Leaving The Scene Of An Accident In Michigan: Here’s What To Know

Michigan law prohibits leaving the scene of an accident before a driver fulfills legal obligations after a crash. Under MCL 257.619, drivers must stop and remain at the scene, exchange contact, vehicle, and insurance information with other parties, and provide reasonable assistance to anyone injured in the crash.
Under Michigan law, leaving the scene of an accident that injures another person is a criminal offense. If a hit-and-run crash causes injury, it may be a misdemeanor under MCL 257.617a, with criminal penalties of up to one year in jail, fines up to $1,000, and a mandatory 90-day driver’s license suspension.
For hit-and-run crashes involving property damage only, the penalty is a lower-level misdemeanor. Under MCL 257.618, fleeing the scene of a crash that causes damage to an attended or unattended vehicle is punishable by up to 90 days in jail and a fine of up to $100.
However, if the crash results in a serious impairment of a body function or death, the offense escalates to a severe felony under MCL 257.617. Fleeing a severe injury or fatal crash scene carries a baseline penalty of up to 5 years in prison, which increases to up to 15 years in prison if the fleeing driver was at fault for causing the fatal accident.
To show you exactly how the state penalizes a hit-and-run based on the severity of the crash, here is the breakdown of criminal charges and license points:
Michigan Leaving the Scene of An Accident Penalties & Laws
1. Property / Vehicle Damage Only (MCL 257.618)
- Classification: Misdemeanor
- Criminal Penalty: Up to 90 days in jail and/or a $100 fine.
- Sanction: 6 Points on License
2. Personal Injury Occurred (MCL 257.617a)
- Classification: Misdemeanor
- Criminal Penalty: Up to 1 year in jail and/or a $1,000 fine.
- Sanction: 6 Points; 90-Day Suspension
3. Serious Impairment / Death (MCL 257.617(2))
- Classification: Felony
- Criminal Penalty: Up to 5 years in prison and/or a $5,000 fine.
- Sanction: 6 Points; 1-Year Suspension
4. At-Fault Driver Causing Death (MCL 257.617(3))
- Classification: Felony
- Criminal Penalty: Up to 15 years in prison and/or a $10,000 fine.
- Sanction: 6 Points; License Revocation
It is important to understand that the crime of leaving the scene of an accident in Michigan is not limited to at-fault drivers and can be charged regardless of fault in the underlying crash. In many cases, drivers flee due to a lack of insurance, a suspended license, or unauthorized use of a vehicle. However, you can still be found guilty of leaving the scene even if you were completely not at-fault for the crash.
To learn more about leaving the scene of an accident, check out this video of Michigan Auto Law attorney Josh Terebelo being interviewed by Fox 2 Detroit:
What is unlawful about leaving the scene of an automobile crash?
Unlawful leaving the scene of an accident in Michigan occurs when a driver fails to: (1) stop at the crash scene; (2) provide information; (3) present a driver’s license; and (4) assist in securing medical aid. (MCL 257.617(1); 257.617a(1); 257.618(1); and 257.619)
What information must I provide to not get charged with leaving the scene of an automobile crash?
At the scene, you must provide: (1) your name and address; (2) your vehicle registration number; and (3) the name and address of the owner of the vehicle you were driving to the police, crash victims and others involved in the crash. (MCL 257.619) You must also show them your driver’s license.
Can you leave the scene of an automobile crash with no injuries?
You can still be found guilty of leaving the scene of an accident in Michigan even if no one was hurt in a car accident. Fleeing the crash site – even with a crash with no injuries – is still a crime if the accident you were involved in resulted in damage to another person’s vehicle. (MCL 257.618(2))
The key to understanding potential criminal exposure under Michigan law is that the threshold inquiry is not whether or not there is an injury, but was there vehicle damage as a result of a crash.
Can you leave the scene of on an accident involving a single car?
Leaving the scene of an accident in Michigan involving a single car is against the law if the driver of the single car knew or had reason to believe that he or she had been “involved in an accident with an individual,” such as a pedestrian or a bicyclist. (MCL 257.619)
Is leaving the scene of an accident a felony in Michigan?
Leaving the scene of an accident in Michigan is a felony if “the accident results in serious impairment of a body function or death . . .” (MCL 257.617(2))
What is the penalty for leaving the scene of an accident in Michigan?
The penalty for leaving the scene of an accident in Michigan is a felony punishable by up to 5 years in prison and a $5,000 fine or both if serious impairment of body function or death occurs. If the fleeing driver was at-fault, then the fine could be $10,000 and the prison term could be 15 years. (MCL 257.617(2) and (3))
If an accident results in injury, the penalty for leaving the scene of an accident in Michigan is a misdemeanor with a $1,000 fine, up to a year in jail, and a driver’s license suspension. (MCL 257.617a(2) and (3)) If only vehicle damage occurs, it is a misdemeanor with a $100 fine and up to 90 days in jail. (MCL 257.618(2))
Will I get points on my driver’s license for leaving the scene of an accident in Michigan?
