Hit By Uninsured Driver, Now What?
What happens after you have been hit by an uninsured driver? A car accident victim is still entitled to collect No-Fault benefits to pay for medical bills and lost wages. But, depending on the uninsured driver’s resources, the victim may be prevented from recovering other compensation and damages.
What happens if I am hit by an uninsured driver?
If you are hit by an uninsured driver in Michigan, you will still be able to collect No-Fault PIP benefits from the auto insurance company. But you may not be able to recover pain and suffering compensation, excess medical benefits or other economic damages unless the uninsured driver has adequate personal assets.
Can you get No-Fault benefits?
Yes. Your right to collect No-Fault personal protection insurance benefits after you’ve been injured in car accident does not depend on whether the at-fault driver had insurance. Generally, you will still be able to get No-Fault benefits through your own policy, a spouse’s or family member’s policy or through the Michigan Assigned Claims Plan.
Can I get pain and suffering compensation?
You won’t be able to recover through the at-fault, uninsured driver’s third party car insurance because he or she doesn’t have insurance. However, if you have “uninsured motorist coverage,” you may be able to file a claim through your policy. Or if the driver has adequate personal assets, you may be able to sue him or her personally.
We recommend that all drivers carry UM coverage with limits of $500,000 and $1 million to protect themselves and their families in case they are injured in a car accident caused by an uninsured driver.
Can you collect “excess” medical benefits?
If your car accident-related medical bills exceed the No-Fault PIP medical benefits coverage level in the policy through which you are claiming benefits, then you have a right to sue the at-fault driver for “excess” medical expenses. However, the obstacles will be the same as with suing for pain and suffering.
What to do if hit by uninsured driver?
If you were hit by an uninsured driver in Michigan, then you should file a No-Fault application for PIP benefits with the applicable auto insurance company. Additionally, obtain information about the uninsured driver in case you have to sue him or her personally to recover compensation and damages.
Injured and need a lawyer? Call Michigan Auto Law
If you have been injured in a car accident and you have questions about your legal rights to Michigan PIP benefits, you can call toll free anytime 24/7 at (248) 353-7575 for a free consultation with one of our experienced auto accident attorneys. You can also get help from an experienced accident attorney by visiting our contact page or you can use the chat feature on our website.