Hit-and-run and uninsured drivers

Hit-and-run and uninsured

The other driver took off, or carried nothing. That is not the end of it.

Your own no-fault policy still pays your medical bills and lost wages. That is true even if the other driver had no insurance or drove off. If no policy applies to you, you can usually still claim through the Michigan Assigned Claims Plan. MCL 500.3114(1), MCL 500.3172(1).

What makes these cases different is that there is often no other insurance company to pay for pain and suffering. That money usually has to come from your own policy, through uninsured motorist coverage. That coverage is a contract, and the contract sets the rules. That includes how fast you must report a hit-and-run, which can be as short as 30 days. DeFrain v State Farm, 491 Mich 359 (2012).

Where the money comes from after a hit-and-run

Your own PIP coverage. PIP is the no-fault part of your own auto policy. It pays medical care and lost wages no matter who caused the crash. It covers you, your spouse, and relatives who live in your home. MCL 500.3114(1).

The Michigan Assigned Claims Plan. If no PIP policy applies to you, or none can be found, you claim through this state plan. The Michigan Automobile Insurance Placement Facility runs it. MCL 500.3171(2), MCL 500.3172(1).

Uninsured motorist coverage (UM). This is an optional add-on to your own policy. It usually pays for harm caused by a driver with no insurance, or a driver who cannot be found. Michigan law does not require it, so the policy itself sets every term. DeFrain, 491 Mich at 367.

Underinsured motorist coverage (UIM). This one helps when the other driver had some insurance, but not enough to cover your losses. It is also optional, and the policy controls how it works. Dawson v Farm Bureau, 293 Mich App 563, 568 (2011).

The driver who caused the crash. If the driver is identified, you can sue them, but a driver with no insurance often has very little you can collect. So we go after the insurance money that is actually there first.

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

Hit-and-run and uninsured

Kennedy Taylor

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We check your own policy for coverage you have not used

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Injury cases run on contingency

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30 days

How short a hit-and-run notice rule in a UM policy can be. The court enforced it against a man hit while walking, and the insurer did not have to show the delay hurt it. <em>DeFrain v State Farm</em>, 491 Mich 359 (2012).

One year

To notify the Michigan Automobile Insurance Placement Facility of a claim through the Assigned Claims Plan. MCL 500.3174.

$250,000

The most the Assigned Claims Plan pays for medical care and other allowable expenses, in most cases. MCL 500.3172(7)(a), MCL 500.3107c(1)(b).

A person at golden hour documenting a scraped car and the empty space beside it where another vehicle had been.

How this works

Who pays when the other driver cannot

Your own policy pays first, even without fault.

No-fault does not depend on who caused the crash, so your PIP pays your medical care and lost wages either way. If you have no policy, a spouse's policy or a live-in relative's policy may cover you. MCL 500.3114(1). If you were walking or on a bike and no household policy applies, you claim through the Assigned Claims Plan. MCL 500.3115.

The Assigned Claims Plan is the backstop.

It pays PIP when no policy applies, when no policy can be found, or when insurance companies are disputing who owes. MCL 500.3172(1). You file the plan's claim form and give reasonable proof of your losses. MCL 500.3172(3). Medical and other allowable expense benefits are capped at $250,000 in most cases. MCL 500.3172(7)(a). Benefits are also cut by other coverage that pays for the same loss. MCL 500.3172(5).

UM and UIM are contracts, not law.

Michigan does not require uninsured or underinsured coverage, so the words in your policy decide what it pays and when. DeFrain, 491 Mich at 367. Dawson, 293 Mich App at 568. Courts enforce those words as written, even a short deadline. Rory v Continental Ins Co, 473 Mich 457, 470 (2005).

Some UM policies say a hit-and-run car must actually touch you or your car, and Michigan courts enforce that rule. Swerving to miss a car that never touched you is usually not enough. Berry, 219 Mich App at 347 (citing Said v Auto Club Ins Ass'n, 152 Mich App 240 (1986)). A rock or a part thrown off the other car can count, if it is tied closely to that car. Berry v State Farm, 219 Mich App 340, 347 (1996).

If you owned the vehicle and it was not insured.

Say you own a car that was in the crash, and it had no required insurance. Then you get no PIP at all. MCL 500.3113(b). If you were driving your own uninsured car, you also cannot win pain and suffering damages. MCL 500.3135(2)(c). If your uninsured car was being driven, you also cannot collect the mini-tort, the small claim for vehicle damage. MCL 500.3135(4)(e). Tell us anyway, and we will look at what is left.

Deadlines

As short as 30 days to tell your insurer about a hit-and-run, if your UM policy says so. In DeFrain, the policy also asked for a police report within 24 hours. Missing the 30 days ended the UM claim, with no need for the insurer to show harm. DeFrain v State Farm, 491 Mich 359 (2012). Read your insurance policy during the first week after the crash.

One year to notify the Placement Facility of an Assigned Claims Plan claim. MCL 500.3174.

One year to give your own insurer written notice or file for PIP. MCL 500.3145(1).

