Who Can I Sue if I was In A Hit and Run Accident?

Getting involved in a car or truck crash in Michigan is always a frightening experience. The frustration intensifies when the other car speeds away from the scene. In a situation like this, where the at-fault driver is a hit-and-run driver, what can be done about getting compensation? A lot can be done. Read below to learn more about the rules and laws regarding hit-and-run crashes in Michigan.

How Many Uninsured Drivers are there in Michigan?

This is an important question, especially when you consider the vast number of uninsured drivers operating on Michigan roadways. By some estimates, at least 20% of car owners in Michigan do not carry mandatory auto insurance. In cities such as Detroit, Flint, and Saginaw, these numbers are even higher. Drivers will purchase insurance so they can leave the car lot with their car, but fail to make subsequent payments. Eventually, the insurance policies lapse, and the person is driving an uninsured vehicle.

With so many uninsured drivers, the issue of getting compensation for injuries resulting from a hit-and-run driver is even more critical.

Michigan No-Fault Law and Michigan Car Accident Law

First, a little discussion about the Michigan no-fault law and Michigan car accident law in general. When a person is injured in a car or truck accident, benefits such as the payment of medical bills, lost wages, medications, and other items are covered by your own car insurance company. So even if a hit-and-run driver causes a crash, your own insurance company pays for these benefits anyway.

If you don’t maintain car insurance, most of the time you can still make a claim through the insurance carrier of a relative you live with. If you don’t live with a relative who maintains car insurance, you can go through the Michigan Assigned Claims Plan (MACP). After completing an application for benefits, the MACP will assign a car insurance company to pay your claim.

However, this applies only to Michigan no-fault benefits. What about claims for pain and suffering compensation involving a hit-and-run driver? Who pays for that? Before we proceed, we need to define what constitutes a hit-and-run vehicle.

What Is A Hit And Run Vehicle?

Under most insurance policies, a hit-and-run is when the operator and owner of the vehicle that causes an accident can’t be identified. In other words, the license plate number and the identity of the vehicle involved in causing the car wreck are unknown.

This may sound easy enough to understand, but it is more complicated than it seems. For example, suppose a person is rear-ended by a big truck that takes off, and the person driving the car is identified. In that case, this will not be considered a hit-and-run situation because the at-fault driver was later identified. The hit-and-run vehicle or driver must be forever unidentified.

What is Uninsured Motorist Coverage?

When a driver purchases auto insurance, they have the opportunity to add uninsured motorist coverage. This is also known as UM or UMBI. It is not mandatory to buy, but given the large number of uninsured drivers, we highly recommend you purchase this coverage. Uninsured motorist coverage is insurance money that is paid by your own auto insurance company for pain and suffering when an uninsured driver, such as a hit-and-run driver, causes injuries.

Essentially, the insurance company steps into the shoes of the hit-and-run driver to compensate for the damages.

Physical Contact is Usually Required to Make an Uninsured Motorist Claim

Most insurance companies require physical contact with the hit-and-run vehicle to qualify for UM benefits. For example, if you get run off the roadway by a car, but did not have actual physical contact with that car, in most situations you cannot make a claim for uninsured motorist benefits when the negligent vehicle left the scene and cannot be identified. Insurance carriers have this requirement to guard against fraud. They don’t want individuals making UM claims and getting compensated by intentionally running themselves off the road and into a brick wall.

All uninsured motorist policies have specific requirements that must be met for a claim to be valid. For example, most require that the police be called within 24 hours of the crash. If this requirement is not met, then the insurance company doesn't have to pay out money for pain and suffering. These requirements are spelled out in the car insurance policy itself, so it’s essential to read this section of your insurance policy to educate yourself on the requirements. But most policies have the same rules.

Who Can I Sue if I’m Injured in a Michigan Hit-and-Run Accident?

This takes us back to the original question. Who can I sue if I’m injured in a Michigan hit-and-run This takes us back to the original question. Who can I sue if I’m injured in a Michigan hit-and-run accident? The answer is there are a few different options, including;

• Your own car insurance company if you purchased uninsured motorist (UM) coverage.
• The car insurance company for the vehicle you were occupying in the crash, if that vehicle
• has uninsured motorist coverage.
• The car insurance of a resident relative.

Let’s look at each of these options in order.

Your Own Car Insurance Company

If you have your own car insurance, you can look to your own car insurance company for compensation for pain and suffering following a crash. However, this can occur only if your policy maintains uninsured motorist coverage (UM) on the date of the crash. In Michigan, uninsured motorist coverage is not mandatory. You have to specifically ask for it when purchasing a policy. And given how many uninsured drivers there are in Michigan, every single policyholder in Michigan should buy it.

So how do you know if you have UM coverage? The easiest way is to look at the declaration page of your policy. This is the page with all the numbers on it, which represent the amount of insurance you have for each coverage category. If UM coverage is listed on the declaration page, then you have it. Typically, uninsured motorist coverage will be listed below Personal Injury Protection (PIP) coverage on the declaration page. The phrase “uninsured motorist” will be written out.

An alternative way to discover if you have UM coverage is to contact your insurance agent. They can look this information up and have an answer for you within seconds. If you don’t have it, then you can’t make a claim for UM benefits. You should also think about finding a new insurance agent.

The Insurance Company for the Vehicle You Occupied at the Time of the Crash

Another way to obtain UM coverage and get money for pain and suffering following an accident with a hit-and-run driver is to turn to the insurance carrier of the vehicle you were in when the accident occurred. If the car you were in during the crash has uninsured motorist coverage, then you can make a claim with that auto insurance carrier. This is true even if you have no ownership in the vehicle and have nothing to do with its insurance policy. Under most insurance policies, UM benefits are available for passengers injured in a car accident.

The Insurance Company of a Resident Relative

A third option to obtain UM benefits is by making a claim through a resident relative who purchased UM coverage for their vehicle. Most car insurance policies that carry UM coverage allow for a resident relative access to UM coverage following a crash.

For example, let’s say you are a passenger in a friend’s car that is t-boned by an SUV in Detroit. The SUV takes off, and nobody can identify that vehicle. You don’t own a car, and your friend’s vehicle doesn’t have UM coverage. But you live with Aunt Susie, and she has Progressive Insurance with UM coverage on her brand new Ford Mustang. In most situations, you can make a claim through Aunt Susie’s policy for compensation for your injuries.

Remember, you must reside in the same household and be related to the policyholder (spouse, sibling, parent, or child). Call our Michigan hit-and-run accident injury lawyers with any questions about qualifying for uninsured motorist benefits.

What Are Other Rules to Qualify for Benefits After a Hit-and-Run Crash

Under many policies, a police report has to be made within 24 hours of the accident, or as soon as possible following a crash. If you fail to make a police report in this time frame, you may not be able to make a claim for UM benefits following a Michigan crash. However, you can still make a claim for Michigan no-fault benefits.

Most policies in Michigan also exclude claims for UM benefits if you intentionally try to hurt yourself. Exclusions may also apply if you are injured in a vehicle used for a business purpose, such as a delivery driver or a driver for Uber or Lyft. There are other exclusions as well, all of which are spelled out in the insurance policy.

Experienced Michigan Hit-and-Run Injury Accident Lawyers

The Lee Steinberg Law Firm, P.C., has helped motorists and passengers all over Michigan obtain millions in uninsured motorist benefits. Our hit-and-run accident attorneys are standing by, ready to assist you with your uninsured motorist case.

Please call us at 1-800-LEE-FREE (1-800-533-3733) so we can answer your questions. Or fill out a free case evaluation form. The consultation is always free, and we never charge anything until we win your case.