What Happens If You Get Hit By An Uninsured Driver In Michigan?

Michigan law requires drivers to carry a valid auto insurance policy. Because of that, many people assume that if they are injured in a motor vehicle accident, the at-fault driver’s insurance will automatically be available to cover their pain and suffering claim. Unfortunately, that assumption is often wrong.

Despite Michigan’s mandatory insurance laws, uninsured drivers are a significant problem on our roads. When you are hit by a driver who does not have auto insurance, or does not have enough auto insurance, it can leave you feeling overwhelmed, frustrated, and unsure where to turn for compensation. Medical bills begin to pile up, time off work adds financial pressure, and the legal questions can feel impossible to navigate on your own.

At MichiganLawsuit.com, our personal injury team is here to help clients across the state understand their rights, explore every available recovery option, and protect themselves after an accident involving an uninsured or underinsured driver.

The Reality of Uninsured Drivers in Michigan

In a perfect world, every driver would follow the law and maintain active auto insurance coverage. In reality, many drivers choose to drive uninsured, and others may allow their coverage to lapse without realizing it.

You might think uninsured drivers are rare or that insurance companies exaggerate the risk to justify higher premiums, but the data tells a different story.

According to the Insurance Information Institute, in 2023:

• Approximately 15.4% of drivers nationwide were uninsured, meaning more than one in seven drivers had no coverage.

• Michigan ranked fourth highest in the nation, with an estimated 22.3% of drivers uninsured—more than one in five drivers on the road.

That means nearly every time you drive, there is a real chance you are sharing the road with someone who has no insurance at all.

Now, there may be something to say about high premiums and a lot of people being unable to afford insurance coverage, but alas, that is a topic for another time.

What If the Police Report Says There Is No Insurance?

It can be frightening to receive a police report after a crash and see “no insurance” listed for the at-fault driver. Many people assume that immediately ends their ability to recover compensation, but that is not always the case.

It is important to understand that police reports are not definitive when it comes to insurance coverage. For example:

• The driver may not have been the vehicle owner and may not have known where the proof of insurance was.

• The driver may have had insurance but did not have proof at the scene.

• The insurance listed on the report may have lapsed, been canceled, or revoked.

• In some cases, drivers present outdated or invalid proof of insurance.

Because of this, one of the first steps our office takes is conducting a thorough insurance investigation. We verify coverage through multiple channels to confirm whether or not the at-fault driver was truly uninsured at the time of the accident.

Can You Sue an Uninsured Driver Directly?

Technically, yes—you can pursue the at-fault driver personally. This could include attempts to:

• Garnish wages,

• Place liens on property, or

• Recover from personal assets.

However, in practice, this approach often does not result in meaningful compensation. Many uninsured drivers lack significant assets or steady income, making recovery difficult or impossible. This is why uninsured motorist coverage is so important.

What Is Uninsured Motorist Coverage?

Uninsured Motorist (UM) coverage is an optional add-on to your Michigan auto insurance policy that protects you if you are injured by a driver who has no insurance.

If you have UM coverage:

• Your own insurance company steps into the shoes of the at-fault driver’s insurer.

• You can pursue a claim for pain and suffering damages, just as you would against an at-fault driver’s insurance company.

• You do not have to rely on the personal finances of the uninsured driver.

At MichiganLawsuit.com, one of the first things we review is your declarations page to determine whether you carry uninsured motorist coverage and what limits apply.

Proving the Driver Was Uninsured

An important thing to note is that in uninsured motorist claims, the burden is on the injured person to prove that the at-fault driver did not have valid insurance. This is not always straightforward, but it is something our office regularly handles through detailed insurance investigations and something we can help you with.

What If the Driver Has Insurance, but Not Enough?

Sometimes, the at-fault driver does have insurance, but their bodily injury coverage limit is far too low to fully compensate you for your injuries. This is where Underinsured Motorist (UIM) coverage becomes critical.

What is Underinsured Motorist Coverage?

Underinsured Motorist coverage applies when:

• The at-fault driver has insurance, but their policy limits are insufficient to cover your pain and suffering damages.

Like UM coverage, UIM coverage is an add-on to your auto policy and is listed on your declarations page.

How Underinsured Motorist Coverage Works: Examples

To better understand how underinsured motorist coverage applies, consider the following simplified examples. Again, these are simplified and just a tool to see how the system works in a vacuum.

Scenario One:

• Pain and suffering damages: $500,000

• At-fault driver’s bodily injury limit: $250,000

• Your underinsured motorist limit: $500,000

In this case:

• The at-fault driver’s insurer pays the first $250,000.

• Your insurance company covers the remaining $250,000 under your UIM coverage.

Scenario Two:

• Pain and suffering damages: $1,000,000

• At-fault driver’s bodily injury limit: $250,000

• Your underinsured motorist limit: $500,000

Here:

• The at-fault driver’s insurer pays $250,000.

• Your insurer pays up to $500,000.

• Any remaining damages above that amount may not be recoverable.

These examples highlight an important point: having underinsured motorist coverage matters, but the limits you choose matter just as much.

Why These Cases Are Rarely Simple

While the examples above are helpful, real-world cases are often far more complex. Coverage disputes, policy exclusions, coordination of benefits, and Michigan-specific insurance laws can significantly impact your recovery.

Insurance companies, even your own, are still businesses focused on minimizing payouts. Having an experienced Michigan personal injury attorney on your side can make a critical difference in:

• Identifying all available insurance coverage,

• Properly valuing your pain and suffering damages, and

• Negotiating or litigating for full and fair compensation.

At MichiganLawsuit.com, we analyze every case individually to determine the strongest path forward.

Conclusion: You Don’t Have to Navigate This Alone

Being injured in a car accident is stressful enough. Trying to untangle insurance coverage issues, especially when uninsured or underinsured drivers are involved, should not be something you have to handle on your own.

The legal team at MichiganLawsuit.com is here to take that burden off your shoulders. We help injured individuals understand their options, pursue every available avenue of recovery, and fight for the compensation they deserve.

If you or someone you know has been injured in an accident involving an uninsured or underinsured driver, call us at (855) 529-6424. We are here to help.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique, and results depend on the specific facts and circumstances. Past results do not guarantee future outcomes. If you have been injured, please contact a licensed attorney to discuss your specific situation.