Hit and Run in Michigan: Who Pays When the Driver Flees

You heard the crunch, you looked up, and the other car was already gone. No name, no plate, no insurance card. Now you're hurt, your car is damaged, and the one person responsible has disappeared.

A hit and run feels like it should leave you with nobody to claim against. In Michigan, that usually isn't true. Different coverage handles different losses, and most of it doesn't depend on ever finding the driver. The catch is that each piece runs on its own rules and its own clock. If a driver left you with injuries, our personal injury practice can help you work out who owes what.

Your medical bills don't depend on finding the driver

Michigan is a no-fault state. Your own personal protection insurance (PIP) generally pays reasonable and necessary accident-related medical care and certain other benefits no matter who caused the crash. The driver running away doesn't change that. Our guide to who pays your medical bills after a Michigan car accident explains how insurers are prioritized.

If you were on foot or on a bike, a household auto policy often still comes first. Our post on being hit by a car while walking covers that situation.

No auto policy to claim under? The assigned claims plan

Some people have no policy that applies. Think of a pedestrian with no car in the household, or a passenger with no coverage of their own. When no PIP coverage applies or none can be identified, MCL 500.3172 allows a claim through Michigan's assigned claims plan, which assigns the claim to an insurer to handle.

Two things to know up front:

• The notice deadline is one year. Under MCL 500.3174, you must notify the Michigan Automobile Insurance Placement Facility within one year of the accident.
• Not everyone qualifies. Someone who owned an uninsured vehicle they were required to insure can be shut out of PIP benefits, and benefits through the plan may be more limited than under a regular policy.

Your car: collision coverage, not the other driver

No-fault medical benefits don't fix your car. For the damage, you'll usually look to your own collision coverage if you bought it.

Michigan's collision options differ on how they treat the deductible and whether they pay when fault can't be shown, and an unidentified driver can complicate that. Check which type you have before you assume the answer.

The mini-tort claim, which can recover up to $3,000 for vehicle damage from an at-fault driver, needs a driver to collect from. That makes it useful only if the person is found. Our mini-tort guide explains how it works.

Pain and suffering: uninsured motorist coverage

With no driver to sue, a claim for pain and suffering usually runs through uninsured motorist (UM) coverage on your own policy, if you have it. UM is optional in Michigan, so look at your declarations page.

Hit-and-run UM claims come with conditions that catch people:

• Notice rules. Many policies require a police report and notice to the insurer within a short window. These deadlines come from the policy and can be far shorter than the general injury deadline.
• Physical contact. Many policies require that the other vehicle actually struck you or your car. If a driver ran you off the road without touching you, the policy language becomes the main fight.
• The same injury threshold. You generally still need to show the injury meets Michigan's standard for noneconomic damages. Our post on the serious impairment threshold explains it.

You're also making this claim against your own insurer, which has every reason to scrutinize it. Our post on uninsured drivers in Michigan goes deeper on how UM works.

What if they find the driver?

Then you may have a direct claim. That can include pain and suffering, along with economic losses beyond what no-fault pays. If the driver or the vehicle's owner has liability insurance, that policy may respond, and the mini-tort comes back into play. Our post on how long you have to file an injury claim covers the general time limits.

The driver may also face criminal charges. Under MCL 257.617, a driver in a crash must stop and remain at the scene to meet their legal duties. Leaving after a crash that causes serious impairment or death can be a felony of up to 5 years, and up to 15 years if the driver caused the death. A criminal case is separate from your insurance claims, so you shouldn't hold off on your claims while police investigate.

What to do in the first few days

• Don't chase them. Pulling away from the scene after a fleeing car puts you at risk and can muddy your own claim. Call 911 and stay put if you can.
• Write down what you remember right away. Color, make, direction of travel, partial plate, and any damage to their vehicle.
• Photograph the damage and the scene. Paint transfer and broken parts can help identify a vehicle.
• Ask about cameras quickly. Nearby businesses, homes and buses may have footage, and it often gets recorded over within days. Witnesses and dash cams matter too.
• Get a police report. It's often a condition of coverage as well as useful evidence.
• Tell your insurer promptly, and mention UM. Don't assume they'll treat it as a UM claim on their own.
• Get checked out. Injuries often show up later. Our post on seeing a doctor after a crash explains why a gap in care can hurt a claim.

Common mistakes after a hit and run

Waiting to see if police find the driver. Coverage deadlines keep running during an investigation, and many investigations never identify anyone.

Assuming no driver means no claim. Most of what you'll need comes from coverage that doesn't depend on the other driver.

Giving a recorded statement unprepared. Your own insurer can use it too. Our post on recorded statements explains why to slow down.

Never reading the policy. The notice and contact requirements that decide a UM claim are written there.

Questions we hear often

The other driver was never found. Can I still get paid? Often, yes. PIP generally pays medical and certain other benefits regardless of who caused the crash. Collision coverage may address your car, and UM coverage may address pain and suffering if your policy includes it.

Does a hit and run raise my insurance? That depends on your insurer and the facts. Ask before you assume, but don't skip a claim for benefits you're owed because of it.

What if someone hit my parked car and left? That's usually a vehicle damage claim through collision coverage, not an injury claim. Our post on parking lot accidents covers a similar situation.

I left the scene myself and I've been contacted by police. Talk to a lawyer before you give a statement. Our criminal defense practice handles those cases.

When to call ELN

Call us if a driver hit you and left, especially if you were hurt, you don't have a policy of your own, or your insurer is questioning a UM claim. We'll read the policy, find the deadlines that apply, and sort out which coverage should be paying for what.

Hurt in a hit and run? Schedule a consultation or visit our personal injury practice.

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