You will get 6 points on your driver’s license for leaving the scene of an accident in Michigan. The Michigan Vehicle Code provides that “[f]ailing to stop and disclose identity at the scene of an accident when required by law” results in “6 points” being entered on a fleeing driver’s license. (MCL 257.320a(1)(d))
Will my driver’s license be suspended for leaving the scene of an accident in Michigan?
Your driver’s license will be suspended for 90 days for leaving the scene of an accident in Michigan that resulted in an injury. Additionally, if you commit the felony of leaving the scene of a car accident that resulted in serious impairment of body function or death, then your license will be suspended for one year.
The Michigan Vehicle Code provides for a mandatory 90-day driver’s license suspension for “[f]ailing to stop and disclose identity at the scene of an accident resulting in injury in violation of section 617a.” (MCL 257.319(3)(a)); 257.617a(3))
Although the Michigan Vehicle Code does not specifically address the issue, it suggests that a driver who commits a felony by leaving the scene of an accident that results in serious impairment of body function or death (in violation of MCL 257.617(2) and (3)) will have his or her driver’s license suspended for one (1) year. (MCL 257.319(2)(c)(iv))
What happens if you leave the scene of an accident in Michigan?
If you leave the scene of an accident in violation of the Michigan Vehicle Code, you may face the following sanctions: (1) being found guilty of a felony or misdemeanor; (2) paying a fine; (3) going to jail; (4) going to prison; (5) getting points on your license; and (6) having your driver’s license suspended.
What if you leave the scene of an accident when you are not at fault?
You can be found guilty of unlawfully leaving the scene of an accident in Michigan even if you were not at fault for causing the crash. Whether you were at-fault or not, the Michigan Vehicle Code requires you to stop at the scene if you knew or had reason to believe you had been involved in an auto accident.
However, there is one important instance where fault does come into play. Leaving the scene of an automobile crash that you were at-fault for causing and that resulted “in the death of another individual,” then you could be found guilty of a felony, fined up to $10,000 and sent to prison for up to 15 years. (MCL 257.617(3))
What happens if both parties leave the scene of an accident?
No driver may leave the scene of an accident in Michigan until he or she has stopped, provided the legally required information and helped secure medical aid. The drivers of the vehicles involved in a crash cannot legally agree to ignore the law and their duties and responsibilities under the Michigan Vehicle Code.
Can passengers leave the scene of an accident?
Passengers can leave the scene of an accident. The requirement to stop and remain at the scene of a crash applies only to “[t]he driver of a vehicle who knows or who has reason to believe that he has been involved in an accident.” (MCL 257.617; 257.617a; 257.618; and 257.619)
Can you leave the scene of an accident in Michigan because you feel unsafe?
Fleeing the site of an automobile crash if you have “a reasonable and honest belief that remaining at the scene will result in further harm” is not a crime so long as you “immediately report the accident to the nearest or most convenient police agency or officer” and provide the legally required information. (MCL 257.617(1); 257.617a(1); and 257.618)
Is it illegal to leave the scene of an accident in a parking lot?
Leaving the scene of an accident in Michigan in a parking lot without carrying out a driver’s legal duties and responsibilities is a crime. The law requiring drivers to stop at a crash scene applies to crashes that occur on public roads and on “private property that is open to travel by the public” (MCL 257.617; 257.617a; 257.618)
Have you been injured in a crash where the at-fault driver left the incident site? Call our attorneys now for a free consultation!
If you or a loved one was injured in a crash involving someone leaving the scene call Michigan Auto Law now (800) 968-1001 for a free consultation with an experienced car accident lawyer. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
Michigan Auto Law is Michigan’s largest and most successful law firm that specializes exclusively in helping people who have been injured in auto accidents.
Our secret? Our car accident lawyers deliberately handle fewer cases than other personal injury law firms. This allows us to focus more time and attention on our cases.
Unlike other law firms, our auto accident attorneys are never too busy to promptly return phone calls and answer questions.
We have more than 3,000 5-Star reviews that reflect this care and attention to detail.
More importantly, this client-focused approach leads to better and faster settlements for our clients. Michigan Auto Law has recovered more million-dollar settlements and trial verdicts for motor vehicle accidents than any other lawyer or law firm in Michigan. We’ve also recovered the highest ever reported truck crash and auto crash settlement in the state.
Call now so we can start making a real difference for you.
Written By
Steve M. Gursten,
Attorney,
License#: P53632
Steven Gursten, attorney at Michigan Auto Law and one of the most successful auto accident attorneys in Michigan. Michigan Auto Law represents people seriously injured in car, truck, motorcycle, and bus accidents, including catastrophic injury, traumatic brain injury, and No-Fault insurance cases. Steven has recovered the largest reported auto and truck accident settlement of any Michigan lawyer, and has been named Michigan Lawyer of the Year and a Top 50 Michigan Super Lawyer.
Read Steven Gursten’s full attorney profileLegally Reviewed by Todd Berg, Attorney
This article is for informational purposes only and does not constitute legal advice. See our Community Guidelines.