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Can I sue someone for rear ending me while sitting at a red light if I don't have auto insurance?

Detroit, MI |

The person who hit me said that he's covered. The accident happened almost a month ago. I didn't make a police report because the person said he would cover the damages. However, I did go through emergency to make sure myself, my baby, and my passenger were all OK. The person who hit me did not live up to the agreement to this day. Is there anything that I can do?

Attorney Answers 6

Posted

Yes, you can bring a claim against the offending party.

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4 comments

Steven M. Gursten

Steven M. Gursten

Posted

Kevin, you are correct in probably 49 other states. Sadly, Michigan has a law that bars an owner/operator from bringing a third party tort lawsuit. Somehow found constitutional and upheld by the Michigan Supreme Court.

Kevin Coluccio

Kevin Coluccio

Posted

Thanks for the correction.

Steven M. Gursten

Steven M. Gursten

Posted

anytime. always informative to read your answers. always spot-on.

Daniel J. Melican

Daniel J. Melican

Posted

Wrong.

Posted

You cannot. Under Michigan law you cannot sue another driver if you are uninsured. They can, in turn, sue you or their insurer can to recover anything paid out. Very tough law and lesson is that you always must be insured.

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Kevin Coluccio

Kevin Coluccio

Posted

Tim - thanks for the clarification.

Daniel J. Melican

Daniel J. Melican

Posted

Good answer.

Posted

If you were in your owned, uninsured vehicle, no. Under Michigan law, you are required to have your vehicle insured with required coverage that would have provided recourse for your medical bills. If your passenger has motor vehicle insurance or resides with a relative who does, he/she should be entitled to no-fault coverage for medical bills and other covered benefits. Your baby may no-fault recourse as well for medical bills under the no-fault system as well. They also may have a claim against the driver at fault if their injuries are serious enough.

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Daniel J. Melican

Daniel J. Melican

Posted

Good answer. The baby and the passenger can get benefits even if they don't have insurance in their household. The priority would be against the other driver or the Assigned Claims Fund.

Posted

In your state, you must have insurance to do so. Why were you driving without insurance? It's not only illegal, but you put yourself, and others at risk.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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Daniel J. Melican

Daniel J. Melican

Posted

If the passenger or the baby receive benefits you can/will be sued to recoup the cost.

Posted

The short answer is "no". In Michigan, every one who owns a vehicle is required by law to have a no-fault policy. If you borrowed the car from someone else and did use of the vehicle for 30 days, then you would not be considered the owner and you may have some recourse, especially if the actual owner had insurance on the vehicle you were driving. The law is tough on drivers who are involved in accidents regardless of fault. If someone else was hurt in the accident and receives medical treatment you may end up being sued by their insurance company for the costs paid out to cover the injured persons medical care.

Please be advised that there is no attorney-client relationship between us. No attorney-client relationship exists between us until an engagement agreement has been fully executed by both of us. There may be statute of limitations issues and other factors that may impact your legal rights and remedies. The information provided is for educational purposes only and is otherwise not to be relied upon for any purpose.

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Daniel J. Melican

Daniel J. Melican

Posted

Yes.

Posted

No, but your passenger might be able to depending on the severity of her injuries.

Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.

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