Disclaimer: This article is for educational purposes and does not constitute legal advice.
First-Party PIP Benefits under Michigan No-Fault Law
Michigan requires all auto policies to include Personal Protection Insurance (PIP). PIP covers your medical expenses, wage loss and replacement services regardless of who caused the crash. Under MCL 500.3105, you submit your PIP claim directly to your own insurer even if the other driver lacked coverage.
Uninsured Motorist (UM) Coverage
If the at-fault driver had no insurance, your Uninsured Motorist coverage steps in. Under MCL 500.3113, UM pays for your bodily-injury damages up to your policy limits. You can stack limits from multiple vehicles if your policy allows.
Michigan Assigned Claims Plan
If you cannot obtain benefits through your own insurer—because you lack UM or your claim exceeds policy limits—you can apply to the Michigan Assigned Claims Plan (MACP). Established by MCL 500.3172, the MACP assigns an insurer to cover PIP and UM benefits when no responsible insurer exists.
Collision and Property Damage Claims
For vehicle damage, collision coverage on your own policy pays your repair or replacement costs less your deductible. If you have no collision insurance, you can sue the at-fault driver for property damage. Be aware that collecting a judgment may be difficult if the driver has limited assets.
Pursuing a Civil Lawsuit Against the At-Fault Driver
You may file a lawsuit for economic losses not covered by PIP or UM, such as out-of-pocket medical bills and diminished earning capacity. For noneconomic damages (pain and suffering), you must meet the serious impairment threshold under MCL 500.3142(2). A court judgment can include interest and court costs, but enforcing collection depends on the driver’s ability to pay.
Criminal and Administrative Penalties
Driving without required insurance violates Michigan law (MCL 257.319a). You can report the at-fault driver to law enforcement and the Secretary of State. Convictions can lead to fines, license suspension and vehicle registration holds.
Helpful Hints
- Review your auto policy declarations for PIP and UM limits before filing.
- Report the accident to your insurer immediately to preserve your rights.
- Gather all medical records, bills and accident-related receipts.
- Document property damage with dated photos and repair estimates.
- Consider consulting an attorney experienced in Michigan no-fault and UM claims.
- Track any court judgment and explore wage garnishment or liens if you obtain a judgment against the at-fault driver.