You did everything right. You carried insurance, followed the rules, and then someone with no coverage hit you and left you to figure out what comes next. In Michigan, roughly one in five drivers on the road is uninsured.
If one of them caused your accident in Oak Park or anywhere in Oakland County, the path to compensation runs through your own policy, and navigating that path without legal help costs most victims money they never recover.
Our uninsured motorist accident lawyers serve Oak Park residents and families throughout Oakland County and the broader Detroit Metro area. 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!
What Happens If You Are Hit by an Uninsured Driver in Oak Park?
When an uninsured driver causes your accident in Michigan, your own no-fault PIP coverage pays for medical expenses and lost wages regardless of the other driver's insurance status.
For pain and suffering damages, your uninsured motorist coverage, if you carry it, becomes the primary path to recovery. If the at-fault driver is identified, you may also sue them directly, though collecting on that judgment is often difficult.
Michigan is a no-fault state, which means your personal injury protection coverage pays your medical bills and a portion of lost wages through your own insurer first, regardless of who caused the crash. That coverage does not depend on the other driver having insurance.
For non-economic damages, including pain and suffering, the situation is more complex. Michigan does not require drivers to carry uninsured motorist coverage, so whether that path is available depends on your specific policy.
Our team reviews your policy immediately during the initial case evaluation to identify every available source of recovery.
Call us for a free case review.
Hear From Our Clients
Why Does Having a Lawyer Change the Outcome of an Uninsured Motorist Case in Oak Park?
An uninsured motorist claim is a claim against your own insurer, and your insurer's interest is not the same as yours. Without legal representation, most victims accept less than their policy allows, miss internal deadlines that void coverage, or overlook sources of recovery that apply to their situation.
Here is where legal representation makes a concrete difference:
Policy notice deadlines can void your UM claim entirely. Michigan auto insurance policies may include contract language requiring written notice within 30 days of an accident involving an uninsured driver to preserve your right to UM benefits. This deadline is separate from Michigan's legal statute of limitations and is not disclosed prominently. Missing it can eliminate your UM coverage regardless of how clear-cut your claim is. We review your policy immediately and ensure every internal deadline is met.
Your own insurer will not advocate for you. When you file a UM claim, your insurance company steps into the shoes of the at-fault driver and defends against your claim just as aggressively as any opposing insurer would. Adjusters are trained to minimize UM payouts. Legal representation changes that dynamic from the first filing.
Multiple sources of recovery may apply simultaneously. No-fault PIP, UM coverage, a direct lawsuit against the uninsured driver, and the Michigan Assigned Claims Plan can all apply in different combinations depending on your situation. Missing any one of them is money that does not get recovered.
Suing the uninsured driver directly requires strategy. You can sue an uninsured driver, and a judgment against them is enforceable. However, most uninsured drivers lack the assets to satisfy a judgment. We assess the at-fault driver's actual financial situation before recommending litigation as a primary strategy, rather than pursuing it reflexively and wasting time and resources.
Reach out before any deadlines pass.
What Coverage Options Are Available After an Uninsured Driver Accident in Michigan?
After an accident with an uninsured driver in Oak Park, Michigan victims may have access to several distinct sources of recovery. Which ones apply depends on your policy, the circumstances of the crash, and your status at the time of the accident.
No-fault PIP coverage pays for medical expenses and lost wages through your own insurer, regardless of whether the other driver had insurance. This applies in every accident under MCL 500.3101, and it is the first source of recovery in any Michigan accident.
Uninsured motorist coverage pays for pain and suffering and other non-economic damages up to your policy limits. Under MCL 500.3009, UM coverage is optional in Michigan but is included in many policies. If you carry it, a UM claim is filed against your own insurer, which then handles the claim as the at-fault driver's representative.
Underinsured motorist coverage applies when the at-fault driver has some insurance but not enough to cover your damages. UIM coverage on your own policy bridges the gap up to your policy limits.
