What to Do After a Hit and Run Accident in Michigan
A hit and run crash leaves you dealing with injuries, vehicle damage, and unanswered questions—all while the person who caused it has fled the scene. Michigan law takes hit and run offenses seriously, and you have legal options even when the other driver cannot be found. Understanding what steps to take immediately after the accident, and how Michigan’s no-fault insurance system applies to hit and run claims, can make the difference between recovering full compensation and being left with unpaid bills.
Michigan Hit and Run Laws: MCL 257.617–621
Michigan has specific statutes that require drivers involved in an accident to stop, identify themselves, and render aid. Leaving the scene violates these laws and carries criminal penalties that escalate based on the severity of the crash:
- MCL 257.617 – Duty to stop at the scene: Any driver involved in a crash resulting in damage to property or injury to a person must immediately stop at the scene or as close to it as safely possible.
- MCL 257.617a – Duty to report: The driver must provide their name, address, vehicle registration number, and insurance information to the other party or to a police officer at the scene.
- MCL 257.618 – Accidents involving injury or death: If someone is injured, the driver must remain at the scene and provide reasonable assistance, including arranging transportation to a hospital if needed. Leaving the scene of an injury accident is a felony punishable by up to five years in prison.
- MCL 257.619 – Accidents involving death: Fleeing the scene of a fatal crash is a felony punishable by up to 15 years in prison.
- MCL 257.620 – Damage to unattended vehicles: If you hit a parked car, you must attempt to locate the owner or leave a written notice with your contact and insurance information in a conspicuous place on the vehicle.
- MCL 257.621 – Damage to fixtures on a highway: Drivers who damage road signs, guardrails, or other highway fixtures must report the incident to local police.
Steps to Take Immediately After a Hit and Run
1. Stay at the Scene and Call 911
Do not chase after the vehicle that fled. Pursuing the other driver puts you and others at risk—the driver may be intoxicated, hostile, or driving recklessly. Call 911 immediately to report the accident. Getting a police report on file is essential for your insurance claim and any future legal action.
2. Get Medical Attention
Your health comes first. Even if your injuries seem minor, get examined by a doctor as soon as possible. Injuries from car accidents—particularly traumatic brain injuries, whiplash, and soft tissue damage—may not produce symptoms for hours or days after the crash. A prompt medical evaluation also creates a documented link between the accident and your injuries, which strengthens your claim.
3. Document Everything You Can
While details are fresh in your memory, write down or record:
- The make, model, color, and any identifying features of the vehicle that fled
- A partial or full license plate number
- The direction the vehicle traveled after leaving the scene
- A physical description of the driver, if you saw them
- The number of occupants in the vehicle
Use your phone to take photos of the accident scene, your vehicle damage, skid marks, debris, traffic signals, and your visible injuries. This evidence is critical for identifying the driver and proving your claim.
4. Get Witness Contact Information
If bystanders, nearby business owners, or other drivers witnessed the crash, collect their names and phone numbers. Witness testimony can help identify the hit and run driver and corroborate your account of how the accident occurred. Ask whether anyone captured dashcam or security camera footage of the incident.
5. Report the Accident to Your Insurance Company Within 24 Hours
Most Michigan auto insurance policies require you to report a hit and run accident within 24 hours or as soon as reasonably possible. Failing to report the accident promptly could put you in breach of your policy contract and jeopardize your ability to file a claim. When speaking with your insurer, stick to the facts—do not speculate about fault or minimize your injuries.
How Michigan’s No-Fault System Applies to Hit and Run Accidents
Michigan is a no-fault insurance state, which means your own auto insurance policy covers certain benefits regardless of who caused the accident. This is particularly important in hit and run cases where the at-fault driver cannot be found.
Personal Injury Protection (PIP) Benefits
Under Michigan’s no-fault law, your PIP coverage pays for:
- Reasonable and necessary medical expenses related to the accident
- Up to 85% of your lost wages (up to three years after the accident)
- Up to $20 per day for replacement household services
- Attendant care costs if your injuries require in-home assistance
Your PIP benefits apply regardless of whether the hit and run driver is ever identified. The level of PIP coverage you selected when purchasing your policy determines the extent of your medical expense coverage.
Uninsured Motorist (UM) Coverage
If you carry uninsured motorist coverage on your Michigan auto policy, it can provide compensation for pain and suffering, excess economic damages, and other losses that PIP does not cover. In hit and run cases, the fleeing driver is treated as an uninsured motorist because their identity and insurance information are unknown.
To access UM benefits after a hit and run, you generally must:
- Report the accident to police promptly
- Demonstrate that actual physical contact occurred between the hit and run vehicle and your vehicle or person
- Cooperate with your insurance company’s investigation
If there was no physical contact (for example, if a car swerved into your lane and caused you to crash into a guardrail without touching your vehicle), UM coverage may still apply in some circumstances, but you will typically need an independent witness to corroborate the event.
Michigan’s Mini-Tort Provision
Michigan’s mini-tort law (MCL 500.3135) allows you to recover up to $3,000 for vehicle damage from the at-fault driver. In a hit and run case, if the other driver is eventually identified, you can pursue a mini-tort claim against them for damage to your vehicle that your collision coverage did not pay. If the driver is never found, your own collision coverage (if you carry it) would cover vehicle repairs, minus your deductible.
Can You Sue a Hit and Run Driver in Michigan?
Yes, if the hit and run driver is identified. Under Michigan law, you can file a third-party lawsuit against the at-fault driver to recover compensation for:
- Pain and suffering (if your injuries meet Michigan’s serious impairment of body function threshold)
- Excess economic losses not covered by PIP
- Vehicle damage beyond the mini-tort limit
Even when police cannot immediately identify the driver, an experienced attorney can pursue leads through surveillance cameras, traffic cameras, license plate databases, vehicle part identification, and witness interviews to track down the responsible party.
Frequently Asked Questions
What if the hit and run driver is never found?
You can still recover compensation through your own insurance policy. PIP benefits cover your medical bills and lost wages. If you carry uninsured motorist coverage, it can provide additional compensation for pain and suffering. If you have collision coverage, it will pay for vehicle repairs minus your deductible.
Should I chase the vehicle that hit me?
No. Pursuing a fleeing driver is dangerous and could lead to a secondary crash, a confrontation with an impaired or hostile driver, or criminal charges against you for reckless driving. Write down as much identifying information as possible and let law enforcement investigate.
How long do I have to file a lawsuit after a hit and run in Michigan?
The statute of limitations for a personal injury lawsuit in Michigan is generally three years from the date of the accident. However, there are shorter deadlines for certain claims, including those involving government vehicles or entities. Do not wait to consult an attorney, as critical evidence may be lost over time.
What if I was a pedestrian or cyclist hit by a fleeing driver?
Pedestrians and cyclists injured in hit and run accidents are also eligible for PIP benefits under Michigan’s no-fault system. If you do not have your own auto insurance policy, PIP benefits may be available through a household member’s policy, the vehicle involved in the accident, or the Michigan Assigned Claims Plan.
Talk to a Michigan Hit and Run Attorney Today
Hit and run accidents create complicated insurance and legal questions. Whether the driver who hit you has been found or not, an experienced attorney can help you maximize your recovery under Michigan’s no-fault system and pursue all available sources of compensation. Call The Joseph Dedvukaj Firm, P.C. at 1-866-HIRE-JOE or visit 1866hirejoe.com for a free consultation.