The Shock of a Michigan Hit-and-Run: What Now?
It’s one of the most terrifying things that can happen on the road. The sound of crunching metal, the jolt of impact, and then the sinking feeling as you watch the other car speed away. A hit-and-run in Michigan leaves you feeling violated, angry, and panicked. Your first thoughts are a blur: "Are they coming back?" "Did anyone see that?" "Who is going to pay for my medical bills and the damage to my car?"
We're here to tell you that you are not out of options. Even though the at-fault driver is gone, you still have rights. The key is knowing the exact steps to take to protect yourself and your claim. This is a confusing process, but you don't have to go through it alone.
Step 1: Your Safety and the Police Report (Do This Immediately)
First things first: pull over to a safe location if you can. If you or anyone in your car is injured, call 911 immediately. Your health is the number one priority. Even if the accident seems minor, it is absolutely essential that you file a police report. Do not leave the scene without one.
Why is this so important? In a hit-and-run case, the police report is the official proof that the accident actually happened. Without it, your insurance company could (and likely will) deny your claim, arguing that there's no evidence another car was involved. Tell the officer everything you remember, no matter how small. This report is the foundation of your entire case.
Step 2: Gather Every Piece of Evidence You Can
While you are safely at the scene, try to document everything. Your memory will fade, but photos are forever. If you are able, do the following:
Try to Remember the Car: Even a partial license plate is a huge help. If you couldn't get it, what was the car's color, make, and model (e.g., "a dark blue Ford SUV")? Was there any obvious damage, like a broken taillight? Where was the damage on their car?
Look for Witnesses: Did anyone else see the crash? Look at other drivers, pedestrians on the sidewalk, or people in nearby shops. Get their names and phone numbers immediately. A witness who can confirm your story is invaluable.
Photograph Everything: Take photos of the damage to your car, your injuries, the accident scene, any debris on the road (like a broken headlight from the other car), and the weather conditions. Take more photos than you think you need.
Find Cameras: Look around. Were there any security cameras on nearby buildings or traffic cameras at the intersection? An experienced Michigan hit-and-run lawyer can send official requests to preserve this footage before it's deleted.
Step 3: How Your Own Insurance Can Help (The Most Important Part)
This is the part that confuses most people in Michigan. If the other driver is gone, who pays? The answer, in most cases, is your own insurance company. This is what you pay your premiums for. Here’s how it works.
For Your Medical Bills: Your No-Fault (PIP) Benefits
This is the good news. Michigan is a No-Fault insurance state. This means your own auto insurance policy pays for your medical bills, lost wages (up to three years), and replacement services (like help with chores) through your Personal Injury Protection (PIP) benefits. This is true no matter who was at fault, and it's true even when the at-fault driver is unknown.
For Your Pain and Suffering: Uninsured Motorist (UM) Coverage
This is the single most important coverage you can have in a hit-and-run case. Uninsured Motorist (UM) coverage is optional, and we urge everyone to check their policy for it right now. This coverage steps in and takes the place of the missing driver's insurance.
Your PIP benefits will pay your medical bills, but they will not pay you for your pain and suffering, your emotional distress, or the impact the injury has had on your life. Only a claim against the at-fault driver, or, in this case, your own Uninsured Motorist coverage, can do that. If you have UM coverage, you can file a claim with your own insurer for these "non-economic" damages, just as if you were filing against the driver who fled.
What if I don't have insurance or can't identify the car?
If you were a pedestrian or bicyclist hit by a hit-and-run driver and you don't own an insured car, you may still be covered. The Michigan Assigned Claims Plan (MACP) is a state program that can assign an insurance company to handle your PIP benefits. This is a critical safety net for the most vulnerable victims. An attorney can help you determine if you qualify and file the complex application.
Step 4: What About My Car? Getting Property Damage Paid
How your car gets fixed also depends on your own policy. Because you can't file a Michigan Mini-Tort claim against the unknown driver, you have two main options:
1. Collision Coverage: If you have collision coverage on your policy, you can use it to repair your car. You will have to pay your deductible, which is frustrating. However, some insurance companies will waive the deductible in a hit-and-run case if you have a police report and are not at fault. Be sure to ask about this.
2. Limited Property Damage: Some policies have a specific, limited property damage coverage for when you are hit by an uninsured driver. Check your policy declarations page to see if this applies.
Why You Need a Lawyer After a Hit-and-Run
You might think, "If I'm just filing a claim with my own insurance, why do I need a lawyer?" It’s a sad truth, but your insurance company is not always on your side. When you file an Uninsured Motorist claim, you are now in an "adversarial" relationship. Their goal is to pay you as little as possible for your pain and suffering. They may argue your injuries aren't serious or that you were partially at fault.
A Michigan personal injury lawyer who handles hit-and-run cases knows these tactics. We take over the fight, handle all the paperwork, and gather the evidence to prove the full value of your claim. We fight to make sure the insurance company honors the policy you paid for.
You’ve already been victimized once by the driver who fled. Don't let yourself be victimized a second time. At Shiraz Law Firm, we're here to protect you. Call us for a free consultation to understand your rights and your next steps.
