Hit and Run Accidents
Hit and Run Accidents in Michigan: Finding Recovery When the Driver Disappears
A hit and run adds insult to devastating injury. You're hurt — sometimes critically — and the person who did it drove away. No insurance information exchanged. No accountability. Just you, broken on the side of the road, while the driver who destroyed your life disappears into traffic. It's one of the most infuriating scenarios I deal with as an attorney, and it's far more common than people think: Michigan consistently ranks among the top states for hit and run accidents.
At Koussan Law, I represent hit and run victims across Michigan. The immediate reaction most people have is despair — "they drove off, so there's nothing I can do." That's wrong. Michigan's insurance system provides multiple avenues for recovery even when the at-fault driver is never found. And when the driver is found — which happens more often than you'd expect thanks to cameras, witnesses, and forensic evidence — the full range of third-party claims becomes available.
Recovery Options When the Driver Is Never Identified
PIP Benefits: Under Michigan's no-fault system, your own PIP coverage pays your medical expenses and wage loss regardless of who caused the accident and regardless of whether the other driver is identified. Under MCL § 500.3107, allowable expenses include medical treatment, rehabilitation, attendant care, and replacement services. Your PIP coverage applies in full to a hit and run.
Uninsured Motorist (UM) Coverage: If you carry UM coverage on your auto policy, it applies to hit and run accidents where the at-fault driver is unidentified. Under MCL § 500.3163, your UM policy treats the unknown hit and run driver as an uninsured motorist. This gives you access to non-economic damages — pain and suffering, emotional distress — through your own policy. This is why I tell every client: carry UM coverage. It's your safety net for exactly this scenario.
Michigan Assigned Claims Plan: If you don't have your own auto insurance, the Michigan Assigned Claims Plan under MCL § 500.3171-3175 assigns your PIP claim to an insurer. This ensures that even uninsured hit and run victims have access to basic no-fault benefits.
Finding the Driver: Investigation Matters
I don't give up on identifying hit and run drivers. I subpoena surveillance footage from nearby businesses and traffic cameras. I work with accident reconstructionists who can identify the make and model of the fleeing vehicle from debris, paint transfer, and impact patterns. I coordinate with law enforcement on their investigation. Witness canvassing, social media analysis, and body shop inquiries (the at-fault vehicle was damaged too) all contribute to identification. When we find the driver, the full range of civil remedies becomes available — including the possibility of exemplary damages for fleeing the scene.
Frequently Asked Questions
Q: What should I do immediately after a hit and run?
Call 911 immediately — a police report is essential. Note everything you can about the fleeing vehicle: color, make, model, license plate (even a partial), direction of travel, and any distinguishing features. Get contact information from any witnesses. Take photos of the scene, your injuries, and any debris left behind. Seek medical attention even if you feel fine — adrenaline masks injuries. Then call an attorney before calling your insurance company.
Q: Will my insurance rates go up if I file a claim after a hit and run?
Michigan law prohibits insurers from raising your rates for claims where you were not at fault. A hit and run where you're the victim is a not-at-fault claim. Under MCL § 500.2111b, your insurer cannot increase your premiums based on a claim arising from an accident that was not your fault.
Q: What if the hit and run driver is found but has no insurance?
Your PIP benefits still cover your medical expenses and wage loss. Your UM coverage provides non-economic damage recovery. And you can pursue a civil judgment against the uninsured driver personally — which, depending on their assets, may or may not be collectible. I assess every available source of recovery to maximize what my clients actually receive.
Q: What is the statute of limitations for a hit and run accident claim?
Three years from the date of the accident under MCL § 600.5805 for the personal injury claim. PIP benefits have a one-year-back rule under MCL § 500.3145. UM claims are governed by your policy's contractual limitations period. If the driver is later identified, the three-year clock for a third-party tort claim runs from the date of the accident, not the date of identification — so don't wait.
