- March 19, 2021
Leaving the scene of an accident can carry severe penalties, especially if anyone is injured in the incident. Severe injuries can change misdemeanor charges into felony charges. This blog discusses the charges, fines, insurance implications, and other critical factors when drivers leave an accident scene.If you leave an accident scene for any reason, consult the car accident lawyers at Goodman Acker P.C. Speaking with a lawyer is highly beneficial and will go a long way to limit the impact that leaving an accident scene might have on your insurance benefits. Call us today at 248-286-8100 to schedule a free case review with one of our attorneys.
Why Should You Contact Goodman Acker P.C.?
After an accident, you might assume that dealing with your insurance company should be easy and that you’ll receive your benefits once you file a claim. But it does not always work like that, especially if you leave the accident scene. But with our car accident attorneys, you stand a better chance of obtaining a favorable outcome.
At Goodman Acker P.C., we have a 99% success rate and work tirelessly to represent our client’s interests.
Our lawyers have years of experience representing accident victims with insurance claims. We will dedicate our skills, knowledge of Michigan’s no-fault insurance laws, and resources to representing you. Contact us at 248-286-8100 to learn more about our services.
What Is a Driver’s Responsibility After a Car Accident in Michigan?
Under Michigan’s law, drivers involved in an accident must stay at the scene, regardless of fault, if there is property damage or injuries, impairment of a body function, or death. When the police arrive at the crash site, drivers must provide their . . .
- Name and address
- License plate number
- Driver's license information.
If you do not own the car, you are to give the police the name and address of the vehicle’s owner. You risk getting penalized if you do not do any of these and leave the scene.
What Are the Legal Implications of Leaving the Scene of an Accident?
Drivers involved in an accident are expected to stay at the scene. However, moving vehicles off of a highway to a safer spot or a marked crash investigation site on the road may be necessary. Drivers may also need to leave to contact emergency services. In cases where injuries occur, drivers are expected to seek emergency assistance.
You leave the scene of an accident if you fail to report it when there’s property damage or injury and you go away. Doing this is a crime under Michigan law, and it has consequences.
Michigan's penalties for leaving an accident scene increase with the severity of the incident:
- Leaving the scene of an accident involving property damage is a misdemeanor with a penalty of up to 90 days in jail and a fine of up to $100 or both.
- Leaving the scene of an accident with injuries is a misdemeanor with steeper penalties of up to one year in jail, a fine of up to $1,000, or both. The Michigan Secretary of State can also suspend the person's driver's license. This includes accidents with another vehicle or with a pedestrian.
- Leaving the scene of an accident with serious injuries leading to disabilities or death may result in felony charges with up to five years’ imprisonment, a fine of up to $5,000, or both. If the driver is found to be at fault, penalties can increase to 15 years of prison, a fine of up to $10,000, or both. This can include accidents with another vehicle or with a pedestrian.
Only the driver of the vehicle involved in the accident faces potential charges. Passengers may be obligated to report the accident if the driver fails. Drivers may face additional charges with separate penalties stemming from the accident if they're under the influence of alcohol or drugs, they're driving recklessly, the victim dies, or other aggravating factors are present.
Does Insurance Pay Benefits When Someone Leaves the Scene of an Accident?
Car insurance companies look at two different scenarios when it comes to leaving the scene of an accident. Either the policyholder left the scene of an accident or was involved in an accident where someone else left the scene. Regardless of the circumstances, be sure to take steps to mitigate risk.
Policyholder Leaves the Scene
If you're at fault for an accident and leave the scene, your car insurance should cover damages and injuries up to policy limits. However, this may not be the case if your policy has a provision that prohibits leaving the scene of an accident or other exclusions. Reporting a crash to your insurance company is crucial regardless of the circumstances. Drivers who leave the scene of an accident can also face exemplary damages in a lawsuit.
Other Driver Leaves the Scene
If you're a victim of an accident where the driver leaves, your insurance will step in since the other party is unknown. If the person who left the scene were also responsible for the accident, your bodily injury insurance coverage wouldn't apply since you're not at fault. Uninsured motorist coverage kicks in at that point if you have it.
Uninsured motorist coverage is an optional but essential element of every Michigan auto insurance policy. Michigan's no-fault insurance laws changed in July 2020, lowering minimum injury coverage. Drivers need to be sure to carry adequate uninsured and underinsured motorist coverage.
Auto insurance policies may have strict requirements for covering accidents where the responsible party leaves the scene. You might have to file a police report as soon as possible and report the crash to your insurance company within 24 hours. Also, uninsured motorist coverage will typically only cover injuries.
If you have collision coverage, it will cover property damage to your vehicle. Note that circumstances can get very complicated, especially if the responsible party fled the scene and is being sought by authorities. So, protect your rights by consulting with our Michigan personal injury lawyer.
What's the Difference Between a Hit and Run and Leaving the Scene of an Accident?
These terms are often used interchangeably, but the terms sometimes apply to different circumstances. Hit and run accidents often involve the driver’s fleeing the scene of an accident with another vehicle without notifying the other party or the authorities.
Leaving the scene of an accident refers to drivers who leave if there’s a damaged property or injury without reporting to the police or rendering assistance. This is why someone not at fault for an accident can be guilty of leaving the scene. Witnesses or bystanders at the scene aren't required to stay by law, but they often do to seek emergency services or provide first aid.
What If You Return After Leaving the Accident Scene?
Returning to the scene after leaving can be a mitigating factor, as the sooner the failure to stay at the scene is resolved, the better. A driver may panic after an accident and leave. It is, however, permissible to leave for safety reasons, like traffic or a possible explosion, and sometimes a driver may need to seek help or get a cell phone signal.
Requirements for staying at the scene are higher when injuries or death occur. In accidents with only property damage, drivers may proceed to the nearest safe place to stop without blocking traffic. For drivers who leave the scene out of fear or shock, their return can be a mitigating factor the court can consider. This could lower fines and penalties. Drivers may also have the defense that they were seeking a safe place to pull over and could not do so, then returned to the scene.
What Happens if You Leave the Scene of a Car Accident FAQs
The criminal nature and the civil aspect of leaving a crash scene often lead to questions. Below are some of the frequently asked questions.
What Happens If I Leave the Scene of an Accident?
If you leave an accident scene, you will face criminal penalties, which could be jail time or a fine, and, in some cases, both.
Will Leaving an Accident Scene Affect My Insurance Benefits?
No. Since Michigan is a no-fault state, you can get benefits even if you leave the scene of an accident. However, if your insurance company has a policy against it, you may lose your benefits.
What Will My Insurance Cover If I Leave the Scene of an Accident?
If you have personal injury protection as part of your no-fault insurance coverage, it will pay for your medical treatment and some of your lost wages. However, depending on your case, you may need other insurance coverage, like uninsured motorist coverage, which only pays for injuries.
Do I Need a Car Accident Lawyer If I Get in a Crash Where the Driver Leaves the Scene?
Not really. However, you need a lawyer to provide legal guidance and representation if required. Also, a lawyer will help you protect your rights.
Were You Involved in an Accident? Book a Free Consultation With Our Car Accident Lawyer
Michigan laws on auto insurance liability are evolving. Also, personal injury cases involving a driver who left the accident scene may become complex. Whatever the case, our Grand Rapids car accident lawyers at Goodman Acker P.C. will work tirelessly to get you the best possible outcome.
So, if you or a family member suffered injuries from an accident in the Grand Rapids area or any other part of Michigan, contact our office at 248-286-8100 for a free consultation.