A car hit you. You had no seatbelt, no airbag, no metal frame around you. Just you, the pavement, and a driver who may or may not have stopped. Now you are dealing with serious injuries, mounting medical bills, and a no-fault insurance system that treats pedestrians differently from drivers in ways most people never learn until they are already in the middle of a claim.
Kajy Law handles only accident cases. Our 10 attorneys and 35+ legal professionals have recovered over $100 million for Michigan accident victims, and we work on contingency, meaning no fee unless we recover for you. Call us at 248-702-6641 or contact us online for a free case review.
Injured in an Accident? Call Kajy Law Now!
Does Michigan No-Fault Insurance Cover Pedestrians Hit by a Car?
Yes. Michigan's no-fault system covers pedestrians injured by motor vehicles, but the rules for which insurance policy pays are different for pedestrians than for drivers. If you were hit by a car while walking, your own auto insurance policy pays your PIP benefits first, even though you were not in a vehicle at the time.
Michigan's no-fault law under MCL 500.3101 extends PIP coverage to pedestrians injured in accidents involving motor vehicles. The order of priority for which policy pays depends on your specific circumstances and follows these general rules:
If you have your own auto insurance policy, that policy pays your PIP benefits first, regardless of who caused the accident.
If you have no auto policy of your own, the policy insuring the vehicle that struck you pays next.
If that driver's policy does not apply, coverage may come from the policy of a resident relative in your household who carries auto insurance.
If no applicable coverage exists, the Michigan Assigned Claims Plan provides no-fault benefits as a last resort for Michigan residents.
This order of priority is one of the most misunderstood aspects of Michigan pedestrian accident claims. Getting it wrong means filing with the wrong insurer, triggering delays, and potentially missing deadlines that void your benefits entirely.
Our team identifies the correct priority chain immediately after your first call.
Call us for a free case review.
Past Case Results
Can You Sue the Driver Who Hit You as a Pedestrian in Michigan?
Yes. If the driver's negligence caused your accident and your injuries meet Michigan's serious injury threshold, you may pursue a third-party liability claim against them for pain and suffering in addition to your no-fault PIP benefits. Pedestrians face the same threshold requirement as injured drivers.
Michigan's no-fault system covers medical expenses and lost wages through PIP benefits regardless of fault. But to pursue non-economic damages including pain and suffering, you must demonstrate a serious impairment of a bodily function, permanent serious disfigurement, or death under MCL 500.3135.
Pedestrians who are struck by vehicles frequently sustain injuries that meet this threshold, including fractures, spinal injuries, traumatic brain injuries, and soft tissue damage requiring surgery.
The severity of pedestrian injuries, combined with the clear negligence often involved in these crashes, frequently produces strong third-party claims.
Our team evaluates both your no-fault benefits and your third-party claim potential from the first case review.
Reach out to discuss your case.
What if the Driver Who Hit You Was Uninsured or Fled the Scene?
If the driver who struck you was uninsured or fled without being identified, Michigan's no-fault system still provides coverage for medical expenses and lost wages through the priority chain described above.
For pain and suffering, uninsured motorist coverage on your own auto policy or the Michigan Assigned Claims Plan may apply.
When the at-fault driver had no insurance, these paths become available:
Your own UM coverage, if included in your auto policy, may cover pain and suffering damages up to your policy limits under MCL 500.3009. Michigan does not require drivers to carry UM coverage, but many policies include it.
Michigan Assigned Claims Plan provides no-fault PIP benefits to Michigan residents who have no applicable insurance coverage through the standard priority chain. This program does not provide pain and suffering compensation.
Direct lawsuits against the uninsured driver are available if they are identified, but collecting on a judgment depends entirely on the driver having assets or income to satisfy it.
We have previously recovered $285,000 for a client injured in a hit-and-run accident and $142,000 for a pedestrian struck by a truck resulting in a knee tear.
View our full case results to see what Michigan accident victims have recovered with Kajy Law.
What Compensation Can a Pedestrian Recover After Being Hit by a Car in Michigan?
Michigan pedestrian accident victims may recover compensation through two distinct paths: no-fault PIP benefits and, if the serious injury threshold is met, a third-party liability claim against the at-fault driver. Together these two paths cover a much broader range of damages than either one covers alone.
Through no-fault PIP
Medical expenses. Emergency care, hospitalization, surgery, rehabilitation, and all treatment related to your injuries, up to the limits of your applicable PIP coverage.
Lost wages. A portion of income lost while you are unable to work, subject to your coverage level and a monthly maximum under MCL 500.3107.