Direct lawsuit against the uninsured driver is available but practically limited. You may obtain a judgment, but collecting requires the driver to have assets or income sufficient to satisfy it. We assess this option honestly rather than pursuing it when it is unlikely to produce real recovery.
Michigan Assigned Claims Plan applies when you have no applicable insurance coverage of your own and no household member with coverage. This state-administered program may provide up to $250,000 in PIP benefits by assigning your claim to a participating insurer under MCL 500.3172.
Note: Michigan's no-fault reform in 2019 changed PIP coverage levels and options significantly. The benefits available depend on the coverage your policy selected. An attorney can clarify what applies in your specific situation.
Can You Sue an Uninsured Driver Directly in Michigan?
Yes, but the practical value of that lawsuit depends entirely on whether the uninsured driver has assets or income to satisfy a judgment. Filing a suit is straightforward. Collecting is not.
Most uninsured drivers in Michigan are uninsured because they cannot afford coverage or have been deemed uninsurable. That same financial reality often means they have limited assets.
A judgment against them may be uncollectable in any meaningful timeframe, and pursuing litigation as the primary strategy can consume time and resources without producing real recovery.
Under Michigan law, uninsured drivers also face severe consequences in accidents they cause. They are excluded from receiving no-fault PIP benefits themselves, even if they were not at fault under MCL 500.3113. Their license and registration may be suspended if they do not satisfy a judgment within 30 days.
Our attorneys assess the at-fault driver's actual situation before recommending litigation as a primary path. In many cases, the most effective strategy combines a UM claim against your own policy with targeted litigation against the uninsured driver when there is a realistic prospect of collection.
Talk to our team about which combination of options applies to your situation.
Do We Handle Your Oak Park Uninsured Motorist Case?
You may have a strong uninsured motorist claim if a driver without insurance caused your accident in Oak Park or the surrounding Oakland County area and your injuries meet Michigan's serious injury threshold for non-economic damages.
Our attorneys handle uninsured motorist cases involving:
- Crashes on Greenfield Road, Nine Mile Road, Ten Mile Road, or near the I-696 corridor in Oak Park
- Accidents where the at-fault driver was identified but carried no insurance
- Hit-and-run accidents where the driver was never found and UM coverage applies
- Cases where an at-fault driver's coverage was insufficient, triggering UIM coverage
- Situations where the Michigan Assigned Claims Plan is the applicable source of benefits
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, has focused his career 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 which options apply to your situation is to speak with one of our attorneys. There is no cost for that conversation and no obligation to move forward.
Ask Kajy Law
What if I don't have uninsured motorist coverage on my policy in Michigan?
Without UM coverage, your no-fault PIP still covers medical expenses and lost wages through your own policy. For pain and suffering, you may still be able to sue the uninsured driver directly.
If you have no applicable insurance of your own and no household member with coverage, the Michigan Assigned Claims Plan may provide PIP benefits. An attorney can identify which of these paths applies to your specific situation.
How long do I have to file an uninsured motorist claim in Michigan?
Michigan's statute of limitations for a UM claim is generally three years from the date of the accident under MCL 600.5805. However, your insurance policy may impose much shorter internal deadlines, sometimes as little as 30 days for written notice of the claim.
Missing a policy deadline can void your UM coverage regardless of the legal statute. Contact an attorney immediately after the accident to protect every deadline.
What if the uninsured driver who hit me had a suspended or revoked license?
A suspended or revoked license does not change your right to pursue compensation. It may, however, affect the owner of the vehicle the driver was operating. In Michigan, a vehicle owner who knowingly lends their car to an unlicensed or suspended driver may share liability for the crash.
We investigate ownership and lending circumstances as a standard part of every uninsured driver case.
Can my insurance company raise my rates after I file an uninsured motorist claim?
Filing a UM claim after an accident caused by an uninsured driver generally should not result in a premium increase under Michigan law, since you were not at fault. However, the practical impact depends on your specific insurer and policy terms. We can help you understand what to expect before you file.
