A pedestrian or cyclist hit by a car in Michigan gets no-fault benefits from an auto policy in their own household, or, if there is none, from the Michigan Assigned Claims Plan. Fault does not affect those benefits. If your injuries meet the threshold, you can also sue the driver for pain and suffering and for losses PIP did not pay.
Your no-fault benefits
A pedestrian or cyclist hit by a motor vehicle is covered by no-fault. The first source of benefits is usually an auto policy in your own household: yours, your spouse’s or a resident relative’s (MCL 500.3114(1)). That gives you the same benefits as a driver: medical care, wage loss, attendant care and household help. Wage loss is 85% of gross pay up to $7,455 a month for accidents from October 1, 2026 through September 30, 2027, and household help is up to $20 a day.
Without a household policy, you can usually apply to the Michigan Assigned Claims Plan. The one-year notice deadline applies either way.
What changed in 2019
Before the 2019 reform, a pedestrian or cyclist with no household policy claimed from the insurer of the car that hit them. For crashes after the reform, MCL 500.3115 sends that person to the assigned claims plan instead. Its full text now reads that a person injured “while not an occupant of a motor vehicle shall claim personal protection insurance benefits under the assigned claims plan,” except where a household policy applies under section 3114(1).
That matters because MACP medical benefits are limited to $250,000 for crashes after July 1, 2020, and the plan reduces benefits by amounts available from other sources. The driver’s own insurer is no longer in line for your PIP. See the Michigan Assigned Claims Plan and which insurer pays.
If your household policy has a low PIP limit
Since July 2020, drivers can choose PIP medical limits below unlimited. If your household policy has a $250,000 or lower limit and your care costs more, the driver who hit you can be sued for the excess. See excess medical and wage claims.
Rules drivers must follow around pedestrians
- Green lights and arrows. Drivers going straight or turning on green must yield to pedestrians and bicyclists lawfully in the intersection or an adjacent crosswalk (MCL 257.612(1)(a) and (d)).
- Right on red. After stopping, a driver turning right on red must yield to pedestrians and bicyclists lawfully in an adjacent crosswalk (MCL 257.612(1)(c)).
- Wheelchairs and walking aids. A driver approaching a person using a wheelchair or walking aid at a crosswalk must take the precautions necessary to avoid an accident or injury (MCL 257.612(4)).
- Unsignaled crosswalks. Under the Uniform Traffic Code, which many Michigan cities and townships have adopted by ordinance, where signals are not in place or not working, a driver must yield to a pedestrian in a crosswalk, and may not pass a vehicle stopped to let a pedestrian cross (Mich Admin Code R 28.1702 and 28.1703). Check the local code where the crash happened.
Rules for pedestrians
Where there is a sidewalk, pedestrians may not walk on the main traveled part of the road. Where there is none, they must walk on the left side, facing traffic, when practicable (MCL 257.655). Under the Uniform Traffic Code, a pedestrian may not suddenly leave a curb into the path of a car too close to stop. A violation of these rules does not end your claim. It is evidence of comparative fault, weighed against the driver’s own duty to watch the road.
Rules for cyclists and drivers passing them
A person riding a bicycle on a roadway has all the rights and duties of a driver, except where the vehicle code sets special rules (MCL 257.657). The key rules:
- The 3-foot passing law. MCL 257.636(2) reads: “The driver of a motor vehicle overtaking a bicycle proceeding in the same direction shall pass at a safe distance of at least 3 feet to the left of that bicycle or, if it is impracticable to pass the bicycle at a distance of 3 feet to the left, at a safe distance to the left of that bicycle at a safe speed, and when safely clear of the overtaken bicycle shall take up a position as near the right-hand edge of the main traveled portion of the highway as is practicable.”
- Lane position. A cyclist going slower than traffic must ride as close as practicable to the right edge, except when passing, turning left, avoiding hazards, in a lane too narrow to share, going straight past a right-turn lane, or on certain one-way streets (MCL 257.660a).
- Riding abreast. No more than two abreast, except on paths set aside for bicycles (MCL 257.660b).
- Lights at night. From 30 minutes after sunset to 30 minutes before sunrise, a bike needs a white front lamp visible from 500 feet and a red rear reflector (MCL 257.662). A red rear lamp may be added.
