Hit While Walking or Biking in Downriver? The "No-Fault" Surprise You Need to Know

Spring is finally making an appearance in Downriver. The snow is melting, the days are getting longer, and our neighborhoods are coming back to life. From families walking along the Detroit River in Wyandotte to cyclists hitting the trails in Lower Huron Metropark, people are eager to get outside.

Unfortunately, distracted drivers aren't paying attention to the change in season.

Whether you are crossing a busy intersection on Eureka Road or just jogging through a subdivision in Allen Park, pedestrians and cyclists have zero protection against a 4,000-pound vehicle. When an accident happens, the physical injuries are usually catastrophic.

But as an attorney who has handled these cases for decades, I constantly see victims blindsided by the financial and legal aftermath. Most people assume that if a driver hits you while you are walking, that driver’s insurance automatically pays your medical bills.

In Michigan, that is not how it works. ### The Michigan Pedestrian Paradox: Who Pays Your Bills? Because Michigan is a No-Fault state, the rules for getting your medical bills and lost wages paid (your PIP benefits) are incredibly specific—even if you were a pedestrian or on a bicycle.

If you are hit by a car while walking or biking, here is the order in which you must seek medical coverage:

1. Your Own Auto Insurance Policy Yes, you read that right. Even though your car was parked in your driveway, if you are hit by a car while walking, your own auto insurance policy is the first in line to pay your medical bills and lost wages.

2. A Resident Relative’s Policy If you don't own a car or have auto insurance, but you live with a spouse or a relative who does, their auto insurance policy is next in line to cover you.

3. The Michigan Assigned Claims Plan (MACP) What if you don't own a car, and nobody in your household owns a car? You might think the driver who hit you is finally on the hook. Wrong. You must apply to the state through the Michigan Assigned Claims Plan (MACP). The state will assign an insurance company to handle your medical bills, but your benefits will be strictly capped at $250,000. If you suffer a traumatic brain injury or require multiple surgeries, $250,000 will be exhausted in weeks.

Suing the At-Fault Driver (Third-Party Claims)

The No-Fault benefits described above only cover your medical bills and a portion of your lost wages. They do not compensate you for your pain, suffering, scarring, or the loss of your quality of life.

To get that compensation, we must file a lawsuit against the driver who hit you. But the insurance company will fight back viciously.

The "Darting Out" Defense

Insurance adjusters have a standard playbook for pedestrian accidents. They will almost always try to blame the victim to avoid paying a settlement. They will claim:

• “She darted out from between parked cars.”

• “He wasn't in the crosswalk.”

• “They were wearing dark clothes at night, our driver couldn't see them.”

Michigan uses a "comparative negligence" rule. If a jury believes you were more than 50% at fault for the accident, you get nothing for your pain and suffering. This is why you cannot afford to wait. At Downriver Injury & Auto Law, we act immediately to lock down the evidence. We canvass local businesses for security camera footage that proves you had the right of way. We download the "black box" data from the driver's car to prove they were speeding or didn't hit the brakes until after the impact. We pull the driver's cell phone records to see if they were texting.

We Protect Downriver's Most Vulnerable

Getting hit by a car while simply trying to cross the street is a terrifying experience. You shouldn't have to fight a massive insurance corporation while trying to learn how to walk again.

If you or a loved one has been injured as a pedestrian or cyclist in Wayne County, do not speak to the driver's insurance adjuster. Call us. We know the No-Fault maze, and we know how to hold negligent drivers accountable.

Downriver Injury & Auto Law Elite legal representation, right here in Downriver.