Injured in a Crash with an Uninsured Driver in Michigan? Here’s What You Can Do
June 12, 2025
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.
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Living in Michigan, you may have heard of the term "no-fault insurance" when it comes to car accidents and personal injury. But what exactly does it mean, and how do you know which plan is right for you? With Gergely Law Offices by your side, we can help guide you through the process and provide valuable insights into choosing the best plan for your needs. Understanding No-Fault Insurance in Michigan No-fault insurance is a type of coverage that pays for medical expenses, lost wages, and other damages regardless of who is at fault in a car accident. In Michigan, all drivers are required to carry no fault-insurance as part of their auto policy. This means that if you are injured in a car accident, your own insurance company will pay for your medical bills and other related expenses, regardless of who caused the accident. Types of No-Fault Insurance Plans There are several different types of no fault insurance plans available in Michigan, each offering varying levels of coverage and benefits. Some plans may offer higher limits for medical expenses or include additional benefits such as wage loss coverage or attendant care services. It's important to carefully review each plan and consider your individual needs before making a decision. Factors to Consider When Choosing a Plan When selecting a no-fault insurance plan in Michigan, there are several key factors to consider. These include the cost of the plan, the level of coverage provided, any exclusions or limitations within the policy, and whether additional benefits such as wage loss coverage or attendant care services are included. It's also important to review the reputation and financial stability of the insurance company offering the plan. How Gergely Law Offices Can Help Navigating the complexities of no-fault insurance can be overwhelming, especially if you're dealing with a personal injury matter. That's where Gergely Law Offices comes in. Our team of experienced attorneys can assist you with understanding your rights under Michigan's no-fault insurance laws. We can help you evaluate your options, negotiate with insurance companies on your behalf, and ensure that you receive fair compensation for your injuries. Making an Informed Decision Choosing the right no-fault insurance plan in Michigan is an important decision that can have long-lasting implications for your financial well-being in case of an accident or injury. By working with Gergely Law Offices, you can rest assured that you have a dedicated legal team on your side to help you navigate through the complexities of no fault insurance and make informed decisions that protect your rights and best interests. When it comes to selecting a no-fault insurance plan in Michigan, it's essential to understand your options and choose a plan that meets your individual needs. With Gergely Law Offices by your side, you can feel confident knowing that you have knowledgeable attorneys advocating for your rights and seeking that you receive fair compensation in case of an accident or personal injury. Don't wait until it's too late – contact us today to schedule a consultation and start exploring your options for finding the right no-fault insurance plan for you.
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Even people who have never been to law school have heard the word negligence. Most of them understand what it means. Negligence is another way of saying that somebody didn’t behave the way they should have and, as a result, somebody else was hurt. As familiar as someone may be with the term, they probably don’t know what it really means, not from a legal perspective. And why should they? Your SW Michigan motorcycle accident lawyer knows exactly what the term means. They also know it’s a lot harder to prove negligence than many people would think. Just because you’re in a motorcycle accident, that doesn’t mean you’re automatically entitled to a ton of money. In order to get you any money at all, your Kalamazoo motorcycle accident lawyer has to prove two things in order to win your case. First, they have to prove that the defendant was responsible for your accident. The second thing they need to do is prove that you suffered damages. It’s not enough to say that you were in a horrific motorcycle crash. Your Kalamazoo motorcycle accident lawyer has to prove a lot more than that if you’re going to be compensated for your injuries. What is Negligence and How Can Your SW Michigan Motorcycle Accident Lawyer Prove It? As mentioned earlier, negligence is when somebody doesn’t act the way a reasonable person would have given the same circumstances. For example, if a doctor notices that their patient is displaying symptoms of an illness, they should run the necessary tests to diagnose their illness. That’s what’s expected of a licensed physician. If, instead of doing this, a doctor sends the patient home and tells them to take a few aspirin, he could be found negligent. If that same patient dies from a heart attack that night, it’s not a far stretch to point to the doctor. Had they done the necessary tests, like a normal doctor would, they probably could’ve prevented the heart attack. In a motorcycle accident, it’s a little different. However, it’s still negligence. Your Kalamazoo motorcycle accident lawyer will have to prove the following: The other driver owed you a duty of care – All motorists owe a duty to other drivers. At a minimum, they’re expected to follow all traffic laws. The defendant breached their duty of care – Your Kalamazoo motorcycle accident lawyer has to show that the other driver didn’t behave the way a reasonable driver would have. For example, if they are speeding, they aren’t following the speed limit. That would constitute a breach of duty. You were hurt – It isn’t enough that you’re involved in a motorcycle accident. Your Kalamazoo motorcycle accident lawyer has to show that you actually suffered some sort of injury. This could be a physical injury. But it could also be things like lost wages, property damages or medical bills. Your injuries were caused by the defendant’s breach of duty – You also have to show that your injuries (losses) were caused by the defendant’s actions. For example, imagine you sue the defendant for damage to your motorcycle. If the defendant’s lawyer can prove the damage was there before the crash, you won’t be able to recover damages. What Happens if You’re Partially at Fault? It’s important to keep in mind that it’s very rare for any one driver to be 100% at fault in a motorcycle crash. Even if the other driver caused the crash, you may have done something that contributed to the accident. Maybe you were going a few miles above the speed limit when the defendant rear-ended you. Or perhaps your brake light was out, and the other driver didn’t see you coming to a stop. Some car accident victims fear that this could prevent them from collecting damages. That isn’t necessarily true. This is because Michigan follows the comparative negligence rule. As long as you’re less than 51% at fault, you can still demand compensation. However, your damages will be reduced by your percentage of fault. So, if your damages are $100,000 and you’re 20% at fault, your damages will be reduced by 20%. Reach Out to an Experienced SW Michigan Motorcycle Accident Lawyer Right Away If you’re hurt in a motorcycle accident, it’s a good idea to contact an experienced motorcycle accident lawyer in Kalamazoo, MI. This way, they can worry about proving negligence while you focus on getting better. Call our office and schedule your free, initial consultation today.
