Getting hit by a driver with no insurance feels like being victimized twice—first by the collision, then by learning the at-fault driver can't pay for your injuries. In Ann Arbor and across Michigan, thousands of drivers operate illegally without insurance coverage, leaving responsible motorists vulnerable. At Logeman & Iafrate, P.C., our attorneys have spent over 45 years fighting to protect victims of uninsured drivers, ensuring they receive the compensation they need to recover.
How Michigan's Uninsured Motorist Coverage Works
Uninsured motorist (UM) coverage protects you when you're injured by a driver who carries no auto insurance. Under Michigan law, all auto policies must offer UM coverage unless you explicitly reject it in writing. This coverage typically mirrors your liability limits—if you carry $250,000 in liability coverage, you'll have up to $250,000 in UM coverage.
UM coverage applies when:
- The at-fault driver has no insurance policy
- The at-fault driver flees the scene (hit-and-run)
- You're struck by a stolen vehicle driven by someone other than the owner
- The at-fault driver's insurance company becomes insolvent
Your UM coverage pays for damages your own Personal Injury Protection (PIP) benefits don't cover—most importantly, pain and suffering, excess wage loss, and economic damages beyond your PIP limits.
The Serious Impairment Threshold Still Applies
Even though you're filing a claim against your own insurance company, Michigan's threshold injury requirement still governs UM claims. You must prove your injuries constitute a "serious impairment of body function"—an objectively manifested impairment of an important body function that affects your general ability to lead your normal life.
Insurance companies frequently deny UM claims by arguing injuries don't meet this threshold. They'll claim you've returned to normal activities, that your injuries resolved quickly, or that pre-existing conditions explain your complaints. Our attorneys know how to document threshold injuries and overcome these denial tactics.
Common Challenges in Ann Arbor Uninsured Motorist Claims
UM claims present unique obstacles that standard third-party claims don't:
Identifying the uninsured driver. In hit-and-run accidents, you may not know who struck you. Michigan law requires you to report the accident to police within 30 days and cooperate with your insurer's investigation. Your insurer may deny the claim if you can't provide specific details about the phantom vehicle.
Proving fault when the other driver disappeared. Without the at-fault driver present to assign liability, your own insurer will scrutinize whether you share fault. Witness statements, accident scene photos, and police reports become critical evidence.
Fighting your own insurance company. The same company that sent you holiday cards and cashed your premium checks will now treat you like an adversary. They'll deploy the same claim denial tactics they use against strangers—hiring defense medical examiners, surveillance investigators, and aggressive attorneys to minimize what they owe you.
Policy interpretation disputes. Insurance companies exploit ambiguous policy language to deny coverage. They'll argue exclusions apply, that you didn't comply with notification requirements, or that your UM limits are lower than you believe.
What Compensation Can You Recover?
Uninsured motorist coverage provides compensation for:
- Pain and suffering for the physical pain and emotional distress caused by your injuries
- Excess economic damages including medical bills and wage loss beyond what your PIP benefits cover
- Permanent impairment compensation for lasting disabilities that affect your quality of life
- Loss of consortium for the impact on your relationship with your spouse
Your recovery is limited to your UM policy limits. If you carry $100,000 in UM coverage, that's your maximum recovery regardless of injury severity. This underscores the importance of purchasing adequate coverage when selecting your auto policy.
Can You Also Sue the Uninsured Driver?
Yes. Even while pursuing your UM claim, you maintain the right to sue the at-fault driver personally. However, uninsured drivers typically lack assets to pay a judgment. Most victims focus on maximizing their UM recovery rather than pursuing a defendant who can't pay.
In some cases, other parties may share liability—a bar that overserved a drunk driver, a vehicle owner who lent their car to an uninsured driver, or a municipality that created dangerous road conditions. Our attorneys investigate all potential sources of compensation beyond your UM coverage.
