Any car accident can lead to severe injuries, lasting mental trauma, and costly medical and repair bills. But what if the driver who hit you doesn’t have liability coverage as the law requires?
Michigan’s liability insurance landscape is different from that of many other states. You may be able to pursue some financial relief through your own insurance policy, depending on the specific types of coverage you have.
Michigan’s No-Fault Insurance System
Michigan has been a no-fault state since 1973. This means that every driver must carry personal injury protection (PIP) coverage through their liability insurer. A PIP claim can cover all of the following, regardless of who was at fault for the accident:
- Reasonable medical expenses
- Lost wages of up to three years
- Replacement services, such as occupational therapy
PIP benefits do not include coverage for pain and suffering. You can only pursue money for these intangible losses in court if your injuries meet one of the statutory thresholds:
- The injury impedes important functions that harm your ability to live a “normal life.”
- The injury caused you permanent and serious disfigurement.
Uninsured Motorist Coverage in Michigan
Uninsured motorist (UM) coverage is optional in Michigan. If the driver who caused your injuries doesn’t have liability insurance, having UM coverage allows your insurer to step in and provide benefits in the at-fault driver’s place. You may also be able to file a UM claim for a hit-and-run accident, but this ultimately depends on the terms of your policy.
How To File an Uninsured Motorist Claim in Detroit
To file an uninsured motorist claim, you must work within your policy’s unique requirements and conditions. The process tends to follow these basic steps:
- Initial notification – Many policies set a timeframe for reporting an accident. Your lawyer, or a trusted friend or family member, may handle the initial notification on your behalf if you cannot do so yourself. However, if you will be the one to report the accident, contact your insurer as soon as possible, and follow your lawyer’s advice on what to say to protect your rights.
- Investigation and evidence-gathering – You or your legal team may need to gather evidence to prove that the driver who injured you was uninsured, such as witness statements or police reports. The insurer may also request copies of medical records, bills, or statements showing your estimated lost wages.
- Filing the claim – After your initial report, you or your lawyer must file an uninsured motorist claim with all necessary paperwork.
- Settlement negotiations – If your claim is approved, the insurer may respond with a lowball offer. Your lawyer can negotiate a fair settlement that reflects the true cost of your injuries and losses.
Time Limit To File a Car Accident Lawsuit in Detroit
Your attorney may consider litigation against the responsible driver if your injuries exceed the legal threshold. Under most circumstances, Michigan’s statute of limitations gives you three years from the accident date to file a personal injury lawsuit.
Some exceptions may shorten the time you have to file, such as:
- Accidents involving government vehicles – If your personal injury claim is against the Michigan state government or any of its entities, your lawyer has six months from the accident date to file a written notice declaring their intention to sue. This notice must include information on the nature of your claim.
- Injured minors – If you were under 18 at the time of the accident, you have until your 19th birthday to file a lawsuit.
- Wrongful death – Wrongful death lawsuits must be filed three years from the date of death. This may be different from the accident date.
- Insurance policy provisions – Michigan law gives you one year from the accident date to file a PIP claim. Uninsured motorist claims may also have shorter filing periods.
Contact a Metro Detroit Car Accident Attorney
If you were injured in a car accident in Detroit, let the attorneys of Atnip & Associates, PLLC, fight for the compensation you deserve. Our award-winning team has over 85 years of combined legal experience, and it’s our mission to handle each case as if you were one of our family members. Contact our office for a free consultation.
