Injured in a Crash with an Uninsured Driver in Michigan? Here’s What You Can Do
Injured in a Crash with an Uninsured Driver in Michigan? Here’s What You Can Do
Being involved in a car accident is distressing under any circumstance. However, discovering that the at-fault driver lacks insurance can amplify the stress and uncertainty. In Michigan, where approximately 20% of drivers are uninsured , it's crucial to understand your rights and options if you find yourself in such a situation.
Understanding Michigan's No-Fault Insurance System
Michigan operates under a no-fault insurance system. This means that, regardless of who is at fault in an accident, your own insurance company is responsible for covering your medical expenses, lost wages, and other related costs through Personal Injury Protection (PIP) benefits. However, PIP benefits have limits, and certain damages may not be covered.
Steps to Take After an Accident with an Uninsured Driver
- Ensure Safety and Seek Medical Attention: Your health and safety are paramount. Call 911 if necessary and seek medical attention immediately.
- Document the Accident Scene: Gather as much information as possible. This includes:
- Photographs of the accident scene, vehicle damages, and any visible injuries.
- Contact information of the other driver, even if they lack insurance.
- Contact details of any witnesses.
- File a Police Report: It's essential to have an official record of the incident, especially when dealing with uninsured drivers.
- Notify Your Insurance Company: Inform your insurer about the accident promptly. Delays can complicate the claims process.
Exploring Compensation Options
1. Personal Injury Protection (PIP) Benefits
Under Michigan's no-fault system, your PIP coverage will handle:
- Medical expenses.
- Lost wages.
- Replacement services (e.g., household chores you can't perform due to injuries).
However, PIP does not cover pain and suffering or damages exceeding your policy limits.
2. Uninsured Motorist (UM) Coverage
If you have UM coverage as part of your auto insurance policy, it can compensate for:
- Pain and suffering.
- Excess medical expenses not covered by PIP.
- Other non-economic damages.
UM coverage is optional in Michigan but highly recommended due to the high rate of uninsured drivers .
3. Suing the Uninsured Driver
You have the right to file a lawsuit against the at-fault uninsured driver for damages not covered by your insurance. However, collecting compensation can be challenging if the driver lacks assets or financial resources.
4. Michigan Assigned Claims Plan (MACP)
If you don't have auto insurance, you might be eligible for benefits through the MACP. This program provides limited PIP benefits to individuals injured in accidents involving uninsured drivers .
Why Legal Assistance is Crucial
Navigating the complexities of Michigan's no-fault system, especially when dealing with uninsured drivers, can be daunting. An experienced attorney can help:
- Evaluate your insurance policies for applicable coverages.
- Guide you through the claims process.
- Represent you in potential lawsuits against the at-fault driver.
- Ensure you receive the maximum compensation available.
Contact Gergely Law Offices, P.C.
At Gergely Law Offices, P.C., we have a proven track record of assisting clients in Kalamazoo and throughout Michigan with auto accident claims, including those involving uninsured drivers. Our team is dedicated to ensuring you receive the compensation you deserve.
