The At-Fault Driver Had No Insurance or Not Enough. Here’s How You Still Recover.

Every year in Michigan, drivers are seriously hurt by uninsured or underinsured motorists. The at-fault driver walks away from the scene, and the injured person is left to figure out how to pay for the damage that person caused. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage exists specifically for this situation it steps into the shoes of the driver who either had no insurance or not enough. But recovering under UM/UIM coverage isn’t automatic. Insurers including your own fight these claims. Scott Reizen has spent over two decades on both sides of these disputes, and he knows how to win them.

What Michigan Law Says About UM/UIM Coverage

UM/UIM coverage is not mandatory in Michigan. Drivers can purchase it and Scott strongly recommends doing so but many don’t. If you carried it, your own policy is the vehicle for recovery when the at-fault driver is uninsured or their liability limits are insufficient to cover your damages.

Uninsured Motorist coverage activates when the at-fault driver had no liability insurance at all, or in hit-and-run situations where the at-fault driver cannot be identified. Underinsured Motorist coverage applies when the at-fault driver had insurance, but their policy limits are lower than your damages.

UM/UIM coverage generally allows you to recover the same categories of damages you could have sought from the at-fault driver directly: noneconomic losses like pain and suffering (provided you meet the serious impairment threshold under MCL 500.3135), excess economic losses, and in some cases, losses not fully covered by your PIP benefits. Your own no-fault PIP benefits are still available for medical and wage loss, UM/UIM is not a substitute for PIP.

Where a policy covers multiple vehicles, stacking of UM/UIM limits may be available if the policy permits it. This can meaningfully increase the coverage available to you.

Under MCL 600.5805, the personal injury statute of limitations is three years from the date of the crash. However, your UM/UIM policy may contain its own contractual notice and arbitration provisions. Missing those can cost you coverage even when you have a valid claim. Read your policy better yet, let Scott read it.

How UM/UIM Claims Work in Michigan

The unsettling reality of a UM/UIM claim is that you are effectively in a dispute with your own insurance company. You paid premiums for this coverage. Now your insurer is on the other side of the table, evaluating whether to pay and how much.

That conflict of interest produces the same tactics you’d see from any liability insurer. Your own company will investigate whether the at-fault driver was truly uninsured. They’ll examine the extent of your injuries and whether you meet the serious impairment threshold. They’ll assess liability, including whether you bore some share of fault. If the at-fault driver is underinsured, your insurer will scrutinize the underlying liability case and may argue that the at-fault driver’s policy wasn’t fully exhausted.

Many UM/UIM policies require arbitration to resolve coverage disputes. Arbitration is not informal, it follows rules of evidence and requires the same preparation as litigation. An insurer with experienced arbitration counsel and an injured person representing themselves is not a balanced proceeding.

In hit-and-run cases, most policies require that there be some physical contact between the unidentified vehicle and your vehicle, or in some circumstances, corroborating evidence. Know what your policy requires before you assume coverage applies.

What The Reizen Law Group Does Differently

Scott knows that a UM/UIM claim requires fighting your own insurer, and that most people find that disorienting. They feel like they shouldn’t have to fight the company they’ve been paying premiums to. That instinct is right, but it doesn’t change the reality of how these claims are handled.

Having spent years in the insurance defense world, Scott understands how insurers value UM/UIM claims internally. He knows the arguments they use to challenge whether coverage applies and how they justify low settlement offers. He knows how arbitration panels think and what evidence is most persuasive in that setting.

He also helps clients understand what their policy actually says. UM/UIM policies vary significantly, in their limits, their stacking provisions, their arbitration requirements, and their definitions of “uninsured” and “underinsured.” Before you can pursue the claim effectively, you have to understand exactly what you’re working with.

They trained him to defend these claims. Now he fights them.

Common UM/UIM Claim Scenarios

  • Hit-and-run crashes: At-fault driver flees; UM coverage is the primary recovery path
  • Uninsured driver crashes:At-fault driver had no liability insurance at all
  • Underinsured driver crashes: At-fault driver’s limits are $20,000, your damages are $200,000
  • Multi-vehicle crashes with uninsured parties: Coverage and priority questions multiply
  • Serious impairment claims under UM/UIM: Must still meet the MCL 500.3135 threshold
  • Wrongful death cases: UM/UIM coverage can be critical when the at-fault driver is uninsured

Frequently Asked Questions

If the other driver was uninsured, can I still recover for pain and suffering?

