Legal Options After a Hit-and-Run Crash Involving a Rental Car
Getting into any kind of auto accident can be frustrating, but when it’s a hit-and-run involving a rental car, the legal and insurance questions quickly multiply. Under Michigan’s no-fault laws, there are certain protections for injured parties, but hit-and-run collisions require careful action with an experienced personal injury attorney.
At Schefman & Associates, PC, we’ve helped many clients throughout Bloomfield Hills, Michigan, who were injured in these situations. We understand how these cases can feel even more uncertain than a typical crash, especially when you’re not driving your own vehicle and the other driver disappears.
If you’ve been hurt in this type of crash, your rights may depend on the terms of your rental agreement, your personal auto insurance policy, and the kind of injuries you sustained. We’re here to break it down and explain your legal options, starting from the moment the accident happens.
What Makes Hit-and-Run Accidents With Rental Cars Unique?
Rental cars add a layer of complication to hit-and-run crashes. In Michigan, every vehicle on the road is required to carry no-fault insurance, and rental companies typically provide some level of coverage. However, that coverage is often limited, and what applies will depend on how you rented the vehicle and what insurance policies were active at the time.
In a hit-and-run crash, you don’t have the option of filing a claim against the at-fault driver’s insurance—because they left the scene. If you were in a rental car during the accident, we’ll need to look at other avenues for compensation, including your own auto insurance or additional protection purchased through the rental agency.
As personal injury lawyers, we work to piece together all available coverage so you don’t miss out on the help you deserve.
Michigan’s No-Fault Insurance System
Michigan operates under a no-fault insurance system, which means that, regardless of who caused the crash, each person typically turns to their own insurer to cover medical expenses, lost wages, and certain other damages. This also applies when a hit-and-run occurs, even if you were driving a rental car.
If you carry Michigan no-fault coverage through your own vehicle, that policy will usually extend to cover your injuries while you were driving a rental.
However, if you don’t have your own coverage—or were visiting from another state—you may need to rely on the rental company’s policy or the Michigan Assigned Claims Plan. Sorting this out early is critical to your personal injury claim.
Steps to Take After the Crash
Time is important after a hit-and-run. The sooner you act, the better chance we have of identifying useful evidence and securing your right to recover damages. If you’re physically able to do so, take these steps right after the accident:
Call 911 immediately: A police report is essential for establishing the facts of a hit-and-run crash.
Get medical help: Whether you feel seriously hurt or not, seek care right away. Medical records support your personal injury claim.
Gather information: Take photos of the scene, the rental car, and anything that might identify the other driver, such as vehicle debris or surveillance cameras nearby.
Notify the rental company: They need to know what happened and may guide you on how to file an initial claim.
Report the crash to your insurer: Let your personal auto insurance carrier know you were involved in a hit-and-run, even if you weren’t in your own car.
These early steps matter. We’ve seen too many cases where delay or confusion gave the insurance company room to reject a claim. As personal injury attorneys, we know how to preserve every shred of proof to build a strong case.
Rental Car Coverage and Limits
Most rental car agencies offer several types of insurance protection. Whether you accepted or declined these at the counter affects how much coverage you have available. These options may include:
Loss Damage Waiver (LDW) or Collision Damage Waiver (CDW): These typically apply to property damage to the rental car, not your personal injury.
Supplemental liability protection: This may cover injuries to others if you're at fault, but not necessarily your own.
Personal accident insurance: Covers some medical expenses and accidental death for renters and passengers.
Personal effects coverage: Applies to stolen belongings, not injuries.
In a hit-and-run, these protections often fall short. That’s why we turn to your personal auto insurance or the Michigan Assigned Claims Plan if no other coverage applies. We regularly assess which policies offer the best chance at compensation and help you avoid unexpected out-of-pocket costs.
Personal Injury Protection (PIP) in Michigan
Michigan’s PIP benefits can be a major asset after a hit-and-run crash. These benefits cover:
Medical expenses
Lost wages (up to 85% for up to three years)
Replacement services (like household help if you’re injured)
Attendant care
Funeral and burial costs if the crash is fatal
The availability of these benefits depends on your insurance status. If you’re uninsured or were visiting from out of state, your options may be more limited—but not impossible. We help clients explore every route under Michigan’s personal injury law to tap into the coverage they need.
When You Can Sue for Pain and Suffering
Michigan’s no-fault system doesn’t automatically allow for compensation for pain and suffering. But in certain cases, you can step outside the no-fault rules and file a lawsuit for noneconomic damages. This applies when:
Your injuries are serious and long-term
You suffer a permanent disfigurement or loss of bodily function
The crash results in death
If you meet these thresholds, you may sue the at-fault driver. But in a hit-and-run, identifying that driver is the challenge. If the other driver can’t be found, your only recourse for noneconomic damages may be through uninsured motorist coverage—if you have it.
That’s why our legal strategy always starts with identifying every possible source of compensation. In personal injury law, missing a detail like this can make or break your case.
What Compensation May Cover
When we pursue a personal injury claim after a hit-and-run involving a rental car, the damages may include:
Hospital bills, surgery, medication, and rehabilitation
Lost wages and reduced earning ability
Pain and suffering
Emotional distress
Loss of enjoyment of life
Disability or disfigurement
Out-of-pocket expenses related to your recovery
Even if the other driver is never located, you may still be entitled to all or most of these under your insurance policy, rental coverage, or through a court-ordered payout. We don’t give up on a case just because it starts with uncertainty.
When the Michigan Assigned Claims Plan Applies
If no insurance applies—yours, the rental company’s, or anyone else’s—you may qualify for benefits through the Michigan Assigned Claims Plan (MACP). This state-run program provides access to limited PIP benefits for those injured in car crashes when no other coverage is available.
The MACP isn’t automatic, and the application process requires careful documentation. We help our clients meet the deadlines and gather the necessary evidence, so their personal injury claims aren’t delayed or rejected unfairly.
Pursuing Justice Beyond Insurance
When a hit-and-run driver is later identified and arrested, you may have a new legal option: suing that driver directly for your injuries. Even if the individual doesn’t have insurance, a court can issue a judgment against them.
While collecting from an uninsured driver can be difficult, some victims still find satisfaction in holding the driver accountable. In certain cases, restitution may be available through the criminal court process. We pursue all angles, and if we can link the driver to the crash, we act quickly to protect your right to file suit before the statute of limitations runs out.
Timing Matters in Michigan
Under Michigan law, personal injury lawsuits related to car accidents must be filed within three years of the crash. However, insurance claims under PIP coverage must be made much sooner—often within one year. If you wait too long, you risk losing your right to compensation.
We always encourage clients to contact us as soon as possible after a hit-and-run. Time affects evidence, witness memory, and how willing insurers are to cooperate. The sooner we can start, the stronger the case we can build.
Contact Us Today
At Schefman & Associates, PC, we know that being involved in a hit-and-run crash is upsetting enough on its own. Located in Bloomfield Hills, Michigan, we serve clients throughout Oakland County, Wayne County, Macomb County, and Washtenaw County. Call today.
