Michigan Uninsured and Underinsured Motorist Claim Lawyers

The driver who hit you had no insurance, or carried so little that it ran out long before your medical bills did. Now you are hurt, out of work, and the person responsible has nothing worth collecting. In Michigan, the coverage that protects you in that moment is often your own uninsured and underinsured motorist coverage, and the company standing between you and that money is your own insurer.

At Vahdat Weisman Law, our auto-accident attorneys help injured drivers across Michigan collect the UM and UIM benefits they paid for. From our Livonia office, we read the policy line by line, build the claim, and push back hard when an insurer lowballs or denies it. We work on contingency, so there is no fee unless we recover for you.

Why This Coverage Matters So Much in Michigan

Michigan consistently ranks among the states with the highest share of uninsured drivers in the country. By most estimates, close to one in five Michigan motorists carries no insurance at all. Nationally, the Insurance Research Council reported in 2023 that about one in three drivers is either uninsured or underinsured. Translation: there is a real chance the next driver who hits you cannot pay for the harm they cause.

That is the gap UM and UIM coverage is built to fill. It does not give you unlimited recovery, but within your policy limits it can pay for the losses an uninsured or underinsured driver leaves behind. For many of our clients, it is the difference between a real recovery and absorbing tens of thousands of dollars on their own.

Uninsured vs. Underinsured: Two Different Problems

Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all. It also reaches many hit-and-run cases, where the driver flees and is never identified. In a state where roughly one in five drivers carries no insurance, this is the coverage that answers for the driver who should never have been on the road.

Underinsured motorist (UIM) coverage applies when the at-fault driver does have insurance, but not enough. Since July 1, 2020, Michigan’s default bodily-injury liability limit has been $250,000 per person, though drivers can opt down to as little as $50,000 per person. Picture a driver carrying that $50,000 minimum who causes a spinal injury. The surgeries alone can blow past that number, and UIM coverage is what lets you reach beyond it, up to your own limits.

Both UM and UIM are optional in Michigan. The No-Fault Act does not require either one, so many drivers have no idea what they carry until a crash forces the question. We will pull your declarations page and tell you exactly what protection you have.

How Insurers Use Your Own Policy Against You

• A UM or UIM claim is not a lawsuit against the other driver. It is a claim against your own insurance company under the contract you signed, and that contract is where insurers go looking for a way out. Three traps catch people again and again.
• Hidden deadlines. Because the claim is contractual, the policy can set its own clock. Some Michigan auto policies bury notice or suit deadlines as short as one year, far tighter than the standard window for suing the at-fault driver directly. Michigan does not recognize the “reasonable expectations” doctrine, so courts enforce that fine print as written. Miss it, and the claim can be gone before you knew it was running.
• The consent-to-settle clause. Most UIM policies require you to get your insurer’s written consent before you settle with the at-fault driver. Sign that driver’s release first, and your company can argue you destroyed its right to recover from them and deny your entire UIM claim. Before you sign anything, cash any check, or give a recorded statement, talk to a lawyer.
• The set-off / “reducing” clause. Many Michigan UIM endorsements reduce your UIM limit dollar-for-dollar by the at-fault driver’s liability limit. If you carry $100,000 in UIM and the at-fault driver had $50,000 in liability coverage, the most you may collect from your own UIM is the $50,000 difference, not the full $100,000. The Michigan Supreme Court enforced this kind of reducing clause in Wilkie v. Auto-Owners. Whether your policy is a “difference in limits” or a “damages exceed limits” form changes what you can recover, and we read for that distinction every time.

You Still Have to Prove the Case

UM and UIM coverage pay only what you would have been “legally entitled to recover” from the at-fault driver. That means you still have to prove fault, causation, and damages, just as you would in any injury claim. And to recover for pain and suffering, you must clear Michigan’s tort threshold under MCL 500.3135 by showing death, permanent serious disfigurement, or a serious impairment of an important body function. This coverage is not an automatic payout, and we prepare each claim to meet that standard.

Hit-and-Run and “Phantom” Vehicle Claims

Hit-and-run cases come with their own fine print. Many Michigan UM policies require actual physical contact with the at-fault vehicle, or independent corroboration, before they will pay. If a phantom driver runs you off the road without touching your car, the insurer may deny the claim outright unless you can corroborate it. Most policies also demand a prompt police report, sometimes within 24 hours. After a hit-and-run, call the police immediately, preserve any dashcam footage, and get the names of witnesses, because that evidence is often what makes or breaks the claim.

How UM and UIM Work With No-Fault Benefits

Michigan’s no-fault system still provides first-party benefits after a crash, regardless of fault. But since the 2020 reform, drivers choose their level of PIP medical coverage, from $50,000 (for those on Medicaid) up to unlimited, with a Medicare-based opt-out. If you selected a lower PIP cap, your no-fault benefits may not cover all of your medical care, which makes UM and UIM coverage critical not only for pain and suffering but for excess medical bills and wage loss as well. Coordinating these benefits is part of the strategy, and we handle it deliberately so you collect everything available.

Why Injured Michiganders Trust Vahdat Weisman Law

The proof is in the results. In 2023, founding partner Kara E. Weisman secured a $13 million auto-negligence settlement, reported by Michigan Lawyers Weekly as the second-largest settlement in the state that year. Alongside Jordan S. Vahdat, she built this firm to give injured people the kind of attention and trial readiness that moves insurers.

When you bring us a UM or UIM claim, a partner handles or directly supervises it. We investigate the crash, dissect your policy for every available benefit and every clause an insurer might exploit, and keep you informed in plain language. Because we work on contingency, you pay no attorney fee unless we recover compensation for you.

Frequently Asked Questions

• What if the driver who hit me had no insurance at all? If you carry uninsured motorist coverage, it can pay for injuries the at-fault driver cannot, including many hit-and-run cases, though your policy may require physical contact or corroboration and a fast police report.
• How much can I actually collect under UIM? It depends on your policy. Many Michigan UIM policies subtract the at-fault driver’s liability limits from your UIM limit, so the real number can be smaller than your stated coverage. We read the reducing clause before anyone sets expectations.
• Is UM or UIM coverage required in Michigan? No, both are optional. That is exactly why you should have someone review your declarations page, because insurers will not volunteer coverage you forgot you bought.
• Why do I need a lawyer to claim my own coverage? Because your insurer is reading the same contract looking for a way to pay less, whether that is a short deadline, a consent-to-settle clause, or a set-off provision, we make sure the company honors what you paid for.
• Should I settle with the other driver before calling you? No. Settling with the at-fault driver’s insurer without your UIM carrier’s written consent can wipe out your UIM claim entirely. Call first.

Talk to a Michigan UM/UIM Lawyer Before the Clock Runs

UM and UIM claims turn on policy language and short deadlines, and the wrong move early can cost you the claim. Contact Vahdat Weisman Law in Livonia at (734) 469-4994 for a free, confidential consultation, or reach us through our contact page. There is no cost to talk with us, and no fee unless we win.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.