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Uninsured Motorist Coverage and The Damages to Recover


Accidents happen every day. Nobody can predict when an accident may happen. However, even if you cannot predict when the accident may happen, you may at least prepare for it. 

In the article series Uninsured Motorist Coverage in Michigan, we have discussed the more important aspects of insurance coverage in the State of Michigan. 

To reiterate, in the United States, accidents are the third leading cause of death. For people between the age of 25 to 44, it is often the cause of death. Of course, this is why it makes sense to have a comprehensive insurance policy that could cover your needs, or your family’s needs when an accident happens.

Here at Haque Legal, it is our goal to make sure that you have the protection you need in times of trouble. We want to answer all of your questions and therefore we have created this article series that would discuss everything you need to know about car insurance coverage in the state of Michigan. 

In this part, we continue our discussion on Everything You Need To Know About Car Insurance Coverage in Michigan: Uninsured Motorist Coverage. Let us continue

Damages To Recover

Certain damages may be recovered in a Michigan uninsured motorist claim. Typically a person can claim the same as the damages that can be recovered against an at-fault driver in a liability negligent claim. 

Just ask what you would see in the case of liability negligence claim the damages that are recoverable under the uninsured motorist claim in Michigan can include the damages for the pain and suffering of the injured party as well as the loss of enjoyment of life that is a result of the injuries. 

Pain and Suffering

It is important to note that it is under Michigan law that pain and suffering damage claims are subject to specific rules and not always available for everyone injured at the time of the accident.

Excess of Personal Injury Protection (PIP) Benefits

The damages that are recoverable in a Michigan uninsured motorist claim will also include the expenses that exceed the amount of the personal injury benefits allowed under the injured person’s no-fault insurance policy.

Application of the No-Fault Law

Michigan residents that are injured in auto accidents can typically recover from their protection insurance (PIP) no-fault benefits. Regardless of who was at fault at the time of the crash, it is typical that the no-fault coverage from their insurance and the protection benefits that they offer can be used by the person injured. The application of the no-fault law applies since there is no need to impute damages to another person. 

The benefits for the claim could also include the coverage for the accident-related income loss that could last up to three years from the time of the accident. The coverage for the injured person’s medical expenses and income loss claims are also payable through the no-fault insurance coverage.

What is included in the Uninsured Motorist Coverage?

Uninsured motorist coverage covers the extent of the injured person’s medical expenses that exceed the cap for the new fault medical expense coverage. 

To simplify, it would still be your no-fault insurance coverage that would pay the damages and your needs for medical attention as well as your loss income but any existing medical expenses and income loss claims that exceed the capped no-fault medical expense coverage can be made part of your uninsured motorist coverage. This is also the case in income loss that exceeds the 3-year maximum period available through the no-fault insurance coverage.

What happens to the uninsured driver?

This question is one of the hardest to answer because if the driver is uninsured he will most probably do a hit and run and you will not even be able to go after him. Generally, however, an investigation will ensue and the authorities will look at the video coverage of security cameras as well as other evidence that can be used against the driver.

The case of hit and run is a very serious case that is taken in Michigan. Given the freedom given to drivers at the level of the no-fault insurance coverage, such that there is no need to place blame on anybody or any person to get a claim from the insurance, a case of hit and run or not getting the right insurance is taken very seriously and strictly by the State of Michigan. A person who violates the no-fault law would have to face charges. This would be discussed in another part of this series.

Contact Your Insurance Company

If you have been involved in a car collision in Michigan, make sure that you are protected. By contacting your insurance company, you will have what you need in terms of their decision and see if they just need a little nudge in the right direction.

If the answer of the insurance company is not positive on your claim, then you need to make sure that you will get going with your complaint.

A lawyer can help you get started with your claim. A lawyer at Haque Legal will see to it that your needs are met from beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.


The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.

Let us help you out

If you are having trouble with filing an insurance claim or have been in an auto accident in Michigan, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.

The post Uninsured Motorist Coverage and The Damages to Recover appeared first on Haque Legal.

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