Can You Sue an Uninsured Driver in a Michigan Car Accident?

An accident already disrupts your day significantly. If the other driver lacks insurance, that can add frustration and uncertainty about the next steps. At Matz Injury Law, our experienced attorneys understand your need for compensation after a Michigan car accident. The accident may have left you with medical bills, vehicle damage, and other unseen trauma.

Allow us to assist you in obtaining the compensation you deserve after being hit by an uninsured driver.

Michigan Insurance Laws

Even though the state of Michigan requires drivers to maintain car insurance, that does not mean drivers always carry it. Michigan is a no-fault state. That means that when an accident occurs, your compensation does not depend on proving the other driver was at fault. Rather, drivers carry property and personal injury protection (PIP) insurance.

If you are in a car accident someone else caused, you can file a claim with your PIP insurance policy, and your insurance company will cover your losses up to the value of your coverage.

You also have the option of uninsured/underinsured motorist coverage, which covers damages when the other driver has no insurance or has too small a policy to cover the damages from your accident.

Related Article: What Does Uninsured Motorist Insurance Cover in Michigan? 

Can You Sue the Uninsured Driver After an Accident?

It is possible to sue an uninsured driver in Michigan for any losses you have over and above what your PIP coverage protects from, but there are limits. The most common concern is that the driver who caused the accident does not have assets.

If a person does not have proper insurance coverage, they may be unable to cover all the damages incurred. If there are no assets to recover, then suing that driver does not make sense in many situations. However, you may be able to take steps to seek out compensation for your losses from your auto insurance company or from a lawsuit.

Legal Actions You Can Take After an Accident with an Uninsured or Underinsured Driver

After a car accident in Michigan, you can sue the driver or use your own uninsured motorist coverage to pay for your losses. If you have this type of insurance coverage, you will file a claim with your insurance company for the losses you have. Consider the following three options you have:

• File a PIP claim: Michigan requires drivers to maintain this insurance, and it pays for your losses first, up to the coverage limit. This may include medical expenses, some wage loss, and other expenses you have. You cannot claim non-economic damages in a PIP claim.
• Use your uninsured motorist coverage: If you purchased an uninsured motorist policy, you may be able to use that policy to cover losses up to the coverage limits.
• File a car accident lawsuit: The third step is to sue the party responsible for your losses. This is challenging to do without legal guidance (and someone who is uninsured or underinsured most likely does not have the means to compensate you, even through a lawsuit).

It is important to understand the difference between Michigan’s no-fault and tort threshold. The tort threshold, or bodily injury threshold, is the legal standard you must meet to take the final step in pursuing a lawsuit against the at-fault driver. To sue, you must show that the accident caused serious impairment of body function. There are several components to this:

• The impairment is objectively manifested. This means there is an observable or perceivable impairment that another person besides you, can recognize, as noted under (MCL 500.3135(5)(a))
• The impairment is of an important body function (MCL 500.3135(5)(b))
• The impairment impacts the person’s general ability to lead a normal life. (MCL 500.3135(5)(c))

Why You Should Have Uninsured Motorist Coverage

Uninsured motorist coverage is not a legal requirement. Still, it provides you with significant support for recovering damages if you were hurt in a car accident such as a hit-and-run or when the at-fault party does not have insurance. This type of coverage can also protect you in situations where the driver cannot be located or if the driver has insurance but not enough coverage.

Insurance like this provides a second layer of support after PIP. Since PIP only requires a lower level of coverage in most cases, it may not offer enough protection for all your losses. Uninsured motorist coverage helps to meet those additional needs.

We highly recommend getting the maximum UM/UIM coverage possible. It’s relatively inexpensive for the protection it offers.

Related Resources

• Michigan Personal Injury Protection Guide: Read this comprehensive guide on Michigan personal injury protection, including what it is and what your legal rights are with PIP in place.
• What Does Uninsured Motorist Insurance Cover in Michigan?: Determine what types of losses uninsured motorist insurance may cover under Michigan law and your policy details. Learn what you may be able to claim if a hit-and-run driver struck you.
• Guide to Filing Property Damage After a Michigan Car Crash: These are the steps to take to file a property damage claim after a car crash. Use them to guide you in filing a PIP claim in Michigan or an uninsured motorist claim.

Why Clients Choose Matz Injury Law

Working with a law firm to navigate auto insurance claims processes can help you, as the victim, to recover the damages another driver owes you. At Matz Injury Law, our Southfield-based car accident attorneys are compassionate and experienced in handling even the most challenging Michigan car accidents. We work closely with our clients to keep them informed and comfortable throughout the entire process.

Case Results

• $100,000 uninsured motorist settlement for the family of a passenger killed in a suspected joyriding incident.
• $450,000 settlement to a college student injured when his vehicle was struck by an uninsured lawn-service vehicle
• $260,000 to a family whose car was struck by an uninsured vehicle

Learn how a personal injury attorney can help you in an underinsured or uninsured motorist collision.

Testimonials

I have used Matz Injury Law over the years, and they are the most honest and trustworthy attorneys I have ever used. They go above and beyond for their clients. I would recommend them to anyone.” — David L.

“Steve is nothing short of amazing! He is currently helping me with my lawsuit and has been THE best, very knowledgeable, and works hard!!! Very guiding and informational, and the guidance he gives every step of the way is phenomenal. I’d be lost without help!” — Tiffany L.

Get the Compensation You Deserve from a Michigan Car Accident Lawyer

Matz Injury Law offers comprehensive support at every step of the personal injury claim process. If you’ve been in a hit-and-run accident or an accident with an uninsured driver, call our Southfield law office at 866-22Not33 or use our online contact form to schedule a free consultation.