Yes, through your own UM coverage. UM coverage steps into the shoes of the at-fault driver, allowing you to make the same noneconomic claim you would have made against that driver directly, subject to the serious impairment threshold under MCL 500.3135 and the 50% comparative fault rule under MCL 600.2959. Your own PIP coverage remains your first-party source for medical and wage loss.

Does my own insurer really fight UM/UIM claims?

Yes. When you make a UM/UIM claim, your insurer becomes your adversary on the amount you’re owed, even if the coverage obligation itself isn’t disputed. They have the same financial incentive to minimize the payout that any liability insurer has. This is why having your own attorney matters just as much in a UM/UIM claim as in any other.

What does “stacking” mean in a UM/UIM context?

If your policy covers multiple vehicles and permits stacking, you may be able to combine the UM/UIM limits from each vehicle on the policy, multiplying the coverage available. Not all policies allow stacking. Whether stacking applies depends on your specific policy language and Michigan law.

My policy has an arbitration clause. What does that mean?

It means that if you and your insurer disagree on the amount owed under your UM/UIM coverage, the dispute may be resolved through binding arbitration rather than a jury trial. Arbitration has its own rules and procedures. It requires the same serious preparation as litigation, evidence, witnesses, expert testimony.

How long do I have to make a UM/UIM claim?

Michigan’s three-year personal injury statute of limitations under MCL 600.5805 applies. But your policy may also have its own contractual notice and claim requirements. Failing to comply with policy provisions can result in lost coverage independent of the statutory deadline. Contact an attorney early.

What if I didn’t have UM/UIM coverage at the time of the crash?

Your options are more limited. Your own PIP coverage still pays your medical bills and a portion of lost wages. But without UM/UIM coverage, recovering noneconomic damages when the at-fault driver is uninsured is significantly harder. You may have a judgment against the at-fault driver personally, but collecting on it is often difficult.

Talk to Scott

Being hurt by an uninsured or underinsured driver is infuriating you did everything right, and someone else’s failure to carry insurance becomes your problem. Scott Reizen has spent over two decades helping Michigan clients navigate exactly this situation. He knows how UM/UIM insurers think and what it takes to recover every dollar the policy provides. Free consultation, no fee unless we win. Call (248) 554-3440.

UM / UIM Claims

The At-Fault Driver Had No Insurance or Not Enough. Here’s How You Still Recover.

Every year in Michigan, drivers are seriously hurt by uninsured or underinsured motorists. The at-fault driver walks away from the scene, and the injured person is left to figure out how to pay for the damage that person caused. Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage exists specifically for this situation it steps into the shoes of the driver who either had no insurance or not enough. But recovering under UM/UIM coverage isn’t automatic. Insurers including your own fight these claims. Scott Reizen has spent over two decades on both sides of these disputes, and he knows how to win them.

What Michigan Law Says About UM/UIM Coverage

UM/UIM coverage is not mandatory in Michigan. Drivers can purchase it and Scott strongly recommends doing so but many don’t. If you carried it, your own policy is the vehicle for recovery when the at-fault driver is uninsured or their liability limits are insufficient to cover your damages.

Uninsured Motorist coverage activates when the at-fault driver had no liability insurance at all, or in hit-and-run situations where the at-fault driver cannot be identified. Underinsured Motorist coverage applies when the at-fault driver had insurance, but their policy limits are lower than your damages.

UM/UIM coverage generally allows you to recover the same categories of damages you could have sought from the at-fault driver directly: noneconomic losses like pain and suffering (provided you meet the serious impairment threshold under MCL 500.3135), excess economic losses, and in some cases, losses not fully covered by your PIP benefits. Your own no-fault PIP benefits are still available for medical and wage loss, UM/UIM is not a substitute for PIP.

Where a policy covers multiple vehicles, stacking of UM/UIM limits may be available if the policy permits it. This can meaningfully increase the coverage available to you.

Under MCL 600.5805, the personal injury statute of limitations is three years from the date of the crash. However, your UM/UIM policy may contain its own contractual notice and arbitration provisions. Missing those can cost you coverage even when you have a valid claim. Read your policy better yet, let Scott read it.

How UM/UIM Claims Work in Michigan

The unsettling reality of a UM/UIM claim is that you are effectively in a dispute with your own insurance company. You paid premiums for this coverage. Now your insurer is on the other side of the table, evaluating whether to pay and how much.

