You paid your premiums every month and carried the coverage the state requires you to. The driver who hit you did not, and now you are the one sitting with the injuries and bills that are the result of someone else's choice.
Our Southfield uninsured motorist lawyers help injured drivers, passengers, and pedestrians in Southfield and across Oakland County collect when the at-fault driver has no insurance or insufficient coverage.
If you were seriously injured by an uninsured driver or even an underinsured driver, don’t assume you’re out of options. There may still be other sources of coverage or recovery that can help pay for your injuries.
At Kajy Law Firm, we identify every applicable policy, handle the claim with your insurer, and take the at-fault driver to court when appropriate. Kajy Law Firm handles car, truck, and motorcycle accidents only. Call 248-702-6641 or contact us online 24/7 for a free case review.
Table of contents
- Your Own Insurance Company Becomes the Other Side in an Uninsured Motorist Claim
- What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
- What Happens If You Are Hit by an Uninsured Driver in Michigan?
- What Policy Rules Can End a Michigan UM/UIM Claim Early?
- Uninsured Driver Crashes We Handle in Southfield and Oakland County
- Why Injured Drivers in Southfield Choose Kajy Law
- Uninsured Motorist Questions Answered by Our Southfield Accident Attorneys
- Find Out What Coverage You Actually Have
Your Own Insurance Company Becomes the Other Side in an Uninsured Motorist Claim
An uninsured motorist claim is a claim against your own insurer, and the company steps into the role the at-fault driver's insurer would have played. Your insurance company may argue you were partly to blame, question how injured you are, and offer far less than your medical bills, lost wages, and other damages add up to.
Insurers settle differently with represented claimants. Research on injury claims found that people with a lawyer kept close to three times as much after fees were deducted, which is the number that counts when your own carrier is the one writing the check.
We handle these claims as part of our Southfield car accident representation. We take this on from day one:
- Reading your policy and every other policy in your household for coverage you may not know you have
- Proving the other driver had no insurance or not enough of it
- Building the injury case your own insurer will test
- Filing suit or demanding arbitration when the offer is too low
Many policies also send uninsured motorist disputes to arbitration rather than to court, with a private arbitrator determining the value rather than a jury. We prepare the case the same way either way, because the insurer prices your claim on what it expects to face.
You get the same preparation we would bring against any other insurance company, because that is what your insurer becomes in this claim.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
Uninsured motorist coverage applies when the driver who injured you had no liability insurance at all. Underinsured motorist coverage applies when that driver had a policy, but the limits were too small to cover what you lost. Together, these protections are commonly referred to as uninsured/underinsured motorist coverage in Michigan.
Both are optional in Michigan. The state insurance regulator provides information about these coverages, but whether UM or UIM applies depends on the terms of the applicable policy.
| Coverage | When it applies | What it pays |
|---|---|---|
| No-fault benefits (PIP) | Any crash, whoever caused it | Medical care and part of your lost wages |
| Uninsured motorist (UM) | The at-fault driver had no liability insurance | Pain and suffering and other damages the driver owed you |
| Underinsured motorist (UIM) | The at-fault driver's limits ran out | The gap between their limits and your losses |
PIP can pay medical expenses and part of lost wages regardless of fault, subject to the coverage selected and applicable eligibility rules. UM and UIM only apply when that coverage is available under an applicable policy, which is one of the first matters we check when reviewing PIP insurance in Michigan.
Michigan's default bodily injury liability limits include $250,000 per person in liability coverage and $500,000 per accident. A driver can use a state form to select lower permitted limits, including $50,000 per person and $100,000 per accident.
One spinal surgery and three months off work pass $50,000 quickly. That gap is where a Southfield underinsured motorist attorney can help make the difference between a partial recovery and a full one.
What Happens If You Are Hit by an Uninsured Driver in Michigan?
Michigan no-fault benefits may still cover medical expenses and wage loss regardless of fault, but the amount and source of coverage depend on the PIP coverage selected and applicable priority rules. Being hit by an uninsured driver in Michigan does not automatically eliminate those benefits. What may be missing is liability coverage for pain and suffering.
Three routes remain, and which one fits depends on what you bought and who the driver turns out to be.
You carry uninsured motorist coverage
Your own policy pays the damages the at-fault driver owed you, up to the limit you selected. This is the cleanest path and usually the only one that produces real money.
The same injury rule still applies. To collect for pain and suffering, your injuries have to meet Michigan's threshold of a serious impairment of an important body function, permanent serious disfigurement, or death.
You have no uninsured motorist coverage
You can sue the driver personally, and that right is real. Collecting is the hard part, because a person without insurance often has nothing else to take either.
Other defendants sometimes exist. A driver on the clock can put their employer on the hook, and the owner of the car can be liable separately from the person behind the wheel. We look for those before writing a case off, which is why seeking help after a car accident can be important when multiple parties may be responsible.
Nobody can find the driver at all
A crash where the driver leaves is handled differently from one where the driver is uninsured. Our page on when the driver is never identified covers the Assigned Claims Plan and the one-year deadline that comes with it.
Proving the driver was uninsured is its own step. Coverage gets verified through the crash report, the insurer's own records, and, when a company stonewalls, through a lawsuit that forces it to answer.
Each route runs on a different clock and a different set of proof, which is why the first call should happen before you talk to any adjuster.
