In Michigan, if you are involved in a hit and run pedestrian accident, it’s essential to report the incident to the police immediately. Provide as many details as possible about the accident, the vehicle, and the driver if known. Seek medical attention right away and consult with an experienced lawyer.
These crashes are serious offenses that can carry both criminal and civil consequences. Drivers involved in a collision with someone on foot are legally required to stop at the scene, provide their information, and offer assistance if needed. Failing to do so—especially when the crash results in injury or death—can lead to severe penalties, including felony charges.
When you have been injured in a hit and run pedestrian accident in Michigan, you may be entitled to recover pain and suffering compensation, No-Fault benefits to cover medical bills and lost wages and other economic damages. An experienced lawyer with proven results will fight for you and protect you.
Recovering the compensation and benefits you are entitled after an incident like this can be difficult, which is why it is so important that your lawyer have the skill and resources to handle your case.
In Michigan, hit and run pedestrian accidents by definition involve a crash caused by an at-fault driver who flees the scene. Sometimes those at-fault drivers are caught. Unfortunately, sometimes they are not.
Although your right to recover No-Fault benefits is secure under either scenario, your ability to recover pain and suffering compensation can be made more difficult or thwarted completely when the at-fault driver flees the scene and is never caught and identified.
Your lawyer can help by trying to find the at-fault driver – or witnesses – through reverse-geofencing and social media searches. Your lawyer can also help you to comply with the policy and notice requirements for filing a claim under your uninsured motorist coverage.
Check out this video to find out what to do after a crash where the driver leaves the scene:
What to do after a hit and run pedestrian accident in Michigan to protect your legal rights?
If you’re injured in a hit and run pedestrian accident in Michigan, it’s important to take the following steps to protect your health, legal rights, and ability to seek compensation:
Immediate actions
- Call 911 Immediately – Report the crash to the police and request emergency medical help if needed. A police report will document the incident and may help identify the fleeing driver.
- Get Medical Attention – Even if your injuries seem minor, see a doctor as soon as possible. Some injuries may not be immediately obvious but can worsen over time.
- Document the Scene – If you’re able, take photos or videos of the crash scene, your injuries, any nearby damage, and anything that might help identify the vehicle—such as paint chips, tire marks, or surveillance cameras. Also, record all relevant details about the incident, such as the exact location, time, vehicle description, and any information about the driver involved.
- Gather Witness Information – Collect names and contact info from anyone who saw the crash. Witnesses can provide key details to the police or your attorney.
Legal steps
- Obtain a police report – Obtain a police report promptly as it provides an official record of the incident essential for insurance claims and legal action.
- Keep track of expenses – Keep detailed records of all medical bills, lost wages, and any other expenses related to the crash.
- Report the Crash to Your Insurance – Your No-Fault insurance may still provide benefits even if the at-fault driver is unknown. If you have uninsured motorist coverage, it may also help cover damages.
- Exercise caution with insurance companies – Insurance companies often try to reduce the amount they pay. Don’t provide statements or accept early settlement offers without first consulting your lawyer.
- Contact an Experienced Attorney – A lawyer who focuses on motor vehicle crash cases can help you pursue compensation, work with insurance companies, and determine whether other legal options are available—such as filing a claim through your own uninsured motorist policy.
What does Michigan law say about hit and run pedestrian accidents?
In Michigan, to help prevent hit and run pedestrian accidents, state law requires drivers to: (1) stop at the scene; (2) provide information; and (3) get medical aid as needed. (Sources: MCL 257.617(1); 257.619(a), (b) and (c))
What are the penalties for a driver who flees the crash scene?
In Michigan, a driver who strikes a pedestrian in a hit and run accident and flees the scene can face serious penalties—both criminal and civil. The penalties depend on the severity of the incident, particularly whether the person on foot was injured or killed.
Criminal penalties:
- Felony Charges: If the person on foot is seriously injured or killed, leaving the scene is considered a felony under state law.
- Prison Time: A felony hit-and-run conviction can result in significant prison time, especially in cases involving severe injury or death.
- Fines: Drivers may face substantial fines as part of their sentence.
- License Sanctions: The Michigan Secretary of State may suspend or revoke the driver’s license for fleeing the scene of a crash.
- Permanent Record: A conviction will result in a criminal record, which can have long-term effects on employment and other aspects of life.
Civil penalties:
- Personal Injury or Wrongful Death Lawsuit: The injured person or their family can file a lawsuit against the at-fault driver for damages such as medical expenses, lost wages, pain and suffering, and funeral costs.
In short, failure to comply with these legal requirements could result in the fleeing driver being sent to prison, being forced to pay fines up to $10,000 and being found guilty of a felony or misdemeanor.
Can file a lawsuit if injured in a hit and run accident in Michigan?
If you were injured as a pedestrian in a hit and run accident in Michigan, you still have legal options to recover compensation. Under the state’s No-Fault insurance system, you may be eligible for Personal Injury Protection (PIP) benefits, which can cover medical expenses, lost wages, and other related costs—even if the driver who hit you is never identified.
If you have uninsured motorist (UM) coverage, it may also help cover pain and suffering damages and additional financial losses.
If the at-fault driver is later found, you may be able to file a lawsuit for excess medical bills, lost wages, and non-economic damages like pain and suffering—provided your injuries meet Michigan’s legal threshold of “serious impairment of body function.”
What are the statute of limitations for filing a lawsuit for a hit and run pedestrian accident in Michigan?
