by How to Get Paid for Bodily Injury Damages in Michigan When the At-Fault Driver Is Uninsured or Underinsured
By Steinberg Goodman Law PLLC — experienced Michigan personal injury attorneys who fight to protect accident victims.
When someone’s careless driving causes serious injury, one of the first questions our clients ask is:
How do I get paid for my bodily injury damages if the at-fault driver has no insurance or not enough insurance?
In Michigan, your ability to recover depends on whether the driver who caused the crash carried valid auto insurance — and whether your own policy includes uninsured or underinsured motorist coverage (often called UM or UIM).
Below, the legal team at Steinberg Goodman Law PLLC explains how these claims work, the steps to take after an accident, and why prompt legal guidance can make all the difference in the outcome of your case.
Understanding Michigan’s Requirements for Auto Insurance
Michigan law requires every driver to carry liability insurance to pay for the injuries or damages they cause. Unfortunately, many drivers ignore this law or carry only the minimum coverage — which often doesn’t come close to covering the cost of serious injuries.
That’s where uninsured/underinsured motorist coverage comes in. UM and UIM coverage are optional and contractual — meaning they must be purchased as part of your own auto policy. If you have this coverage, your insurance company steps in to pay for your injuries when the at-fault driver has no insurance or too little insurance to fully compensate you.
Timing is critical. Michigan’s courts often apply a three-year statute of limitations to personal injury claims involving UM or UIM coverage, and your policy may have even shorter notice requirements. Speaking with an attorney at Steinberg Goodman Law PLLC as soon as possible can help ensure you meet all legal and contractual deadlines.
How to Recover for Bodily Injury Damages
1. Get Medical Care and Keep Thorough Documentation
Seek medical attention immediately after a crash, even if you think your injuries are minor. Consistent treatment and complete medical records are essential for proving your injuries and demonstrating how the accident has impacted your life.
Provide your attorney with copies of your medical bills, treatment notes, and any documentation showing time missed from work or changes in your daily activities.
2. Report the Accident and Notify Your Insurance Company
Always file a police report after a collision to create an official record of the event. Then notify your insurance company about the accident.
Your insurer may ask you to sign documents or provide statements. Before signing anything, talk to your lawyer — these forms can affect your ability to recover under your UM or UIM coverage. Steinberg Goodman Law PLLC regularly helps clients communicate with insurers and ensure that all notice requirements are properly met.
3. Determine Whether the Other Driver Is Uninsured or Underinsured
An uninsured driver carries no valid liability insurance.
An underinsured driver has insurance, but the coverage limits are lower than the value of your total losses.
Once the at-fault driver’s insurance information is confirmed, your attorney can determine whether to pursue a UM claim (if the other driver has no insurance) or a UIM claim (if the driver’s insurance is insufficient).
If you did not purchase UM/UIM coverage, recovery may be limited to what can be collected from the at-fault driver personally — and in most cases, uninsured or underinsured drivers lack the assets to pay substantial judgments. That is why Steinberg Goodman Law PLLC strongly recommends adding UM/UIM coverage to every Michigan auto policy.
4. File a UM or UIM Claim Through Your Own Policy
If you have UM or UIM coverage, you can submit a claim to your own insurance company to recover compensation under the terms of your policy.
Each policy has unique terms, notice deadlines, and exclusions. Steinberg Goodman Law PLLC reviews every detail of your insurance contract to ensure your claim is properly preserved and presented. Our attorneys handle the communication, documentation, and negotiation process directly with your insurer, allowing you to focus on recovery.
5. Prove the Full Extent of Your Damages
Successfully recovering under UM or UIM coverage requires clear evidence of both fault and the impact of your injuries. This includes:
- Medical documentation and treatment history,
- Employment records verifying lost wages,
- Expert testimony about ongoing pain, limitations, or future care needs,
- Personal statements describing how your injuries have affected your quality of life.
Our firm builds each case carefully — combining medical evidence, economic analysis, and a clear legal strategy to pursue maximum compensation.
6. Be Aware of Legal Deadlines and Notice Requirements
Michigan’s three-year personal injury statute of limitations often applies to UM and UIM claims, but your insurance policy may include shorter notice provisions or specific timeframes for filing a written demand.
Missing these deadlines can bar your right to recover. The attorneys at Steinberg Goodman Law PLLC ensure your claim is filed on time, properly documented, and fully supported by the evidence.
7. Negotiate — or File Suit if Necessary
Most uninsured and underinsured motorist claims resolve through negotiation, but insurance companies often attempt to undervalue or deny valid claims.
When that happens, Steinberg Goodman Law PLLC is ready to litigate. We are experienced trial lawyers who hold insurance carriers accountable and fight for the full measure of compensation you deserve. Our goal is simple: to protect your rights and maximize your financial recovery.
Common Pitfalls That Can Limit Your Recovery
- Failing to purchase UM/UIM coverage, leaving you exposed to uninsured and underinsured drivers.
- Missing policy notice deadlines or delaying your claim.
- Failing to obtain strong medical documentation supporting your injuries.
Example Scenarios
The following examples demonstrate the importance of protecting yourself by purchasing both UM and UIM coverage.
Driver A – Uninsured:
The at-fault driver has no liability coverage. You file a UM claim under your own auto policy for pain and suffering, medical expenses, and other damages up to your UM policy limit.
Driver B – Underinsured:
The at-fault driver carries only the minimum $50,000 in liability coverage, but your damages total $150,000. After collecting the $50,000 from the at-fault driver’s insurer, your attorney files a UIM claim for the remaining $100,000 up to your UIM policy limit.
Suffice it to say, the more UM and UIM coverage you have on your policy, the more protected you are.
Why Choose Steinberg Goodman Law PLLC
Uninsured and underinsured motorist claims involve complex policy interpretation, evolving case law, and strict procedural requirements. Our attorneys understand how to navigate these cases from start to finish — and how to counter the insurance company’s efforts to limit your recovery.
At Steinberg Goodman Law PLLC, we:
- Identify all available insurance coverage,
- Protect your claim from early denial or delay,
- Gather compelling medical and financial evidence,
- Negotiate strategically and litigate when necessary, and
- Fight tirelessly for every dollar you deserve.
If you or someone you love has been injured by an uninsured or underinsured driver in Michigan, call Steinberg Goodman Law PLLC today for a free consultation. We’ll explain your options, evaluate your coverage, and help you move forward with confidence.
We Tip the Scales and Fight for Every Dollar You Deserve.