How to Protect Your Rights When the At-Fault Driver Flees the Scene

By Dodd B. Fisher Law
Rearview mirror with a man hit by a car

Being involved in a car accident is a stressful and often traumatic experience, but when the at-fault driver flees the scene, it adds another layer of difficulty and uncertainty. Hit-and-run accidents are unfortunately common, and they can leave victims feeling helpless.  

Thankfully, there are legal steps you can take to protect your rights and pursue justice, even if the other driver is nowhere to be found. At Dodd B. Fisher Law, our knowledgeable attorneys possess the experience, resources, and strategic approach to fight for our clients' rights every step of the way, allowing them to focus on recovery. Schedule a free consultation today at our Michigan offices in Grosse Pointe Woods & Fort Gratiot to learn how we can assist you.

What Is a Hit-and-Run Accident?

A hit-and-run occurs when a driver involved in an accident leaves the scene without stopping to offer aid, exchange information, or report the incident to law enforcement. Under Michigan law, leaving the scene of an accident is a serious offense with steep penalties, including fines, license suspension, and potential imprisonment. Whether the accident caused property damage, injuries, or a fatality, every driver involved has a legal duty to stop and remain at the scene. 

Steps to Take After a Hit-and-Run Accident

If you're the victim of a hit-and-run accident, taking immediate action is critical to protecting your rights and gathering evidence that could aid your case. 

1. Prioritize Your Safety and Seek Medical Attention

First and foremost, prioritize your safety. If you're injured, call 911 or seek medical assistance immediately. Even if you feel fine, it's important to have a medical professional check for injuries that may not be immediately apparent. 

2. Contact Law Enforcement

File a police report as soon as possible. Provide them with any details about the fleeing driver or vehicle, such as the make, model, color, or license plate number. A police report is essential for documenting the accident and initiating an investigation. 

3. Gather Evidence at the Scene

If it’s safe to do so: 

  • Take photos of the damage to your vehicle, the accident scene, and any visible injuries. 

  • Look for surveillance cameras nearby (on businesses, homes, or traffic lights) that may have captured the incident. 

  • Speak to witnesses and ask for their contact information, as their statements may be valuable later. 

4. Notify Your Insurance Company

Contact your insurance provider to report the accident and provide them with all relevant details. Michigan is a no-fault insurance state, which means you can file a claim under your personal injury protection (PIP) coverage for medical expenses, lost wages, and other benefits, regardless of who was at fault. 

Pursuing Compensation in a Hit-and-Run Case

Facing the aftermath of a hit-and-run accident can feel overwhelming, especially when the responsible driver is unknown. However, even in these challenging circumstances, you are not without recourse. Our legal team is dedicated to guiding you through your options for seeking the compensation you rightfully deserve. 

Uninsured Motorist (UM) Coverage

While Uninsured Motorist (UM) coverage is not mandatory in Michigan, we strongly recommend its inclusion in your policy. This vital coverage serves as a critical safety net, offering financial protection when the at-fault driver either lacks insurance or, as in the case of a hit-and-run, cannot be identified. If you have UM coverage, it may provide compensation for your medical expenses, lost wages, and other damages that arise from the negligence of an unidentified hit-and-run driver, so you are not left to bear these burdens alone. 

Personal Injury Protection (PIP) Benefits

Michigan’s no-fault insurance system is designed to provide immediate support after an accident, regardless of who was at fault. This means you can confidently access Personal Injury Protection (PIP) benefits through your own insurance policy. These comprehensive benefits are critical for covering the many costs associated with your recovery, including: 

  • Medical expenses: All necessary and reasonable medical treatments, hospital stays, and ongoing care. 

  • Rehabilitation costs: Physical therapy, occupational therapy, and other rehabilitative services vital to your healing process. 

  • Wage loss: Compensation for income lost due to your inability to work after the accident. 

  • Replacement services: Reimbursement for expenses incurred when you need help with ordinary household tasks you can no longer perform, such as cleaning, yard work, or childcare. 

Our firm is here to help you with filing these claims, making sure you receive every benefit you are entitled to under your policy. 

Legal Recourse

Should the negligent driver responsible for your hit-and-run accident ultimately be identified, a new pathway for justice opens. Our firm is prepared to take decisive legal action by filing a personal injury lawsuit on your behalf. This allows us to pursue additional damages beyond those covered by PIP, such as: 

  • Pain and suffering: Compensation for the physical discomfort, emotional distress, and mental anguish caused by your injuries. 

  • Other non-economic losses: Damages for the impact the accident has had on your quality of life, including loss of enjoyment of life and disfigurement. 

Our attorneys will meticulously investigate your case, build a robust claim, and tirelessly advocate to hold the negligent driver fully accountable for their actions and the devastating impact they have had on your life. We are committed to securing the maximum compensation to facilitate your recovery and make ure justice is served. 

Michigan Laws on Hit-and-Run Accidents

Michigan law is clear about the obligations of drivers involved in an accident: 

  • Duty to stop: Drivers must stop at the scene of an accident, provide reasonable assistance to anyone injured, and exchange information, including name, address, and vehicle registration number. 

  • Penalties: Leaving the scene of an accident can result in: 

  • Misdemeanor or felony charges: This depends on the severity of the damages or injuries 

  • Fines: up to $5,000 or more 

  • Prison sentences: Up to 15 years in prison if the accident caused a fatality 

  • Statute of Limitations: Michigan law generally provides a three-year window to file a personal injury lawsuit following an accident; however, hit-and-run cases can involve additional complications. Working with an attorney early can help you meet all legal deadlines. 

How Dodd B. Fisher Law Can Help

If you’ve been the victim of a hit-and-run accident, you don’t have to face the aftermath alone. At Dodd B. Fisher Law, we understand the challenges of dealing with the legal and insurance systems after such an incident. We are here to: 

  • Provide comprehensive legal advice tailored to your case 

  • Investigate the circumstances of the accident 

  • Pursue all available forms of compensation, including insurance claims and legal action 

Our team is dedicated to protecting your rights and helping you find closure after a traumatic event. 

Don't Face Challenges Alone — We are Here

Don’t wait to take action. Schedule a free consultation with Dodd B. Fisher Law to learn more about your options and how we can assist you during this challenging time. We’ll stand beside you every step of the way to seek justice. Pursue the compensation you deserve after these troubling times. Call now for legal support in Grosse Pointe Woods, Fort Gratiot, and the surrounding areas.