Do I need an lawyer for a civil suit involving a car-accident?

Asked almost 2 years ago - Dearborn, MI

I was traveling down a street, going the speed limit, and I have the right of way. A lady came from an intersection, ran the stop sign and I hit her car with my car. My car is now considered junk and I scraped it. Both of us do not have insurance, but when the police report was made the officer was notifed and she told the officer the IT WAS HER FAULT. She admitted responsibility and I want her to pay me the remainder of the cars value: if not all, some. If I take her to court what do I have to provide in order to win.

Attorney answers (5)

  1. Loren M. Dickstein

    Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered . There may be laws that limit your rights because you did not have insurance. It would be best to consult with an attorney.

  2. James T. Weiner

    Contributor Level 15

    3

    Lawyers agree

    Answered . Get a copy of the police report in which she admitted responsiblity.. that should be enough evidence if he wrote it down (police reports are an exceptiion to hearsay and are not excluded )

    If it is under $5K file a small claims action against the other driver.

    Please note that I answered this question with general knowlege of the law and with limited disclosure from you,... more
  3. Randall Richard Sevenish

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . In this situation you could file a complaint against the other driver. It would probably be in your best interest to have an attorney do this for you. They will determine what court it would be filed in. I would seek an opinion of a local attorney.

    Randy Sevenish is licensed to practice law in the State of Indiana. The laws of your jurisdiction may differ and... more
  4. David J. McCormick

    Contributor Level 20

    3

    Lawyers agree

    Answered . You would the officer’s testimony that she admitted fault at the scene, and you would need someone that can testify about the reasonable value (blue book) of your car on the date of the crash. Hopefully you have pictures of your damaged car. Depending on the amount of your damages you could file a small claims case against her. However, if she did not have insurance she may not have the money to pay you and therefore be uncollectible.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  5. Bret A. Schnitzer

    Contributor Level 16

    Answered . Was the car titled in your name? If so, you have problems with litigation here in Michigan.

    You should consult an attorney in your State at once. Visit our webpage and tell us what you think.... more

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