In Michigan, for hit and run pedestrian accidents, No-Fault claims must be filed within one year, and lawsuits seeking pain and suffering compensation must be filed within three years of the crash. These cases can be complex, so it’s important to consult with an experienced attorney who can guide you through the process and protect your rights.
More on pain and suffering compensation
In Michigan, if you have been injured in a hit and run pedestrian accident and you have been able to identify the at-fault driver who caused the injury, you may be able to recover pain and suffering compensation as well as compensation for excess medical expenses and excess lost wages.
Compensation for pain and suffering damages will allow recovery for: (1) physical pain and suffering; (2) mental anguish; (3) fright and shock; (4) denial of social pleasure and enjoyments; (5) embarrassment, humiliation or mortification; and (6) shame, mental pain and anxiety.
Compensation for excess medical expenses covers that portion of an injured person’s medical bills that exceeds the No-Fault PIP medical benefits coverage level that was selected in the auto insurance policy through which he or she is claiming No-Fault benefits.
Similarly, compensation for excess lost wages covers the portion of an injured person’s lost wages that exceeds the monthly maximum and/or the three-year limit that are set by Michigan’s No-Fault auto insurance law.
More on uninsured motorist benefits
If you were injured in a hit and run pedestrian accident, but the at-fault driver was never caught and identified, then your uninsured motorist coverage will be your source for pain and suffering compensation and other economic damages you would have otherwise recovered from the at-fault driver.
Although uninsured motorist coverage insurance is generally thought of as providing benefits when a person is injured by a driver who has no auto insurance, it also provides benefits when a driver causes injuries and flees the scene and is never caught. Because the driver who fled the scene is never identified, nothing is ever learned about what insurance he or she may have and, thus, he or she is essentially an “uninsured” driver.
The specific details about who qualifies as an “uninsured motorist” and what notice requirements and filing deadlines you must comply with for your “uninsured motorist” claim will be set out in your UM policy.
However, if you do not have UM coverage and you have been unable to identify the at-fault driver responsible for your hit and run pedestrian accident injuries, then you will be unable to recover any pain and suffering compensation and other economic damages for your losses, harms, and injuries from the Michigan crash.
More on No-Fault benefits
You may be entitled to recover Michigan No-Fault PIP benefits after a hit and run pedestrian accident that will help to pay for medical expenses, lost wages (if your injuries prevent you from returning to work), mileage and transportation costs for traveling to and from your doctor appointments, household replacement services and attendant care services.
To be eligible, you must file an application for No-Fault benefits – which is also called a “written notice of injury” – with the responsible auto insurance company within one (1) year of the crash. (MCL 500.3145(1) and (4))
The responsible auto insurance company will be one of the following: (1) your own auto insurance company; (2) the insurer for your spouse or a relative who lives with you; or (3) the auto insurance company assigned by the Michigan Assigned Claims Plan (when No-Fault coverage is not available through any other source). (MCL 500.3114(1) and (4); 500.3115)
Filing the application for Michigan No-Fault benefits – and filing it on time – is extremely important in a hit and run pedestrian accident case because the failure to do so will give the insurance company a legal basis to deny all No-Fault benefits that you would have otherwise been entitled to.
What is the average settlement amount for a pedestrian hit and run accident in Michigan?
In Michigan, the average settlement for a hit and run pedestrian accident varies widely depending on factors such as the severity of the injuries, medical expenses, lost wages, and the circumstances of the crash. Minor injuries typically result in smaller settlements, while more serious or permanent injuries can lead to significantly higher compensation. Each case is unique, and settlement amounts are influenced by the extent of damages, insurance coverage, and whether fault is disputed. Consulting with an attorney can help you understand the potential value of your claim based on your specific situation.
How long does a settlement take?
The timeline for settling a hit and run pedestrian accident case in Michigan can vary significantly depending on the complexity of the case. If injuries are minor, liability is clear, and insurance coverage is available (such as through uninsured motorist coverage), a settlement might be reached within several months. However, cases involving serious injuries, extended medical treatment, or difficulty identifying the at-fault driver can take a year or more to resolve.
Factors that affect how long the process takes include:
- The severity and duration of your medical treatment
- Whether the at-fault driver is identified
- Disputes over insurance coverage or liability
- Negotiations with insurance companies
- Whether a lawsuit must be filed
Working with an experienced personal injury attorney can often help move the process along more efficiently and ensure that your rights are protected throughout the claim.
Why should I choose the attorneys at Michigan Auto Law for my pedestrian hit and run accident case?
Choosing Michigan Auto Law for your hit and run pedestrian accident case means working with attorneys who focus exclusively on motor vehicle crashes. Our team has decades of experience handling complex cases involving uninsured drivers and difficult insurance disputes. We know how to navigate our state’s No-Fault system and uninsured motorist coverage to help you recover the compensation you deserve.
Our attorneys have a proven track record of securing some of the largest settlements and verdicts in the state. Our attorneys are respected by judges, insurance adjusters, and local courts across the state, which helps us resolve cases more efficiently and for more money. When you choose us, you’re not just hiring a lawyer—you’re gaining a team with deep knowledge, strong local connections, and a commitment to protecting your rights after a serious crash.
Injured in a hit and run pedestrian accident and need a lawyer? Call our attorneys now for a free consultation!
If you or a loved one was injured in a hit and run pedestrian car accident in Michigan, call now (800) 968-1001 for a free consultation with an experienced lawyer near you. There is no cost or obligation. You can also visit our contact page or use the chat feature on our website.
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