The one-year-back rule. Even with a timely case, you cannot recover PIP loss from more than one year before you filed suit. MCL 500.3145(2). The clock pauses from the date of a specific claim for payment until the insurer formally denies it. MCL 500.3145(3).

Whatever your policy says for a UM or UIM lawsuit. A policy can set a shorter time limit than the law would. Rory v Continental Ins Co, 473 Mich 457, 470 (2005).

Three years to sue the driver who hit you, if that driver is found. MCL 600.5805(2).

Practical, not a legal deadline: report the crash to police right away, and write down what you saw. Photograph any paint, parts, or debris the other car left behind, because that proof can show the cars touched.

Hit-and-run notice to your UM insurer, if the policy sets it

DeFrain v State Farm, 491 Mich 359 (2012)

30 days

Notice of an Assigned Claims Plan claim

MCL 500.3174

1 year

Suit against the driver, if found

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 read the UM terms first.

Some policies give you only 30 days to report a hit-and-run, so we find that clock before anything else.

We find the PIP that applies.

We check your policy, a spouse's policy, and any relative's policy at home. If none of those applies, we file with the Assigned Claims Plan.

We build the proof.

We gather the police report, photos of paint or debris, and witness names. In a hit-and-run, that evidence can prove the vehicles touched.

We look for the other driver.

If the driver is found, we check for any insurance or assets, then go after what can actually be collected.

We press the UM or UIM claim.

We file inside the time your policy allows. Before any settlement with the other driver, we check what your UIM policy requires.

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

Who pays my medical bills if the driver had no insurance?

Your own auto policy pays first, through PIP, and it pays no matter who caused the crash. A spouse's policy or a live-in relative's policy can also cover you. MCL 500.3114(1).

What if I was hit by a car that drove off?

PIP still pays your medical care and lost wages. For pain and suffering, look at the uninsured motorist part of your own policy. Report it to your insurer fast, because some policies give you only 30 days. DeFrain v State Farm, 491 Mich 359 (2012).

Can I still get no-fault benefits if I do not have car insurance?

Often yes, through the Michigan Assigned Claims Plan, if no policy applies to you. MCL 500.3172(1). You must notify the Placement Facility of the claim within one year. MCL 500.3174. But if you own a car that was in the crash and was not insured, you get no PIP. MCL 500.3113(b).

Does uninsured motorist coverage pay if the car never touched me?

Often it does not. Some policies require contact with you or your car, and Michigan courts enforce that term. Something thrown off the other car, like a rock, can count if it is closely tied to that car. Berry v State Farm, 219 Mich App 340, 347 (1996).

Can I sue a driver who has no insurance?

Yes, you can sue the driver if you can find them. For pain and suffering, your injury still has to meet Michigan's serious injury threshold. MCL 500.3135(1). Many uninsured drivers have little to collect, so your own UM coverage often matters more.

What if the other driver had insurance, but not enough to cover my losses?

Check your own policy for underinsured motorist coverage, called UIM. It is optional coverage, and the policy sets the rules. Some policies say the insurer is not bound by a judgment it did not agree to in writing. Dawson v Farm Bureau, 293 Mich App 563, 568 (2011). Call us before you settle with the other driver's insurance company.

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. When the other driver had nothing, or drove away, the case lives in your own policy. Most people have never read their UM terms, so we read them first.

Call 844-ASK-AZZO or tell us what happened online. Send your policy pages if you have them, and we will start with the clock that runs out first.

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

Hit-and-run and uninsured

Where the money comes from after a hit-and-run

Who pays when the other driver cannot

Your own policy pays first, even without fault.

The Assigned Claims Plan is the backstop.

UM and UIM are contracts, not law.

If you owned the vehicle and it was not insured.

Deadlines

Working with us

You call, or you send it.

We read the UM terms first.

We find the PIP that applies.

We build the proof.

We look for the other driver.

We press the UM or UIM claim.

Fees

The order it runs in

Questions people ask

Who pays my medical bills if the driver had no insurance?

What if I was hit by a car that drove off?

Can I still get no-fault benefits if I do not have car insurance?

Does uninsured motorist coverage pay if the car never touched me?

Can I sue a driver who has no insurance?

What if the other driver had insurance, but not enough to cover my losses?

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened

Hit-and-run and uninsured

Where the money comes from after a hit-and-run

Who pays when the other driver cannot

Your own policy pays first, even without fault.

The Assigned Claims Plan is the backstop.

UM and UIM are contracts, not law.

If you owned the vehicle and it was not insured.

Deadlines

Working with us

You call, or you send it.

We read the UM terms first.

We find the PIP that applies.

We build the proof.

We look for the other driver.

We press the UM or UIM claim.

Fees

The order it runs in

Questions people ask

Who pays my medical bills if the driver had no insurance?

What if I was hit by a car that drove off?

Can I still get no-fault benefits if I do not have car insurance?

Does uninsured motorist coverage pay if the car never touched me?

Can I sue a driver who has no insurance?

What if the other driver had insurance, but not enough to cover my losses?

Where to go next

Explore other services

Business disputes

Criminal defense

Property damage

Catastrophic injury

Tell us what happened