, your percentage of fault reduces your recovery, and above 50% you receive nothing for pain and suffering. MCL 500.3135(2)(b).

This page explains Michigan law. It is not legal advice about your situation, and the statutes and figures on it change. Reading this page, calling the firm, or sending us information does not create an attorney-client relationship. That relationship starts only when you and the firm sign a written agreement.

For the firm's full terms, see our disclaimer.

The Azzo Law storefront office on a Birmingham main street at dusk, warm light in the windows.

Lauren Sitto Azzo leads Azzo Law from 33687 Woodward Ave in Birmingham, with a team behind the work. People hit on foot or on a bike often think no-fault insurance is only for drivers. So they never file a claim, and the one-year deadline quietly passes. We find out who pays first and get the written notice in on time.

Call 844-ASK-AZZO or tell us what happened. We will find the right policy, check every deadline that applies, and tell you plainly where you stand.

Tell us what happened Call 844-ASK-AZZO (844-275-2996)

Pedestrian and bicycle

What the coverage pays

Who pays, and in what order

First, an auto policy in your household.

Next, the Michigan Assigned Claims Plan.

Then, the driver who hit you.

If the driver left the scene.

Deadlines

Working with us

You call, or you send it.

We find out who pays first.

We send the written notices.

We preserve the scene.

We build the medical record.

We evaluate the claim against the driver.

Fees

The order it runs in

Questions people ask

I was hit by a car while walking. Who pays my medical bills?

I do not own a car. Am I still covered?

Does no-fault cover me if I was riding a bike?

The driver drove away. Do I still have a case?

A SMART bus hit me. Is there a different deadline?

My child was hit. Does my child get more time?

The driver says I stepped out in front of the car. What happens now?

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened

Pedestrian and bicycle

What the coverage pays

Who pays, and in what order

First, an auto policy in your household.

Next, the Michigan Assigned Claims Plan.

Then, the driver who hit you.

If the driver left the scene.

Deadlines

Working with us

You call, or you send it.

We find out who pays first.

We send the written notices.

We preserve the scene.

We build the medical record.

We evaluate the claim against the driver.

Fees

The order it runs in

Questions people ask

I was hit by a car while walking. Who pays my medical bills?

I do not own a car. Am I still covered?

Does no-fault cover me if I was riding a bike?

The driver drove away. Do I still have a case?

A SMART bus hit me. Is there a different deadline?

My child was hit. Does my child get more time?

The driver says I stepped out in front of the car. What happens now?

Where to go next

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened