How to Identify an At-Fault Driver’s Insurer in Michigan
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When you need to determine which insurance company covered the at-fault driver at the time of an accident in Michigan, follow these steps:
1. Obtain the Police Crash Report
Michigan law (MCL 500.3112) requires law enforcement to prepare a crash report for accidents involving injury, death, or property damage over $1,000. That report typically lists each driver’s insurer. Request the report from the responding agency or through the Michigan State Police crash report portal.
2. Request Insurance Information from the Driver
Under MCL 500.3172, all Michigan insurers must file annual records of their insured vehicles with the Michigan Department of Insurance and Financial Services. Although that statute does not grant a direct private right to access those records, drivers generally carry proof of insurance. Ask the at-fault driver in writing for their insurer’s name, policy number, and coverage dates.
3. Contact Your Own Insurer
Your insurer can open a first-party claim under your own no-fault policy and pursue subrogation against the at-fault driver’s insurer. Insurers maintain comprehensive databases and often verify the other party’s coverage quickly.
4. Consult the Michigan Automobile Insurance Placement Facility (MAIPF)
If the at-fault driver is uninsured or you cannot identify their insurer, the Michigan Automobile Insurance Placement Facility (MAIPF) may assign a carrier to handle the claim. Visit maipf.org for details.
5. File a FOIA Request for Insurer Records
You can submit a Freedom of Information Act request under MCL 15.231 et seq. to the Michigan Department of Insurance and Financial Services or the Secretary of State. Provide the vehicle identification number (VIN) and crash date to obtain insurer records for that vehicle.
Relevant Michigan Statutes
- MCL 500.3112 – Duties after a crash
- MCL 500.3135 – No-fault insurer’s duties
- MCL 500.3172 – Insurer record-keeping requirements
Helpful Hints
- Keep copies of all written requests and notes summarizing phone conversations.
- Use the at-fault driver’s full name, date of birth, and VIN when seeking records.
- Check your own policy’s declarations page for subrogation and cooperation clauses.
- If the crash report is delayed, request the crash information exchange (CIE) number from law enforcement.
- Consider early consultation with an attorney if insurer identification remains unclear after these steps.