That conflict of interest produces the same tactics you’d see from any liability insurer. Your own company will investigate whether the at-fault driver was truly uninsured. They’ll examine the extent of your injuries and whether you meet the serious impairment threshold. They’ll assess liability, including whether you bore some share of fault. If the at-fault driver is underinsured, your insurer will scrutinize the underlying liability case and may argue that the at-fault driver’s policy wasn’t fully exhausted.

Many UM/UIM policies require arbitration to resolve coverage disputes. Arbitration is not informal, it follows rules of evidence and requires the same preparation as litigation. An insurer with experienced arbitration counsel and an injured person representing themselves is not a balanced proceeding.

In hit-and-run cases, most policies require that there be some physical contact between the unidentified vehicle and your vehicle, or in some circumstances, corroborating evidence. Know what your policy requires before you assume coverage applies.

What The Reizen Law Group Does Differently

Scott knows that a UM/UIM claim requires fighting your own insurer, and that most people find that disorienting. They feel like they shouldn’t have to fight the company they’ve been paying premiums to. That instinct is right, but it doesn’t change the reality of how these claims are handled.

Having spent years in the insurance defense world, Scott understands how insurers value UM/UIM claims internally. He knows the arguments they use to challenge whether coverage applies and how they justify low settlement offers. He knows how arbitration panels think and what evidence is most persuasive in that setting.

He also helps clients understand what their policy actually says. UM/UIM policies vary significantly, in their limits, their stacking provisions, their arbitration requirements, and their definitions of “uninsured” and “underinsured.” Before you can pursue the claim effectively, you have to understand exactly what you’re working with.

They trained him to defend these claims. Now he fights them.

Common UM/UIM Claim Scenarios

  • Hit-and-run crashes: At-fault driver flees; UM coverage is the primary recovery path
  • Uninsured driver crashes:At-fault driver had no liability insurance at all
  • Underinsured driver crashes: At-fault driver’s limits are $20,000, your damages are $200,000
  • Multi-vehicle crashes with uninsured parties: Coverage and priority questions multiply
  • Serious impairment claims under UM/UIM: Must still meet the MCL 500.3135 threshold
  • Wrongful death cases: UM/UIM coverage can be critical when the at-fault driver is uninsured

Frequently Asked Questions

If the other driver was uninsured, can I still recover for pain and suffering?

Yes, through your own UM coverage. UM coverage steps into the shoes of the at-fault driver, allowing you to make the same noneconomic claim you would have made against that driver directly, subject to the serious impairment threshold under MCL 500.3135 and the 50% comparative fault rule under MCL 600.2959. Your own PIP coverage remains your first-party source for medical and wage loss.

Does my own insurer really fight UM/UIM claims?

Yes. When you make a UM/UIM claim, your insurer becomes your adversary on the amount you’re owed, even if the coverage obligation itself isn’t disputed. They have the same financial incentive to minimize the payout that any liability insurer has. This is why having your own attorney matters just as much in a UM/UIM claim as in any other.

What does “stacking” mean in a UM/UIM context?

If your policy covers multiple vehicles and permits stacking, you may be able to combine the UM/UIM limits from each vehicle on the policy, multiplying the coverage available. Not all policies allow stacking. Whether stacking applies depends on your specific policy language and Michigan law.

My policy has an arbitration clause. What does that mean?

It means that if you and your insurer disagree on the amount owed under your UM/UIM coverage, the dispute may be resolved through binding arbitration rather than a jury trial. Arbitration has its own rules and procedures. It requires the same serious preparation as litigation, evidence, witnesses, expert testimony.

How long do I have to make a UM/UIM claim?

Michigan’s three-year personal injury statute of limitations under MCL 600.5805 applies. But your policy may also have its own contractual notice and claim requirements. Failing to comply with policy provisions can result in lost coverage independent of the statutory deadline. Contact an attorney early.

What if I didn’t have UM/UIM coverage at the time of the crash?

Your options are more limited. Your own PIP coverage still pays your medical bills and a portion of lost wages. But without UM/UIM coverage, recovering noneconomic damages when the at-fault driver is uninsured is significantly harder. You may have a judgment against the at-fault driver personally, but collecting on it is often difficult.

Talk to Scott

Being hurt by an uninsured or underinsured driver is infuriating you did everything right, and someone else’s failure to carry insurance becomes your problem. Scott Reizen has spent over two decades helping Michigan clients navigate exactly this situation. He knows how UM/UIM insurers think and what it takes to recover every dollar the policy provides. Free consultation, no fee unless we win. Call (248) 554-3440.