Answers · Michigan crash law
The Driver Who Hit Me Had No Insurance. What Are My Options in Michigan?
You may have more than you think. Michigan has a safety net for exactly this situation, and there are usually three separate places to look before anyone concludes a case is worthless.
Being hit by an uninsured driver feels like the end of the road. There is no insurance company to call, no adjuster, no policy. The person who hurt you often has no money either.
But “the at-fault driver was uninsured” is the beginning of the analysis in Michigan, not the end of it. Here is where compensation actually comes from.
First: confirm there really is no coverage
Before accepting that no policy exists, that has to be verified rather than assumed.
Insurance companies deny coverage on grounds that do not always hold up. If the at-fault driver’s insurer says the policy was cancelled before your collision, Michigan law imposes strict requirements on how that is done, and defective cancellations are common. If an insurer says a policy was rescinded, that is a court-ordered remedy with its own rules, and it does not always do what the carrier claims.
A denial letter states a position. It is not a determination that coverage does not exist.
It is also worth checking whether the vehicle was covered by someone else’s policy, whether the driver was covered under a resident relative’s policy, and whether the driver was working at the time, which can bring an employer’s commercial coverage into play.
Second: your own uninsured motorist coverage
If you carry uninsured motorist (UM) coverage on your own auto policy, it exists for precisely this scenario. It steps into the shoes of the at-fault driver’s missing liability policy and pays what that driver should have paid.
Underinsured motorist (UIM) coverage does the related job when the at-fault driver had a policy, but one too small to cover your injuries.
A few things people do not know about UM coverage in Michigan:
- It is optional here. Michigan does not require it, so whether you have it depends on what you bought. Check your declarations page rather than guessing.
- It is contractual, not statutory. Unlike no-fault benefits, UM coverage is governed by the language of your policy, and different policies have very different terms.
- The deadlines can be shorter than you expect. Many policies impose their own notice requirements and time limits, sometimes considerably shorter than the statutory period for suing a driver.
- Consent-to-settle clauses matter enormously. Many policies say you forfeit UM coverage if you settle with the at-fault driver without your own insurer’s written permission first. Settling a small claim against the at-fault driver can accidentally destroy a much larger UM claim.
That last point causes real damage. It is one of the most common ways a legitimate claim gets lost. I cover the full set of UM/UIM rules and traps in a separate explainer.
Third: the Michigan Assigned Claims Plan
For no-fault medical and wage benefits, Michigan operates a safety net called the Michigan Assigned Claims Plan (MACP), administered by the Michigan Automobile Insurance Placement Facility.
Under MCL 500.3172, you may claim PIP benefits through the Plan when no other no-fault coverage applies to your injury, or when no applicable coverage can be identified. The Plan assigns your claim to a participating insurance company, which then handles it like any other no-fault claim.
This is the route for injured pedestrians, passengers, and others with no policy of their own to turn to.
Two features matter:
Benefits are capped. Under MCL 500.3172(7)(a), medical benefits through the Plan are limited to $250,000 for most claimants. That is meaningful money, and it is also a ceiling that a serious injury can exhaust. A higher limit applies to certain categories of claimants.
The deadline is one year, and it is unforgiving. MCL 500.3174 requires notice of the claim to the Michigan Automobile Insurance Placement Facility within one year after the date of the accident. Missing it generally ends the right to those benefits permanently, no matter how badly you were hurt.
If your medical expenses run past the Plan’s cap, those excess costs may be recoverable from the at-fault driver, which brings us to the last option.
Fourth: the at-fault driver personally
An uninsured driver still owes you what they cost you. No insurance policy does not mean no liability.
Realistically, many uninsured drivers have limited assets, and a judgment against someone with nothing is worth little. But this should be evaluated rather than assumed. Some uninsured drivers own property, have real income, or turn out to be covered by a policy nobody initially identified. A judgment in Michigan is also enforceable for years and can be renewed.
This is also the route for excess damages: economic losses beyond what the Assigned Claims Plan or any available coverage pays.
One requirement applies to any claim against the driver for pain and suffering: your injuries must meet Michigan’s serious impairment threshold, which is measured by your changed life, not the name of your diagnosis.
If you were uninsured too
A separate question, and a common one. If you were driving your own uninsured vehicle when someone else hit you, Michigan law limits what you can recover from the at-fault driver, but it does not eliminate your case, and the scope of that limit is currently being challenged in the courts.
The deadlines are the real danger
More viable claims are lost to timing than to lack of coverage. In broad terms:
- Assigned Claims Plan notice: one year from the date of the accident (MCL 500.3174)
- No-fault PIP benefits: one year, with important nuances (MCL 500.3145)
- Negligence claim against the at-fault driver: generally three years
- Uninsured motorist claim: whatever your policy says, which may be shorter than any of the above
These run at the same time, and they do not wait while you figure out whether you have a case. The one-year deadlines in particular arrive much faster than most people expect.
The bottom line
“The other driver had no insurance” describes one missing source of recovery. It does not describe all of them.
Between contested coverage denials, your own UM coverage, the Assigned Claims Plan, and the driver personally, there are usually several places to look. The mistake is concluding there is nothing there before anyone has actually looked, and letting a one-year deadline pass while that assumption goes unexamined.
Talk to someone about your case
I am a Michigan and Ohio trial attorney handling auto negligence and no-fault cases, including uninsured motorist claims and Assigned Claims Plan benefits. If you were injured by an uninsured driver, or have been told there is no coverage available, it costs nothing to have your options reviewed. Given the one-year deadlines involved, it is worth doing sooner rather than later.
This article discusses Michigan law as of July 2026 and is general information, not legal advice. It does not create an attorney-client relationship. Coverage questions and deadlines depend on the specific facts and policy language in each case, and outcomes vary. Results in past cases do not guarantee a particular outcome in any other case. Attorney advertising. Gary Safir is a trial lawyer at Morgan & Morgan’s Detroit office.