Replacement services. Compensation for household tasks you cannot perform during recovery, including cleaning, childcare, and lawn maintenance, up to $20 per day.
Attendant care. If your injuries require in-home care, PIP benefits may cover up to 56 hours per week of attendant care provided by a family member or professional caregiver.
Through a third-party claim against the at-fault driver
Pain and suffering. Compensation for physical pain, emotional distress, and the impact your injuries have on your daily life.
Excess medical costs. Medical expenses beyond your PIP coverage limits, if applicable.
Loss of enjoyment of life. Compensation for activities, hobbies, and experiences your injuries have prevented you from pursuing.
Insurance adjusters routinely undervalue pedestrian injury claims, particularly the non-economic categories. Pedestrian injuries are often severe and long-lasting, and the true value of a claim frequently exceeds what an early offer reflects.
Hear From Our Clients
What if You Were Partly at Fault for the Pedestrian Accident in Michigan?
Being partly at fault does not automatically bar your recovery in Michigan. Under the state's modified comparative fault rule, you may still recover compensation as long as you are found to be 50% or less responsible for the accident.
Michigan's comparative fault framework under MCL 600.2957 reduces your third-party claim recovery proportionally to your share of fault. If you are found 20% at fault, your recovery is reduced by 20%. A claim is barred only if you are found more than 50% responsible.
Importantly, your no-fault PIP benefits are available regardless of fault. Even if you crossed outside a crosswalk, your medical bills and lost wages are still covered through the no-fault system. Fault only affects the third-party claim for pain and suffering.
Note: Michigan has specific pedestrian traffic laws governing crosswalk use, right-of-way, and walking along roadways. An attorney can assess how these laws interact with the specific circumstances of your accident and how they affect the fault analysis in your case.
Talk to our team about how fault applies to your specific situation.
Do We Handle Your Michigan Pedestrian Accident Case?
You may have a strong pedestrian accident claim if a driver's negligence caused your injuries while you were walking, jogging, or otherwise on foot anywhere in Michigan.
Our attorneys handle pedestrian accident cases involving:
- Pedestrians struck in crosswalks by drivers who failed to yield
- Pedestrians hit by distracted, impaired, or speeding drivers
- Hit-and-run accidents involving pedestrians where the driver fled
- Pedestrians struck by commercial trucks or delivery vehicles
- Accidents involving uninsured drivers where UM coverage or the Assigned Claims Plan applies
- Cases where the pedestrian was partly at fault but still has a viable claim
The team handling your case includes Lawrence Kajy, recognized by the National Trial Lawyers Top 40 Under 40 in 2024 and 2025 and featured in the Detroit Legal News.
Preston Denha, our Managing Attorney and a lifelong Metro Detroit resident, focuses on holding insurance companies accountable when they deny or undervalue valid claims. Shawn McKay, our Head of Litigation and a Super Lawyers Rising Star, handles the cases that require a courtroom.
The most direct way to know whether you have a claim is to speak with one of our attorneys. There is no cost and no obligation to move forward.
Ask Kajy Law
What if I was hit by a car while walking and I don't have auto insurance of my own?
If you have no auto insurance of your own, PIP coverage may come from the policy insuring the vehicle that struck you, a resident relative's policy in your household, or the Michigan Assigned Claims Plan if no other coverage applies. You do not need to have your own auto policy to access Michigan no-fault benefits as a pedestrian. An attorney can identify which source applies in your situation immediately.
How long do I have to file a pedestrian accident claim in Michigan?
For no-fault PIP benefits, Michigan law generally requires written notice of your claim within one year of the accident under MCL 500.3145. For a third-party liability claim against the at-fault driver, the statute of limitations is generally three years from the date of the accident under MCL 600.5805. Both deadlines apply independently. Missing either one can eliminate that source of compensation entirely.
Can I still recover if I was crossing outside of a crosswalk when I was hit?
Yes, in most cases. Michigan's no-fault PIP benefits cover pedestrians regardless of where the accident occurred or who was at fault. For a third-party claim, crossing outside a crosswalk may affect the fault analysis under Michigan's comparative fault rules, but it does not automatically bar recovery. As long as you are found 50% or less at fault, a third-party claim remains available, with recovery reduced proportionally to your share of fault.
What if the driver who hit me stopped but claims I walked into traffic?
