Detroit Hit and Run Accident Law: What You Need To Know

If you or a loved one was involved in a hit and run accident in the Motor City and the person who hit you fled the scene without stopping, then he or she has violated the Detroit hit and run accident law. A driver who leaves the scene of a crash where someone was injured or killed could be guilty of a felony and sent to prison.

A hit and run accident occurs when the driver who causes the crash flees the scene in order to mask their identity and avoid being held legally and financially accountable for deaths, injuries and/or vehicle damage that resulted from his or her negligent driving.

However, after a car accident in Detroit, the law requires drivers to: (1) stop at the scene; (2) share driver’s license and insurance information with anyone involved in the crash; and (3) help anyone who is injured with “securing medical aid.”

It is a crime to leave the scene of a car crash, and if the fleeing driver caused a fatality, he or she faces up to 15 years in prison and a $10,000 fine.

What to do if you are hit by a driver who flees the scene?

If you are hit by a driver who flees the scene, you should take the following action:

• Seek immediate medical attention for yourself and others
• Call the police
• File a police report right away (and at least within 24 hours)
• Report the accident to your insurer within 30 days
• Report and document ALL of your injuries
• Refrain from making statements or signing releases
• File a No-Fault benefits application with your insurer
• Obtain a copy of your police report
• Attend all medical appointments and diagnostic testing

When the police arrive, you should be ready to provide them with as much as information as possible about the driver who left the scene of the crash. You can/should provide the following if you are able: (1) the driver’s license plate number; (2) the make, model and color of the vehicle; (3) any distinguishing characteristics of the vehicle or the driver; (4) the extent and location of damage on the fleeing vehicle; and (5) a description of the hit-and-run driver.

When should I file my police report?

You should also file your police report within 24 hours. Most auto insurance policies nowadays have very strict – and vigorously enforced – provisions requiring that you file a police report within this 24-hour time frame after a hit and run auto accident. Complying with this 24-hour rule is very important because the failure to timely file the police report will be used by insurers to deny claims and refuse to pay the “uninsured motorist” and/or “underinsured motorist” benefits the insurer would otherwise be legally obligated to pay. Having a claim for “uninsured motorist” or “underinsured motorist” benefits denied after a hit-and-run accident could be devastating for the victim and his or her family because if the fleeing driver is never caught, the victim’s UM or UIM claim will be his or her only way to recover pain and suffering compensation after a car accident.

Similarly, there are requirements for when an insurer must be notified about a hit-and-run accident and when a victim must file his or her application for No-Fault benefits. Many insurers require that victims of hit-and-run crashes make a “written report” to the insurance company within 30 days of the auto accident in order to be eligible to claim benefits under their UM and UIM coverage. And your application for No-Fault benefits must be filed with the responsible auto insurance company within one (1) year of the crash. These benefits will help you pay for your medical bills and lost wages if you are unable to return to work.

Finally, in Michigan, you can sue for a hit-and-run accident in two circumstances: (1) you can sue the hit-and-run driver if the police catch them and they are at-fault for the accident; and (2) you can sue your auto insurer if it denies your “uninsured motorist” benefits claim.

To be clear, leaving the scene of an accident in Michigan is illegal. Not only could the fleeing driver face serious criminal penalties if the police are able to identify and arrest the fleeing driver, but he or she could also be sued for the injuries or death that resulted from the accident that his or her negligent driving caused.