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Michigan’s Uninsured Motorist Accident Lawyer

Michigan Uninsured Motorist Accident Lawyer

Auto insurance is mandatory in 48 out of 50 states, but many people in Michigan drive without car insurance. According to the Insurance Information Institute, in 2019, Michigan had the second-highest percentage of uninsured drivers at 25.5%

Opting to have uninsured or underinsured motorist coverage in your car insurance policy can provide financial protection in case of an accident with an uninsured driver. Your Michigan uninsured motorist accident attorney can assist you in investigating your claim and reviewing your insurance policies to determine how to proceed.

Do I Need Uninsured or Underinsured Motorist Insurance Coverage?

Michigan drivers must carry auto insurance under Michigan’s no-fault insurance laws. Under your auto insurance policy, you are eligible for no-fault benefits such as medical expenses, loss of wages, replacement services, and attendant services if you have severe injuries.

The state doesn’t require drivers to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage. Instead, most insurance companies offer UM and UIM coverage as part of their auto insurance offerings.

If you are involved in an accident with an uninsured driver, you can submit an uninsured motorist claim for financial assistance over your no-fault benefits. The UIM policy covers your damages over and above the other driver’s liability coverage if they have minimum liability limits.

When Does Uninsured and Underinsured Coverage Apply to a Crash?

If you’re involved in a crash with an uninsured or underinsured driver, you may be able to make a claim with your insurance company. When you submit a UM claim to the insurance company, you must prove the following elements:

If you were the victim of a hit-and-run accident, you will need assistance from your lawyer to make a claim. This type of claim may require demonstrating that the other driver fled the accident scene without stopping, exchanging insurance information, and providing aid to injured victims.

A lawyer may help you pursue a claim for UIM coverage in your policy if you’re in an accident with an underinsured driver. The auto insurer may require the following for you to obtain UIM coverage:

  • Your fault in the accident is not greater than the other driver’s liability.
  • The driver’s policy only compensates you to their maximum limits.
  • The at-fault driver’s insurance policy is insufficient to cover your damages.

Can I Sue the Uninsured Driver Who Hit Me?

If an uninsured driver hits you, you can file a lawsuit for economic damages like healthcare expenses and loss of wages. Additionally, if the accident causes a severe injury, permanent disfigurement, or wrongful death, you may seek non-economic damages for pain and suffering.

To proceed, a physician must diagnose your injury or impairment and document it in your records. These records can show the impact of your injuries on your everyday life and help to prove your claim.

Working with an experienced Michigan auto accident attorney can help you explore your legal options after an accident. They can assist you in deciding if you can recover compensation through your car insurance or file a lawsuit against the driver.

Can a Michigan Uninsured Driver Claim No-Fault Benefits?

An uninsured driver is disqualified for no-fault benefits to cover their medical coverage, household assistance, or loss of wages. Under Michigan’s mini tort law, an uninsured driver may not pursue a lawsuit for vehicle damage up to $3,000 from the other driver. They also cannot sue the other driver for non-economic damages.

Beyond being unable to claim no-fault benefits, a driver without insurance can face legal penalties and consequences in Michigan:

Uninsured Motorist Claim

How Do I File an Uninsured Motorist Claim With My Lawyer

If you have uninsured motorist coverage, you must notify the insurance company of the claim if you were in an accident with an uninsured driver. The insurance company will assign an adjuster to your case and start the claim process.

The experienced auto attorneys at Cochran, Kroll, & Associates, P.C. can help you with your claim. We can assist in managing these steps for obtaining compensation for your injuries:

Review and Comply With the Notice Requirements in Your UM Policy

Auto insurance companies can deny coverage for UM claims if they don’t receive your notice before your deadline, depending on the terms of your policy.

Make Sure You Submit Your Claim on Time

Your UM auto insurance company has the right to determine the filing deadline for UM claims. Consulting with your lawyer helps you ensure the timely filing of your claim by reviewing the terms and conditions of your coverage.

Gather Evidence for Your Claim

If you were in a hit-and-run accident, the insurer might require evidence of impact between your car and the other vehicle. Your lawyer can use the police report, witness statements, photos, and videos of the accident scene to develop a strong claim for UM coverage.

Legal Support After an Accident with an Uninsured Driver

When you have been in an accident with an uninsured driver, the law firm of Cochran, Kroll, & Associates, P.C. can help you pursue your claim with the insurance company. We have decades of experience handling car accident claims and settling with insurance companies for fair compensation.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.


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