Pedestrian Accidents in Michigan: PIP Benefits Even Without Auto Insurance

By Attorney Manny Chahal · Updated 2026 · Reading time: ~6 min

Pedestrians and bicyclists hit by Michigan vehicles get full No-Fault PIP benefits — even if they have never owned a car or paid an insurance premium. The trick is the priority chain in MCL 500.3114 and the Michigan Assigned Claims Plan, which catches you when no other policy will. Here is exactly how it works.

The Big Surprise: Pedestrians Are Covered

Many people assume Michigan No-Fault only covers vehicle occupants. It does not. Anyone struck by a motor vehicle in Michigan — pedestrians, bicyclists, motorized scooter riders, even people sitting on a porch hit by a car that left the road — is entitled to PIP medical, wage loss, replacement services, and attendant care from some auto policy. The system is designed so that nobody hit by a car in Michigan is left to private health insurance alone.

The Priority Chain — MCL 500.3114(1)–(4)

The statute lays out a strict order of priority for pedestrian and bicyclist claims:

1. The pedestrian’s own auto policy, if any. Even though they were not in a car at the time, their own coverage applies first.
2. The auto policy of a resident relative in the same household — spouse, parent, child, or any other family member who lives with the pedestrian.
3. The insurer of the vehicle that struck the pedestrian, if neither (1) nor (2) applies.
4. The Michigan Assigned Claims Plan (MACP) if no other policy is available.

The Michigan Assigned Claims Plan

If the pedestrian has no auto policy, no resident relative with auto insurance, and the striking vehicle is uninsured or unidentified (e.g., hit-and-run), the Michigan Assigned Claims Plan acts as the payer of last resort. MACP claims are filed with the Michigan Automobile Insurance Placement Facility, which then assigns the claim to a participating insurer that handles it as if it were the insurer of record.

MACP claims are subject to important limits:

• $250,000 cap on PIP medical for assigned claims under MCL 500.3172(7) (post-reform).
• 30-day notice requirement under MCL 500.3174 — the application must be filed promptly. While the 1-year rule still applies, MACP carriers often resist late applications harder than primary carriers.
• Strict eligibility — the claim must arise from a Michigan accident involving a motor vehicle.

What PIP Actually Pays for an Injured Pedestrian

The Third-Party Claim Against the Driver

Beyond PIP, the pedestrian has a separate claim against the at-fault driver for pain and suffering and excess economic damages — subject to the threshold injury requirement (MCL 500.3135) of death, permanent serious disfigurement, or serious impairment of an important body function. Most pedestrian-vs-vehicle injuries clear that threshold without difficulty given the physics involved.

If the driver is uninsured or under-insured, the pedestrian’s UM/UIM coverage on their own auto policy (or that of a resident relative) may apply. Stacking, anti-stacking, and household-exclusion clauses make this a heavily litigated area.

Bicyclists: Same Rules Apply

Bicyclists hit by motor vehicles fall under the same MCL 500.3114 priority chain as pedestrians. So do users of standard non-motorized scooters and skateboards. Motorized vehicles (mopeds, motorcycles, e-scooters with electric motors) are treated differently — motorcycles in particular are not motor vehicles for No-Fault purposes when they are stationary, and motorcycle PIP rules in MCL 500.3114(5) follow a different priority chain that puts the motor vehicle insurer first.

Hit-and-Run: How to Preserve Your Claim

If the driver fled and is never identified, MACP becomes the payer. To preserve the claim:

• Call 911 immediately and file a police report. An investigated, documented hit-and-run is essential to the MACP claim.
• Look for surveillance. Doorbell cameras, business CCTV, gas stations. Footage gets overwritten in 7–30 days.
• Identify witnesses. A passing motorist who saw the plate is sometimes the difference between MACP and a primary insurer.
• Get medical attention same day. The medical record contemporaneous to the crash is the foundation of every PIP claim.
• File the MACP application within days. Do not wait for the police investigation to conclude.

Common Mistakes That Cost Pedestrians Their Benefits

• Telling the ER it was a fall, not a vehicle crash. Adjusters use this discrepancy to deny that an auto crash occurred. Be explicit: “I was hit by a car.”
• Filing on private health insurance and ignoring PIP. Health insurance is secondary to PIP for crash-related care. Letting health insurance pay first costs you wage loss, replacement services, attendant care, and the protection of the 1-year-back rule.
• Missing the 1-year notice deadline. Even MACP claims are subject to deadlines. Calendar from day 1.
• Talking to the at-fault driver’s insurer. They will get a recorded statement and quietly use it to undermine your PIP claim.

Frequently Asked Questions