How to Handle a Hit-and-Run Accident in Michigan

Being injured in a car accident is a harrowing experience under any circumstances. But when you are the victim of a hit-and-run driver, the trauma is compounded. You may be worried about who will be liable for your medical bills and other damages. Despite the strict penalties for leaving the scene of an accident, many drivers still choose to flee, even though most are eventually identified and apprehended. Here’s what every motorist should know about hit-and-run accident laws in Michigan.

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Is It Illegal to Leave the Scene of an Accident in Michigan?

Yes. Even if no one is injured, it is a criminal offense to leave the scene of an accident where someone was injured or property was damaged.    

Here are the legal penalties for drivers who leave the scene of a car accident in Michigan:

• If a vehicle or other property was damaged but no one was injured, the driver may be charged with a misdemeanor and fined up to $100, imprisoned for up to 90 days or both.
• A driver who leaves the scene of a crash where one or more persons is injured will also be charged with a misdemeanor, but with more severe penalties. These include a maximum fine of $1,000 and/or up to one year in prison as well as suspension of the driver’s license.

• It is a felony for a driver to leave the scene of an accident that caused serious impairment of a bodily function or death, according to the Michigan Vehicle Code. Criminal penalties may include a maximum fine of $5,000 and/or up to five years in prison or 15 years in prison and/or a maximum fine of $10,000 depending on circumstances.

However, this depends on the extent of the injuries. In an accident where someone is seriously injured, the driver may be charged with a felony.  

Who is Responsible for Damages in a Hit-and-Run Car Accident in Michigan?

Michigan law requires that all vehicles be covered by a No-Fault insurance policy. This means that each driver seeks reimbursement from their own insurer for medical expenses, wage loss benefits, replacement services, and damage to other people’s property – regardless of who was at fault. Additionally, since July 1, 2020, reimbursement of medical bills is limited to the amount of Personal Injury Protection medical benefits selected by the policyholder.  

No-Fault insurance does not cover repairs to your own vehicle, unless you have specific collision coverage. If so, your deductible may be waived if the damage was caused by someone else, including a hit-and-run driver. However, most insurance companies require a police report of the incident. Therefore, you should always call the police if your car is damaged by someone else, even if the other driver is unknown.

Recommended reading: What Every Michigan Driver Should Know about the New No-Fault Insurance Law

What Should I Do If I’m Injured by a Hit-and-Run Driver in Michigan?

If you are injured in a hit-and-run accident, here are the steps you should take, even if the driver who hit you has left the scene:

• Call for an ambulance if you or anyone else needs immediate medical attention
• Call the police
• Move your car to the side of the road or another nearby location if possible
• Stay at the scene of the accident until police arrive
• Take photos of the damage to your vehicle, motorcycle or bicycle
• Take photos of your visible injuries, including all cuts and bruises
• Photograph the entire accident scene, including traffic signals or signs
• If another vehicle was involved (in addition to the hit-and-run driver), exchange insurance information but do not discuss your injuries or make any self-incriminating statements about how the accident happened
• If possible, obtain contact information from witnesses
• Do not admit fault to anyone at the scene, including the police
• If anyone asks whether you are hurt, say you will need to see a doctor before you can determine the extent of your injuries
• Do not sign any insurance papers or make any statements to an insurance adjuster
• Call an experienced accident lawyer immediately
• If you are not taken to the hospital by ambulance, seek medical care as soon as possible  

What Should I Do if I Hit a Car, Motorcycle, Pedestrian or Bicyclist in Michigan?

First, you should call an ambulance if anyone needs immediate medical care. Next, call the police and stay at the scene until they arrive. As detailed above, it is illegal to leave the scene of an accident, whether or not anyone is injured. Drivers who fail to comply with these laws risk facing stiff criminal penalties, especially if someone is injured.

You should also contact a qualified accident attorney as soon as possible, even if you think you were at fault.

Put Our Experienced Car Accident Lawyers to Work for You Today

“Many drivers panic and flee the scene after causing an accident,” says Mark Bernstein of The Sam Bernstein Law Firm. “This is never a good idea. You will probably be apprehended, and the legal consequences for hit-and-run drivers are severe. Instead, call the police and remain at the scene until they arrive.”

If you or a loved one is injured in a car accident, we can help. Our knowledgeable legal team knows what it takes to win your case, and we have the expertise and resources to win the compensation you deserve.

Car accident law is complicated, but finding the right Michigan car accident lawyer is simple.  

Get your case started today by clicking the button below to fill out a brief form or calling 1-800-CALL-SAM for a free, no-obligation remote consultation from the safety of your home.

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