Hit-and-run crash claims in Michigan

Your no-fault benefits are unaffected

Michigan PIP is paid without regard to fault, so a missing driver does not change what you can claim. You receive medical care up to your policy’s PIP level, wage loss at 85% of gross pay up to the monthly cap for your crash date, replacement services up to $20 a day and medical mileage.

The insurer that pays is decided by the normal priority rules. If you were in a car or hit while walking or cycling, the first stop is your own auto policy, or the policy of a spouse or relative you live with. See which insurer pays.

When no policy applies

MCL 500.3172 lets you claim through the Michigan Assigned Claims Plan when no PIP applies to your injury or no applicable PIP can be identified. A hit-and-run with no household policy is a common example. The plan assigns your claim to an insurer. Medical benefits through the plan are capped at $250,000. A person who owned an uninsured vehicle involved in the crash is generally barred; see if you were uninsured.

Uninsured motorist coverage pays for what PIP does not

PIP never pays for pain and suffering. Normally you would sue the at-fault driver for that, but you cannot sue someone who cannot be found. Uninsured motorist (UM) coverage fills the gap: your own insurer stands in for the missing driver and pays what that driver would have owed you. Most policies define an “uninsured motor vehicle” to include a hit-and-run vehicle whose owner and driver are unknown.

UM is optional in Michigan. In Rory v Continental Insurance (2005) the Michigan Supreme Court said it is not required by the no-fault act, so the rights and limits are whatever your policy says. That has three practical effects:

• Contact rules. Many UM policies cover a hit-and-run only if the unidentified vehicle made physical contact. In McJimpson v Auto Club Group (2016) the Court of Appeals enforced a policy requiring “direct physical contact” and denied coverage where a piece of metal from an unidentified semi-truck, not the truck itself, struck the insured’s car. Some policy wording is broader and covers indirect contact, such as a fleeing car pushing another vehicle into yours. The exact words matter.
• Reporting rules. Policies commonly require you to report a hit-and-run to police and to the insurer promptly. Some set a specific number of hours or days.
• Short lawsuit deadlines. A UM policy may require suit within a period shorter than the three-year statute for negligence claims, and Rory holds such a clause enforceable.

You must still prove the missing driver was at fault and that your injuries meet Michigan’s serious impairment threshold. Your own insurer becomes your opponent on those questions. More on these claims: uninsured and underinsured drivers.

If the driver is found

If police identify the driver, you can sue that driver directly within three years of the crash. Fleeing the scene is strong evidence on fault. If the driver turns out to be uninsured or carries low limits, your UM or underinsured coverage may still apply.

Damage to your car is a separate claim. Your own collision coverage is the usual source; the mini-tort claim for up to $3,000 runs against a driver who can be identified.

What to do now

• Call police and get a report number, even if you feel fine.
• Write down anything you saw: color, make, damage, partial plate, direction of travel.
• Ask nearby businesses and homeowners to keep camera footage. Many systems overwrite within days.
• Notify your insurer of both the PIP claim and a possible UM claim in writing.
• Get your full policy, not only the declarations page, so the UM wording can be read.

Contact us and we will read your policy and tell you what it covers.

Sources: MCL 500.3107; MCL 500.3114; MCL 500.3145; MCL 500.3172; Rory v Continental Insurance Co (Mich, July 28, 2005); McJimpson v Auto Club Group Insurance Co (Mich App No. 320671, 2016); MCL 500.3135; MCL 600.5805.