Understanding Michigan Uninsured and Underinsured Insurance Claims

Few things can be as frustrating and scary as getting into an auto accident. If you discover that the person who you got into an accident with did not have insurance, or they were underinsured, it can be even more difficult. Fortunately, there are some laws on the books in the state of Michigan that are meant to provide certain protections to responsible drivers in these situations.

No-Fault Auto Insurance

This type of situation is one of the many reasons why no-fault insurance can be a very positive thing for many drivers. Under no-fault insurance, it doesn’t matter who is at fault in an accident because your insurance policy will be the one paying out. This is very helpful when an uninsured or underinsured driver hits your vehicle since you won’t have to worry about trying to sue the individual who hit you. This is critical because those without proper insurance often don’t have any assets that you can sue them for, and you would be left with few options.

Uninsured/Underinsured Motorist Coverage

You can also have an “add-on” to your policy that specifically covers any damages caused by uninsured or underinsured motorists. While the no-fault policy would apply in many cases, there are other situations when that is not the case. For example, if your vehicle was damaged while parked, and the driver of the vehicle who hit it was uninsured, this type of coverage would be critical. While not required in Michigan, having uninsured motorist coverage can be very helpful in many situations. This type of additional coverage is very affordable and will offer you great protection in the event of an accident or other events with an uninsured driver.

Underinsured coverage refers to situations in which the coverage available from the at-fault driver is not enough to compensate you for your injuries, so your insurance company pays you the amount of the shortage depending upon your policy limits.

Suing the Driver

If you are a passenger in a vehicle that is in an accident and you later find out that the driver was uninsured, you can likely sue the driver for your pain and suffering, medical expenses, and other damages. Since the driver doesn’t have proper insurance in place, you will be suing them directly rather than an insurance company. While this can be difficult at times, it is the proper way to recoup your losses.

Fight for Your Rights

If you were hit by an uninsured or underinsured driver, make sure you take steps to protect your legal rights. Contacting attorney Carla D. Aikens is an important first step in evaluating your situation and planning out the proper course of action.