In Michigan, all drivers must have auto insurance that includes personal injury protection, property protection, and residual bodily injury and property damage liability. But what happens if you get into an accident with a driver who doesn’t have insurance?
You may think that the other driver not having insurance will impact your ability to recover compensation for your injuries. Or you may think that it doesn’t matter because Michigan has a no-fault auto insurance system. But the reality is somewhere in between.
Understanding what to do after getting in a car accident with an uninsured driver can be crucial for recovering the full compensation you need and deserve.
Michigan’s No-Fault Auto Insurance System
Under Michigan’s no-fault auto insurance system, drivers file insurance claims for bodily injury with their own provider. The personal injury protection (PIP) part of your auto insurance policy covers several things including your medical expenses, household services, medical mileage, occupational retraining, attendant care lost wages up to your policy limit. Regardless of whether the other driver has insurance, you can file a PIP claim as long as you are a Michigan resident.
While your PIP policy can cover some of your expenses after an accident, if your injuries are severe, the other driver’s lack of insurance is still an issue. If the other driver has no insurance, and if you purchased optional uninsured motorist (UM) coverage as part of your policy, you can use this policy to cover medical expenses in excess of your PIP coverage (up to the limits of your UM policy). If the other driver has minimal insurance that is insufficient to provide compensation for your pain and suffering, you may also be able to turn to additional coverage under your own policy known as Underinsured Motorist Coverage (UIM). It is critical that you do NOT accept any settlement offer from the negligent driver without consulting an attorney, as acceptance may void additional coverages under your own insurance policy.
Steps to Take After an Accident with an Uninsured Motorist
If your insurance policy doesn’t cover all your expenses, you may have to file a lawsuit against the at-fault driver to recover further compensation. To protect your legal rights, you should take the following steps after an accident with an uninsured driver:
- Contact the Police – A police report that provides an objective account of the incident and the other driver’s lack of auto insurance that can be important for your future lawsuit. Typically, the report itself isn’t admissible as evidence, but your attorney may be able to build upon specific items found within the report.
- Collect Contact Information – Getting the other driver’s name and contact information is critical. This information should be in the police report, but it’s also a good idea to get it directly. You will need this information to file your lawsuit.
- File a PIP Insurance Claim – It’s important that you still file your PIP insurance claim as soon as possible. This may provide you with some much-needed medical expense coverage.
- Contact a Car Accident Lawyer – Contacting an experienced car accident lawyer early on can make your personal injury lawsuit go smoother. A lawyer can investigate the accident and help you build a strong case against the at-fault driver. If the driver doesn’t have many assets to target through a lawsuit, your lawyer may be able to identify other liable parties, as well.
Michigan Car Accident Injury Attorneys
If you suffered an injury in an accident with an uninsured/underinsured driver in Michigan, contact Atnip & Associates for a free consultation about your case. Our attorneys can help you make the most of a bad situation.