Disputed liability is common in pedestrian accident cases. Evidence including traffic camera footage, surveillance from nearby businesses, witness accounts, skid mark analysis, and the physical location of impact on the vehicle can all establish what actually happened. We investigate and preserve that evidence immediately. The driver's account alone does not determine fault.
What if a delivery driver or commercial vehicle hit me while I was walking?
Commercial vehicle accidents involving pedestrians may extend liability beyond the individual driver to the company that employed or contracted them. Commercial carriers are also subject to federal FMCSA regulations, and violations of those rules can strengthen a negligence claim significantly. We handle commercial vehicle pedestrian cases as a distinct category with its own evidence and liability strategy.
FAQ for Pedestrian Accident Lawyer in Michigan
How long do I have to file a pedestrian accident claim in Michigan?
For no-fault PIP benefits, Michigan law generally requires written notice within one year of the accident under MCL 500.3145. For a third-party pain and suffering claim, the statute of limitations is generally three years under MCL 600.5805.
Both deadlines are independent and both matter. Missing the one-year no-fault deadline can eliminate your medical and wage loss coverage entirely, even if your third-party claim is still viable. Acting immediately after a pedestrian accident protects both.
What if the pedestrian accident happened at night or in poor visibility conditions?
Visibility conditions affect the fault analysis but do not eliminate recovery. Drivers in Michigan have a duty to operate safely under all conditions, including darkness, rain, and snow. A driver who struck a pedestrian at night may argue reduced visibility, but that argument must be weighed against their duty to drive at a speed and in a manner that allows them to stop safely for foreseeable hazards.
We account for those conditions when building the factual record of your case.
Can a pedestrian file a claim if they were struck on private property?
Yes. Michigan's no-fault law covers pedestrians injured by motor vehicles on both public roads and private property, including parking lots, driveways, and commercial properties. The coverage rules and priority chain remain the same regardless of where the accident occurred.
The specific facts of the accident, including the driver's conduct and the pedestrian's location, still affect the fault analysis for any third-party claim.
What if my child was hit by a car while walking to school in Michigan?
Pedestrian accident claims involving minors follow the same no-fault framework, but there are additional considerations including the statute of limitations, which is tolled for minors in Michigan until they turn 18. That means the three-year filing window for a third-party claim may not begin running until the child reaches adulthood.
No-fault PIP benefits are still subject to standard deadlines regardless of the claimant's age. An attorney can assess the full timeline for a minor's claim.
Does it matter whether the pedestrian accident happened in Detroit, Southfield, or another Michigan city?
The applicable Michigan statutes are statewide, but local factors including traffic ordinances, crosswalk regulations, and the specific roads involved can affect the fault analysis. Cases in high-pedestrian-traffic areas of Detroit, for example, may involve different traffic patterns and evidence sources than suburban accidents.
Our firm serves pedestrian accident victims throughout Michigan and accounts for local road conditions and ordinances in every case we investigate.
Related Resources from Kajy Law
These pages may be helpful depending on your situation:
- Michigan Car Accident Lawyers — How our team handles crash claims and insurance disputes across Michigan.
- Understanding Personal Injury Protection (PIP) in Michigan — A detailed explanation of how Michigan no-fault PIP benefits work, including the pedestrian priority chain.
- What If I Was Hit by an Unlicensed Driver? — How Michigan law handles crashes involving drivers without a valid license.
- Michigan Hit-and-Run Accident — Your rights and options if the driver who struck you fled the scene.
- Case Results — Outcomes our firm has achieved for Michigan accident victims including pedestrian cases.
- Contact Kajy Law — Reach our team directly.
You Were on Foot. The Law Still Protects You.
Michigan's no-fault system was built to cover accident victims quickly regardless of fault. For pedestrians, that protection exists but the path to accessing it is more complicated than most people realize. The wrong insurer, a missed deadline, or a misunderstood priority chain can cost a pedestrian accident victim thousands of dollars in benefits they were entitled to from the start.
Lawrence Kajy published research on Michigan's No-Fault Act during his legal education and has built a firm around understanding exactly how that system works in practice, including for pedestrians.
Preston Denha has spent his career ensuring that insurers cannot use procedural complexity to avoid paying valid claims. Shawn McKay handles the cases that require a courtroom when a fair result cannot be reached any other way.
Our Southfield office serves pedestrian accident victims throughout Michigan. We offer free consultations, work on contingency, and our team is available seven days a week. No fee unless we recover for you.
Call Kajy Law at 248-702-6641 or contact us online to schedule your free case review.
Kajy Law Firm 18000 W Nine Mile Rd #1400, Southfield, MI 48075