After a car accident leaves you with injuries and damages that weren’t your fault, you could choose to file a claim against the person or party responsible for your damages. Hiring a car accident lawyer to represent you by fully investigating what happened and building a strong case would benefit you and ensure that you don’t have to take on the legal process alone. If your crash happened in Kalamazoo or SW Michigan, then Gergley Law Offices, P.C. would be able to take your case and help you get the compensation that you deserve. Those injuries and damages that you incurred from the accident are the foundation of your car accident claim and why you’re seeking compensation, but there are many other factors that go into how much a full and fair settlement would be for you. Let’s take a look at the top 25 factors that can affect your car accident settlement. Who Was at Fault? Fault is one of the most important aspects of your car accident claim. Your case will hinge upon proving the responsible party’s negligence, or anything else they did that caused the accident. Here are some factors regarding fault that can affect your car accident settlement amount: What percentage was the other party at fault? Was the at-fault party drinking or on drugs? What percentage, if any, were you at fault? Is the party at fault a person or an entity, like a company? Did a defective product cause the accident? What Actions Were Taken? Immediately after an accident, there are some key things that should be done in order to get everyone the help that they need, or so that you can gather evidence to help prove what happened. When you follow the proper steps in reporting an accident and getting medical care, it makes your case stronger. When you don’t take any action immediately following your accident, however, it can lessen your settlement amount. Here are some factors from right after an accident happens that can affect your settlement amount: Were emergency services called so that police could arrive on the scene? Did the police make a report of the scene? Did you ask any witnesses for their information to give a testimony about what they saw? Did you speak objectively to the police? Did you take photos of the scene? Did you seek medical attention? Did you follow your doctor’s treatment plan? Did you seek mental health services for emotional injuries? Did you file an insurance claim? What Costs Did You Incur? The bulk of the calculation of your settlement amount focuses on the costs that the accident directly caused for you. If you suffered from an injury and went to the hospital, or got property damage repaired, you should keep the receipts and paperwork so that you have proof of those costs. Your car accident lawyer will compile all of your bills, costs, and lost wages to figure out what a full and fair settlement would be for you. Here are some of the different financial factors that will affect your settlement: Do you have copies of your medical bills? Did you attend all of your doctors’ visits and keep the bill from them? Did you fill and refill your prescription? Are you permanently or partially disabled from the injury? Do you have the receipt from fixing any property damage? Have you been missing work because of your injury? Do you have people, other than yourself, to support financially? Other Factors That Affect Your Settlement Every aspect of your life prior to the accident, and every choice you made after the accident has the potential to affect your case and your subsequent settlement from the claim. Here are some of the other factors that can affect your settlement from your car accident claim: Are you married? Do you have children or other dependents? Do you have car insurance and uninsured motorist coverage? Did you hire a car accident lawyer? Hire Gergley Law Offices, P.C. to Represent You When you’ve been involved in a car accident that wasn’t your fault, and you incurred injuries that require medical treatment, or damages that need to be repaired, you shouldn’t be responsible for paying those costs. That’s why hiring a Kalamazoo/SW Michigan car accident attorney from Gergley Law Offices, P.C. will benefit you. With our legal help, you’ll be able to feel confident in your case. We’ll handle the legal side of things so you can focus on what matters—healing and getting back to your normal life.Contact us today so we can start discussing your potential claim.