Time Limits for Uninsured Motorist Claims in Ann Arbor
You must notify your insurance company of a potential UM claim within a reasonable time after discovering the other driver is uninsured—typically within one year for no-fault benefits. For the UM claim itself, Michigan's three-year statute of limitations applies from the accident date.
However, your policy may impose shorter deadlines for providing notice, submitting documentation, or filing suit. Missing these deadlines can forfeit your entire claim. Contact an attorney immediately after learning the at-fault driver carries no insurance.
Why Uninsured Motorist Cases Require Experienced Attorneys
UM claims combine the complexity of proving liability and threshold injuries with the challenge of fighting your own insurance company. Insurers defend these claims aggressively because they're paying from their own funds, not passing costs to another company.
At Logeman & Iafrate, P.C., we've recovered millions in UM benefits for Ann Arbor clients. We know the tactics insurers use to deny legitimate claims, and we're prepared to take your case to trial when your insurer won't offer fair compensation. Insurance companies know we won't back down—and that preparation shows in our results.
Protecting Yourself from Uninsured Drivers
The best protection is purchasing adequate UM coverage before an accident occurs. Review your auto policy today. If you rejected UM coverage to save money on premiums, consider reinstating it. The modest cost is worthwhile protection against Michigan's thousands of uninsured drivers.
If you've been injured by an uninsured driver in Ann Arbor, don't navigate this complex claim alone. Your insurance company has lawyers protecting its interests—you need experienced advocates protecting yours.
Get the UM Benefits You're Entitled To
Being hit by an uninsured driver shouldn't leave you paying for someone else's negligence. At Logeman & Iafrate, P.C., we fight to maximize your uninsured motorist recovery and hold your insurance company accountable for the benefits you've paid for.
Call us today at (734) 994-0200 or fill out our online contact form to schedule a free consultation at our Ann Arbor office. We handle UM claims on a contingency-fee basis—you pay nothing unless we win your case. Let us fight by your side to secure the compensation you need and deserve.
Frequently Asked Questions About Uninsured Motorist Claims
What's the difference between uninsured and underinsured motorist coverage in Michigan?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all or in hit-and-run accidents. Underinsured motorist (UIM) coverage applies when the at-fault driver carries insurance, but their policy limits are insufficient to cover your damages. Both protect you from inadequately insured drivers, but they apply in different scenarios. Michigan policies typically offer both coverages together.
My insurance company is treating me like I'm lying about the hit-and-run. What can I do?
Insurance companies routinely investigate hit-and-run claims aggressively, sometimes implying the accident never happened or that you're somehow at fault. Document everything—photos of vehicle damage, the accident scene, your injuries, witness statements, and police reports. Provide detailed information about the phantom vehicle's description, direction of travel, and circumstances. An experienced attorney can help you present compelling evidence and counter your insurer's skepticism.
What if I was partially at fault for the accident with an uninsured driver?
Michigan follows modified comparative negligence rules. If you're found 50% or less at fault, you can still recover UM benefits, but they'll be reduced by your percentage of fault. If you're more than 50% at fault, you cannot recover. Insurance companies often exaggerate your comparative fault to reduce what they owe. Our attorneys fight these arguments to minimize any fault allocation against you.
Can I stack my UM coverage if I have multiple vehicles?
It depends on your policy language. Some Michigan policies allow stacking—combining the UM limits from multiple vehicles you insure. Others include anti-stacking provisions limiting recovery to one policy's limits. Review your policy carefully, and consult an attorney if your insurer denies stacking when your policy appears to allow it. Policy interpretation disputes often determine the total compensation available.
Will filing a UM claim increase my insurance rates?
Generally no, but it varies by insurer. UM claims where you weren't at fault typically shouldn't increase premiums—you're claiming benefits you've paid for to cover another driver's negligence. However, some insurers may increase rates after any claim. Michigan law prohibits insurers from canceling your policy solely for filing a UM claim. Don't let fear of rate increases prevent you from pursuing compensation you're entitled to receive.