What if I was a passenger in someone else's car when the uninsured driver hit us?
As a passenger, you may have access to the vehicle owner's no-fault PIP coverage, your own policy if you have one, or the Michigan Assigned Claims Plan if no applicable coverage exists.
UM coverage from the vehicle you were riding in may also apply for pain and suffering damages, depending on the policy terms. Passenger uninsured motorist cases are fact-specific and benefit from immediate legal review.
FAQ for Uninsured Motorist Accident Lawyer in Oak Park, MI
How long do I have to file an uninsured motorist claim in Michigan?
Michigan's general statute of limitations for a UM claim is three years from the accident under MCL 600.5805. Your policy's internal notice requirements may be far shorter, sometimes 30 days or less.
Missing an internal policy deadline can void your UM coverage permanently, regardless of the legal filing window. Acting immediately after the accident is the only way to protect both deadlines. An attorney can identify every applicable deadline within the first case review.
What if the uninsured driver who hit me was driving someone else's car?
The vehicle owner may share liability for the crash, particularly if they knew or should have known the driver was uninsured, unlicensed, or otherwise unfit to drive. Michigan law allows claims against both the driver and the vehicle owner in appropriate circumstances.
We investigate ownership, registration, and the circumstances of the driver's access to the vehicle as a standard part of our case evaluation.
Does the Michigan Assigned Claims Plan cover pain and suffering?
The Michigan Assigned Claims Plan provides no-fault PIP benefits, which cover medical expenses, lost wages, and replacement services. It does not provide pain and suffering compensation, which falls under a third-party liability claim or UM coverage. If the at-fault driver is identified and uninsured, a direct lawsuit against them is the path to pain and suffering recovery when no UM coverage applies.
What happens if the uninsured driver does not pay the judgment against them?
If you obtain a judgment against an uninsured driver who fails to pay within 30 days, their driver's license and vehicle registration may be suspended by the Michigan Secretary of State under MCL 257.503. That suspension continues until the judgment is satisfied or payment arrangements are made.
While this creates pressure on the driver, it does not guarantee collection. An attorney can advise whether post-judgment collection efforts are worth pursuing based on the driver's actual financial situation.
Can I file both a UM claim and a lawsuit against the uninsured driver at the same time?
Yes, in most cases both paths can be pursued simultaneously, subject to your policy terms. Any recovery from the direct lawsuit may affect the amount owed under your UM policy, since insurers typically have subrogation rights.
Coordinating both claims correctly requires careful legal strategy. Our team manages both tracks to avoid duplication and ensure the best combined outcome.
Related Resources from Kajy Law
These pages may be helpful depending on your situation:
- Oak Park Rideshare Accident Lawyer — How uninsured or underinsured rideshare drivers affect your claim.
- Oak Park Drunk Driving Accident Lawyer — How impaired driving cases in Oak Park affect liability and recovery.
- What If I Was Hit by an Unlicensed Driver? — How Michigan law handles crashes involving drivers without a valid license.
- Michigan Car Accident Lawyers — How our team handles crash claims and insurance disputes across Michigan.
- Case Results — Outcomes our firm has achieved for Michigan accident victims.
- Contact Kajy Law — Reach our team directly.
You Followed the Rules. We Make Sure That Counts.
One in five drivers on Michigan roads is uninsured. That is not a statistic most Oak Park drivers think about until they are sitting at the scene of an accident realizing the driver who just hit them has no coverage.
At that moment, the decisions made in the next 24 to 48 hours, including which deadlines get met and which sources of recovery get identified, determine what your family actually recovers.
Lawrence Kajy built this firm because he saw what happened when accident victims tried to navigate these situations without real legal support.
Preston Denha has spent his career ensuring that insurance companies, including your own, cannot use technicalities to deny valid claims. Shawn McKay takes the cases that require a courtroom.
Our office is in Southfield, minutes from Oak Park, and we serve clients throughout Oakland County 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