Michigan Hit and Run Lawyer: What Evidence is Needed to Prove Your Case

No car accident is ever easy to deal with, but hit-and-run accidents are especially frustrating and challenging. Not only might you feel angry that someone would hit you and then drive away, but you also might be left feeling like there is nothing you can do about it. At the Lee Steinberg Law Firm, our Michigan hit-and-run lawyers understand how frustrating these situations can be. Our lawyers are dedicated to helping our clients get the monetary compensation they are entitled to under the law.

As hopeless as a hit-and-run accident may seem, you can file a claim for your Michigan hit-and-run case and recover compensation for the damages you suffered. In these cases, your best chance of winning your case and recovering the compensation you need is to work with an experienced and winning Michigan hit and run lawyer.

What Are the Michigan Hit-and-Run Laws?

Michigan requires all drivers to stop and remain at the scene of an accident until law enforcement arrives. Therefore, a hit-and-run incident in Michigan is considered a crime and can carry severe consequences if the driver is apprehended.

• If the hit-and-run only involved property damage to another person’s vehicle, the punishment is up to 90 days in jail and up to a $100 fine.
• If the hit-and-run resulted in injury to another person, the punishment is up to one year in prison, up to a $1,000 fine, and suspension of their driver’s license.
• If the hit-and-run involved a very serious injury or a death, the at-fault driver who fled the scene can face up to 15 years in prison and up to a $10,000 fine.
• If someone else who was involved in the accident fled the scene, even if they weren’t at fault, they could face up to five years in jail and up to a $5,000 fine. MCL 257.617.

What is a Hit and Run?

A hit-and-run car accident is defined as an incident where the at-fault driver who causes a motor vehicle accident flees the scene, and the vehicle and driver cannot be identified. There are many reasons why a driver might leave the scene of an accident, such as:

• The driver feared the consequences
• The driver was driving without a license
• The driver was operating someone else’s car without their permission
• The driver was operating a stolen car
• The driver did not want to deal with the police
• The driver has a criminal record and is worried they will get arrested
• The driver is scared of losing their license
• The driver was driving for work and was scared they would lose their job
• The driver was distracted
• The driver was under the influence of drugs or alcohol

How Do You Prove a Michigan Hit and Run?

The person injured by a hit-and-run driver still must prove their case to obtain pain and suffering compensation. This is referred to as the burden of proof. To successfully win a hit-and-run case, you must prove:

• There was physical contact with the hit-and-run vehicle.
• The defendant (the person who fled) was at fault for the accident
• The accident resulted in harm or injuries to another person

If you are the person injured, even if it seems apparent that you were in an accident and severely damaged, you still carry the burden of providing sufficient evidence to prove what happened. And understandably, this cannot be easy when the at-fault driver has fled the scene.

In these cases, you will need to work with a hit and run lawyer who can help investigate the case to determine what happened, who the at-fault driver was, and to obtain any other proof needed for a hit and run.

Evidence a Hit and Run Lawyer Can Help You Collect to Prove Your Case

While your lawyer can help you obtain evidence, immediately following the accident, you should try to collect as much evidence as you can.

For example, you should grab a photo or video of the other driver and their car before they get away. Speak with any witnesses who may have seen who hit you and ask if they have any information, photos, or videos of the crash.

Evidence that you and your attorney can work together to try to collect to support your case includes:

• Photos and videos of the scene and the driver/car that fled the scene
• Video surveillance footage from nearby businesses that might have captured what happened
• Witness statements
• Circumstantial evidence, like tire marks on the street that could match the defendant’s car
• Parts of the defendant’s car that might have broken off and been left at the scene
• Accident reconstruction reports that can show a diagram of what likely happened
• Police reports

Who Pays for a Hit-and-Run Car Accident

Because the at-fault driver cannot be identified, it can be confusing as to who pays for the injuries from a hit-and-run accident in Michigan. The answer to this question can be divided into two parts.

First-Party PIP Claim:

A hit-and-run case is treated the same as a typical car accident for purposes of obtaining first-party PIP benefits. Your own auto insurance will pay medical bills, lost wages, and household chores. This occurs even if your own vehicle was not involved in the crash. If you don’t have auto insurance, then the auto insurance of a resident relative must cover the claim.

If there is no auto insurance in the household, then an injured person can file a claim through the Michigan Assigned Claims Plan (MACP). After completing and submitting an Application for Benefits, the MACP will then assign an insurance company – like Nationwide or Allstate – to pay the claim.

Unlike a claim for pain suffering, physical contact with the hit-and-run vehicle is not required.

Pain and Suffering Claim:

Obviously, you cannot sue a person who disappears without a trace from the scene of a car accident. But the law does provide a remedy.

In cases of a hit-and-run, a car owner can turn to their own car insurance policy, or the car insurance for the vehicle the injured person occupied, for the payment of pain and suffering, emotional distress, scars, and even wrongful death. However, the injured person, or the vehicle they were occupying at the time of the crash, must have uninsured-motorist coverage, also known as UM coverage.

UM coverage is not mandatory in Michigan. However, it is usually inexpensive, and our hit-and-run lawyers strongly suggest you purchase this coverage. After all, as many as 25% of drivers in Michigan do not have any car insurance.

If you are covered under a UM uninsured motorist policy, that insurance company steps into the shoes of the hit-and-run driver. Finding this insurance can be challenging, and many people are unaware they have it. Contact an experienced Michigan hit-and-run lawyer to find out your rights.

What Are Some Requirements for Making a Hit-and-Run Injury Claim

Insurance companies dislike hit-and-run accidents because they suspect the accident may be fraudulent or a setup. As a result, most insurance policies have the following requirements to obtain uninsured motorist (UM) benefits:

• Physical contact must be made with the striking hit-and-run vehicle. In other words, there must be physical contact between your car and the hit-and-run vehicle, or some part attached to the vehicle, to be eligible for a UM claim.
• A police report must be made within 24 hours of the crash. If a report cannot be made for some reason, the claimant must make a reasonable effort to create a police report.
• Proof that the hit-and-run vehicle was involved in the crash. Car damage and a police report are great evidence.

The Best Michigan Hit-and-Run Accident Lawyers

If you or a loved one has been involved in a hit-and-run accident, contact our team of Michigan hit-and-run lawyers as soon as possible. Time can make all the difference in these cases. The sooner our team of lawyers and investigators can begin working on your case, the easier it will be to investigate and gather the necessary evidence. This will lead to a higher settlement amount.

Call us at 1-800-LEE-FREE (1-800-533-3733) to speak with an experienced hit and run lawyer. You’ll pay nothing until we settle your hit-and-run case.