Statistics indicate that as many as 20% of all drivers in Michigan fail to obtain the required no-fault insurance coverage mandated by state law. This means that if you are involved in a car accident, there is a 1 in 5 chance that you may not be able to obtain full compensation from the at-fault driver for your injuries.
The general rule under Michigan’s no-fault law is that any person injured in a motor vehicle accident is entitled to recover certain no-fault (PIP) benefits from their own insurance provider, regardless of who was at fault in the incident. In addition to the right to collect these PIP benefits, the injured victim may also make a claim against the at-fault driver and his or her insurer for damages the injured person has sustained which are in excess of the statutory caps on those PIP benefits, as well as for pain and suffering associated with the victim’s injuries. However, if the at-fault driver fails to carry the required insurance, the injured victim may find himself without recourse for collecting the damages in excess of his PIP benefits.
Uninsured motorist coverage presents a way for Michigan drivers to ensure that injuries they sustain in an auto accident as the result of another’s negligence will be fully compensated. If an injured person’s automobile insurance policy includes uninsured-motorist coverage, and if the injury was caused by an uninsured driver, the injured victim will be able to assert his liability claim directly against his own insurance company, who will then stand in the shoes of the negligent driver.
The injured person will be able to recover noneconomic damages and excess economic damages up to the limits of his uninsured coverage in exactly the same manner they would had the negligent party been insured. If the injured person did not purchase uninsured-motorist coverage but was a passenger in a vehicle that was covered by uninsured-motorist coverage, the injured person may very well be covered under that policy.
To learn more about noneconomic damages and excess economic damages that may be covered by an uninsured policy, please click here.