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There’s no getting around it, Michigan No-Fault auto insurance is expensive for many people. That cost could make plenty of drivers want to skip the coverage and take their chances. However, when someone fails to get insurance and then acts negligently on the road, you are often left paying the price, literally and figuratively.
Michigan law requires every registered motor vehicle to be covered by a No-Fault insurance policy if it is going to be driven on a highway. This insurance allows drivers to get damages regardless of fault, and it allows victims to seek additional damages when necessary, however, uninsured drivers take this option away from victims. If this happened to you, our Michigan uninsured driver lawyers are here to help.
Call Christensen Law now to get started with our Michigan car accident lawyers.
Options After an Accident With an Uninsured Driver
We know you’re dealing with a lot right now. Physical trauma, mental distress, and costly bills are already stressful, but the injustice of an accident with an uninsured or underinsured driver is making the whole situation worse. As a car accident victim, you may have a few options for recovering damages. Some of these options include:
- Your own personal injury protection policy (PIP): As stated earlier, Michigan requires drivers to carry a No-Fault policy. In this system, drivers go through their own policy first for certain damages. PIP covers medical expenses, some lost wages, and some other expenses. Michigan allows drivers to choose various amounts of medical coverage, and your policy will dictate how much is covered. However, you are only going through your PIP if you were driving a motor vehicle (i.e., not a motorcycle) at the time of the accident.
- Uninsured Motorist or Underinsured Motorist Coverage: Automobile insurance companies offer insurance that helps you pay for damages associated with uninsured or underinsured drivers. If you purchased this policy prior to your accident, you can seek benefits from this coverage up to the limits outlined by your insurer.
- Car Accident Lawsuit: It’s possible to file a lawsuit against the uninsured driver for damages not already covered by PIP. However, this path can be challenging if the driver does not have significant assets.
Can the Michigan Assigned Claims Plan Help?
Michigan has a state-funded program that may offer some PIP benefits, if you are eligible. The Michigan Assigned Claims Plan (MACP) can offer up to $250,000 in PIP in multiple scenarios, which include:
- Being hit by an uninsured motor vehicle operator when you are a pedestrian or bicyclist
- Getting in an accident with a motor vehicle not covered by PIP when you are a motorcyclist
- Getting into a car accident when you are a passenger without PIP coverage
If you have a PIP plan but the coverage is insufficient, you may be able to apply for damages through MACP, but it’s best to ask our car accident lawyers about this possibility.
File Your Uninsured Driver Claim as Soon as Possible
Time is of the essence with any car accident. Evidence quickly disappears, memories fade, and your chances for compensation are at risk. When filing a PIP claim, you must file it within one year of the accident. Since this may be your primary source of compensation, it’s important to act as soon as you can.
If you are filing a car accident lawsuit against the uninsured driver, you have three years from the date of the accident to take legal action per Mich. Comp. Laws Ann. § 600.5805. No matter what path you are taking, don’t delay in seeking assistance.
What Can an Uninsured Driver Lawyer Do for You?
No one should have to deal with complex car accident cases alone. At Christensen law, we strive to provide compassionate and effective representation for all accident victims. When you work with us, we will:
- Review your options for compensation
- Make sure your claim or lawsuit is filed within the appropriate deadlines
- Help track down the driver if they fled from the scene of the accident
- Negotiate with insurers and represent you in court as needed
We’ll complete these and other tasks on your behalf, all you have to do is call.
Consequences for Uninsured Drivers in Michigan
You know firsthand how frustrating it is to get involved with an uninsured driver. These drivers put others at risk when they operate without sufficient coverage. This driver can face consequences like:
- Uninsured Driver Exclusion: First, uninsured drivers will have to manage their own medical expenses. As uninsured motorists, they are excluded from receiving any No-Fault benefits, even if they were not at fault for the accident. This rule also applies if they have been excluded from the vehicle owner’s policy, such as due to having too many points on their license.
- Third Party Lawsuit Damages: If an uninsured driver is at fault for a serious auto accident, they will likely face court proceedings to pay for damages caused by the injured motorist’s injuries. This can include significant amounts in non-economic damages like pain and suffering, permanent disability, or long-term wage loss. Insured motorists can rely on their auto policy’s “liability insurance” to help cover these costs, but uninsured motorists are responsible for these expenses on their own.
- Driver’s License / Registration Consequences: Uninsured drivers who need to repay the insurance company will want to do so promptly. If the judgment isn’t paid within 30 days, their driver’s license and vehicle registration can be suspended or revoked. Reinstatement is only possible by paying the debt or making payment arrangements through the Secretary of State. Falling behind on these payments can result in losing their license again.
- Criminal Consequences: Vehicle owners who choose not to insure their vehicle take a significant risk every time they or someone else drives it. Operating a vehicle without valid insurance is a criminal misdemeanor, punishable by up to one year in jail and a fine of between $200 and $500.
Let Us Explore Your Options in an Uninsured Driver Accident
When another driver chooses to drive negligently and without proper insurance coverage, you may have options for compensation. Call the Michigan uninsured driver lawyers at Christensen Law today to see how we can help. We offer 24/7 case evaluations, and we take cases on a contingency fee basis. You have nothing to lose, so please reach out to us as soon as you can.
