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

Published: March 31, 2021

Home>The Bernstein Blog>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, some drivers still choose to flee.

Having a Michigan car accident lawyer on your side after a hit-and-run can ease the pressure and help you get the compensation you deserve. 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. 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 someone was injured (but not a serious impairment of body function or death) may be charged with a misdemeanor with more severe penalties. These include a maximum fine of $1,000 and/or up to one year in prison, as well as a driver’s license suspension.
  • It is a felony to leave the scene of an accident that caused serious impairment of a body function or death. Penalties may include up to five years in prison and/or a $5,000 fine, or, if the crash caused a death, up to 15 years in prison and/or a $10,000 fine.

WHO IS RESPONSIBLE FOR DAMAGES IN A HIT-AND-RUN CAR ACCIDENT IN MICHIGAN?

Michigan law requires most vehicles to carry a No-Fault insurance policy. That means you typically seek reimbursement from your own insurer for medical expenses, wage-loss benefits, replacement services and damage to other people’s property, regardless of who was at fault. Since July 1, 2020, reimbursement of medical bills is limited to the Personal Injury Protection medical coverage selected by the policyholder.

No-Fault insurance does not cover repairs to your own vehicle unless you have collision coverage. Some policies may waive the collision deductible when the damage was caused by someone else, including a hit-and-run driver. Many insurers still require a police report. You should call the police if your car is damaged by someone else, even if the other driver is unknown.

Uninsured motorist coverage may also apply in a hit-and-run, depending on the policy. A police report is often required for that coverage as well.

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 it is safe and the vehicle can be driven
  • Stay at or near the scene until police arrive
  • Take photos of the damage to your vehicle, motorcycle or bicycle
  • Take photos of your visible injuries, including cuts and bruises
  • Photograph the 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 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 statements to an insurance adjuster without talking to a lawyer
  • Call an experienced accident lawyer as soon as possible
  • 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, call an ambulance if anyone needs immediate medical care. Next, call the police and stay at the scene until they arrive. It is illegal to leave the scene of an accident, whether or not anyone is injured. Drivers who fail to comply risk criminal penalties, especially if someone is hurt.

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 pursue your case, and we have the expertise and resources to seek 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 filling out the brief form below or contact us for a free, no-obligation consultation.

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