Many people mistakenly believe that victims suffering from hit-and-run accident injuries are stuck paying their own medical bills and have no recourse for the income they’ve lost during recovery or for the permanent changes to their lives, such as disabilities.
They may have been told that if the at-fault driver can’t be identified that there’s no insurance company to sue, or that it can’t be proved that the driver didn’t have insurance, therefore uninsured motorist coverage doesn’t apply. But the truth is that an accident victim can receive compensation for their injuries and associated losses regardless of whether the at-fault driver can be identified.
In Michigan, victims of hit-and-run accident injuries are protected against medical costs and other economic losses under the state’s no-fault insurance laws. This is true even if the victim doesn’t have an insurance policy themselves. An accident injury victim without insurance, assuming he or she wasn’t driving an uninsured vehicle they owned at the time of the accident, can file a claim on one of the following:
The Michigan Assigned Claims Facility assigns an insurer to cover injuries of someone eligible for no-fault benefits but is not covered by any insurance policy
However, no-fault insurance benefits are limited. While Michigan no-fault insurance will cover all medical expenses related to hit-and-run accident injuries for as long as the victim suffers from them, there are limits to how much loss of income or replacement services it will cover and it will not cover any non-economic losses, such as compensation for pain and suffering or loss of consortium.
To cover excess economic losses beyond those paid by no-fault insurance or to receive compensation for pain and suffering or similar damages, the victims of hit-and-run accident injuries will have to file a claim on an Uninsured Motorist policy. However, in order to file such a claim, there must be a policy that the victim qualifies on, either their own policy, the policy of the driver of the car they were riding in or the policy covering the car they were driving. There is no state agency, like the Michigan Assigned Claims Facility, that assigns an insurer to provide uninsured motorist coverage to accident victims without a policy.
This is one of the reasons the personal injury attorneys at Sachs Waldman, P.C.; highly recommend that every motorist add Uninsured/Underinsured Motorist Coverage to their no-fault insurance policy. While no one likes to pay the extra premium, if you or a loved one covered by the policy are ever seriously injured in a hit-and-run accident, the premiums will more than pay for themselves as the stress and financial strain you experience while injured will be significantly reduced.
We’ve seen estimates suggesting that as many as one in every ten accidents in Michigan is a hit-and-run accident. In metropolitan areas, like Detroit, where many people often drive with no insurance coverage at all, hit-and-runs are even more prominent. It is very unwise in this day and age not to have Uninsured/Underinsured Motorist Coverage.
While Michigan law requires insurance companies to honor no-fault and uninsured motorist claims in the event of hit-and-run accident injuries, they often try to fight claims or offer settlements much lower than the victim is truly entitled to. However, a personal injury and car accident attorney from Sachs Waldman, P.C., can help you fight back and ensure you receive appropriate compensation and benefits for your injuries and associated damages.
Call our Detroit personal injury attorneys’ office at 1-800-638-6722 to schedule a free consultation.
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