Talk to a Southfield hit-and-run accident attorney now at 248-702-6641, or contact us online.
What Policy Rules Can End a Michigan UM/UIM Claim Early?
Uninsured motorist coverage is a contract, not a statute, so the fine print in your policy controls it. A Michigan UM/UIM claim can be lost on a rule that has nothing to do with how badly you were injured.
Settling with the at-fault driver without permission
Most policies say you forfeit your uninsured motorist benefits if you settle with the at-fault driver before your own insurer agrees. People sign a small check from the other side and destroy the larger claim without knowing it.
Notice deadlines written into the contract
Many policies require you to report the crash to the insurer within a set number of days, and some require a police report within a day or two. These windows are shorter than any deadline in Michigan law.
A shorter time limit than the law allows
Michigan's statute of limitations gives you three years from the date of the crash to file a personal injury lawsuit against the driver who hit you. Your uninsured motorist claim runs on a different clock, because it comes from your insurance contract rather than from state law, and many policies require you to file that claim in a shorter window. Courts enforce the deadline the policy sets.
Uninsured Driver Crashes We Handle in Southfield and Oakland County
Michigan sees hundreds of thousands of crashes a year in state traffic data, and a share of those drivers are carrying nothing. We take these cases anywhere in Michigan, and these are the situations we see most:
- Crashes on freeways such as I-696, the Lodge, and the Southfield Freeway
- Intersection collisions at busy corners like Telegraph and Twelve Mile
- Drivers struck by someone whose policy lapsed weeks before the crash
- Passengers injured in a friend's car with no coverage of their own
- Pedestrians and cyclists hit on roads such as Greenfield, Evergreen, and Lahser
Coverage questions also arise with company trucks and rental fleets, where self-insured vehicles work differently again. When a case goes to suit, crashes in this area are usually filed in Oakland County Circuit Court in Pontiac, where our attorneys appear regularly.
Why Injured Drivers in Southfield Choose Kajy Law
People hire us because this is the only kind of law we practice. Car, truck, and motorcycle accidents are all we do.
- More than $100 million recovered for Michigan accident victims
- More than 5,000 cases handled, with 150+ years of combined experience
- Free consultations, and we come to your home or hospital room
- No fee unless we win your case
Lawrence Kajy founded the firm after watching other offices let files sit and take the first offer on the table.
He studied at Wayne State University and the University of Detroit Mercy School of Law, where he published a law review article on the future of Michigan's no-fault act. He has been selected to the National Trial Lawyers Top 40 Under 40 and to Super Lawyers.
"My experience with this law firm has been great. They always kept me informed. They always took time out to walk me through any questions or issues I may have been having. I recommend Kajy Law Firm to you if you've been in an accident." — Alfreda D.
Past results do not predict what your case will bring, but they do show our dedication to fighting for outcomes that our clients need. Talk to us about your Southfield uninsured driver accident at 248-702-6641.
Uninsured Motorist Questions Answered by Our Southfield Accident Attorneys
How much does an uninsured motorist lawyer cost in Southfield?
We work on a contingency basis, so you pay us nothing unless we win your case. This approach allows everyone access to quality legal representation regardless of their financial situation. We also advance the costs of the case, including filing fees, medical records, and any doctors who testify.
How do I know whether I have uninsured motorist coverage?
The coverage appears on your policy's declarations page, and the wording varies between providers. We can review your policy along with every other policy in your household, because a spouse's or parent's policy may provide coverage the injured person never knew existed.
Will my premium go up if I file a claim against my own insurer?
Not necessarily. Whether a claim affects your premium depends on the circumstances and your insurer's approved rating rules. Filing a UM claim does not automatically mean your rate will increase.
Can I make an uninsured motorist claim if I was a passenger?
You may be covered by more than one policy. Passengers can often claim under the driver's uninsured motorist coverage, under a policy in their own household, or both. We check each one before anything is filed.
Does my uninsured motorist coverage protect my family?
Most policies cover your spouse and the relatives who live with you, including when they are walking or riding in someone else's car. Coverage can extend to a child away at college or a relative who keeps a car elsewhere, depending on how the policy defines a household member.
What if the other driver showed me an insurance card?
A card proves very little on its own, because policies lapse for missed payments while the card stays in the glove box. We confirm whether coverage was active on the date of your crash before treating the claim as an uninsured one.
I was on my motorcycle when an uninsured driver hit me. What applies?
If a car or truck was involved, Michigan's no-fault priority rules determine which auto insurer pays PIP benefits. The insurer of the vehicle's owner or registrant is generally first in line, followed by the vehicle operator's insurer and then certain auto insurers connected to the motorcycle rider or owner. A motorcycle policy itself is not the source of PIP benefits, which is why it is important to understand how the no-fault law cover motorcycle accidents.
Find Out What Coverage You Actually Have
The driver who hit you had no insurance, but that does not mean there is no money behind your claim. There may still be other sources of coverage or recovery, and finding them takes someone who reads policies for a living.
We will tell you which coverages apply to your crash, what each one is worth, and what your own insurer is likely to argue. You will get a straight answer about whether a claim is worth bringing.
Kajy Law Firm, PLLC is at 18000 W Nine Mile Rd, Suite 1400, Southfield, MI 48075. Call 248-702-6641 day or night, or reach us through our online contact form. There is no fee unless we win.