E-bikes
Michigan defines an electric bicycle as one with a seat, working pedals and a motor of no more than 750 watts, in one of three classes (MCL 257.13e):
| Class | How the motor works | Assisted top speed |
|---|---|---|
| Class 1 | Only while pedaling | 20 mph |
| Class 2 | With or without pedaling; cuts out when braking | 20 mph |
| Class 3 | Only while pedaling | 28 mph |
The no-fault act excludes electric bicycles from the definition of “motor vehicle” (MCL 500.3101), so an e-bike rider hit by a car is treated as a non-occupant, like any cyclist. E-bikes may use any part of a road open to bicycles. A class 3 e-bike may not be operated by anyone under 14, and riders under 18 on a class 3 must wear a bicycle helmet (MCL 257.662a). A bike modified past 750 watts or the class speed limits is no longer an e-bike under the statute, and that can change the insurance analysis.
The claim against the driver
Pedestrians and cyclists are badly hurt even in low-speed crashes. Where the serious impairment threshold is met, you can claim pain and suffering, medical costs above your PIP limit and excess wage loss from the driver. Fault is often disputed: the driver says you were outside a crosswalk, or riding at night without a light. We collect video, scene measurements and witness accounts early, before they disappear.
Shared fault reduces your damages by your percentage. You lose pain and suffering only if you were more than 50% at fault (see comparative fault). Children, people walking at dusk and cyclists in a lane they were entitled to use are often blamed unfairly.
Hit-and-run crashes
A driver who knows they were in a crash must stop and stay at the scene. Leaving a crash that causes serious impairment or death is a felony (MCL 257.617). If the driver is never found, your no-fault benefits come the same way: a household policy or the assigned claims plan. For pain and suffering, look to your own uninsured motorist coverage, which may cover you on foot or on a bike depending on its terms. Report the crash to police promptly and check your policy for its own reporting deadline. See hit-and-run crashes and uninsured and underinsured drivers.
Where these crashes happen in Oakland County
Wide, fast arterial roads with long gaps between crossings, such as Woodward Avenue and Telegraph Road, can be especially dangerous for people on foot. Crash data from the Michigan State Police and SEMCOG can show whether a location has a history the driver should have anticipated.
One year for PIP, three years to sue. Notice of your no-fault claim must reach an insurer, or the assigned claims plan, within one year of the crash. A lawsuit against the driver must be filed within three years (MCL 600.5805). Use the deadline calculator.
By city
We handle pedestrian and bicycle crash claims across metro Detroit and the rest of Michigan. Local courts, police agencies and 2024 crash numbers for the cities where we see the most cases:
- Detroit
- Warren
- Sterling Heights
- Ann Arbor
- Dearborn
- Livonia
- Clinton Township
- Canton Township
- Troy
- Westland
- Farmington Hills
- Southfield
See all locations we serve, or contact us for a free review.
Sources: MCL 500.3101; MCL 500.3114(1); MCL 500.3115; MCL 500.3135; MCL 257.13e; MCL 257.612; MCL 257.617; MCL 257.636(2); MCL 257.655; MCL 257.657; MCL 257.660a; MCL 257.660b; MCL 257.662; MCL 257.662a; Mich Admin Code R 28.1702 and 28.1703; MCL 600.2959; MCL 600.5805; 2019 PA 21.
Questions people ask us
I was hit by a car while walking and I do not own a car. Do I get no-fault benefits?
Yes. If someone in your household has auto insurance, that policy usually pays. If no one does, you can usually apply through the Michigan Assigned Claims Plan, where medical benefits are limited to $250,000.
Can I sue the driver who hit me on my bike?
Yes, if your injuries meet Michigan’s threshold. Drivers owe cyclists the same care they owe other vehicles, and Michigan law requires drivers to give at least three feet when passing a bicycle, or a safe distance where three feet is impracticable.
I was crossing outside a crosswalk. Can I still recover?
Often, yes. Crossing mid-block may make you partly at fault, which reduces your damages by your share. You lose pain and suffering only if you were more than 50% at fault, and your no-fault benefits are not affected by fault at all.
Is an e-bike rider treated like a cyclist?
Yes, for no-fault purposes. Michigan’s no-fault act excludes electric bicycles from the definition of a motor vehicle, so an e-bike rider hit by a car claims PIP the same way a cyclist does. The vehicle code gives e-bike riders the rights and duties of other road users.
The driver who hit me drove off. What can I do?
Report it to police right away. You still get no-fault benefits from your household policy or the assigned claims plan. For pain and suffering, your own uninsured motorist coverage may pay if your policy includes it.