Skip to main content

I had accident two days ago,and the other driver was her fault. I do not have insurance but she does .

Ypsilanti, MI |

My car has a bigger damage than her.Can they fix my car, and some people told me that she can sue me.

Attorney Answers 8

Posted

Her insurance company should pay for your damages. How can she sue you if she was at fault? Is there a dispute as to who was at fault.

Mark as helpful

3 lawyers agree

3 comments

Steven M. Gursten

Steven M. Gursten

Posted

Kevin you have to be careful with Michigan law questions, it doesn't work the way it does in most other states. see the blog I've attached. Say hi to Karen for me

Kevin Coluccio

Kevin Coluccio

Posted

I reviewed it and almost fell out of my chair. I thought we had a few bad laws, but, this one is way up there in terms of an injustice. I will say hi to Karen. Also, look forward to meeting you in SF if you are planning to attend this summer.

Steven M. Gursten

Steven M. Gursten

Posted

Thanks, I'll be there. Speaking at Belli Seminar and on the motor vehicle track, as well as hanging out with Karen at the TBI exec board meeting, so look forward to meeting you there as well.

Posted

You are completely barred under Michigan law if you are the owner and operator of the vehicle you were driving, and yes, you can be sued too. Here is a blog that explains this dangerous loophole under our law: http://www.michiganautolaw.com/auto-lawyers-blog/2012/02/07/dangerous-nofault-law-loophole/

Mark as helpful

9 lawyers agree

4 comments

Kevin Coluccio

Kevin Coluccio

Posted

Mr. Gursten has explained the law and this dangerous loophole very well in his blog.

Asker

Posted

What about my car who gonna fix it and if she can sue me that means i will pay her damage.

Kevin Coluccio

Kevin Coluccio

Posted

I would consult with a MI attorney.

Timothy J. Klisz

Timothy J. Klisz

Posted

You will fix your own car and pay to fix her car, plus all medical and other benefits. Very tough law without insurance.

Posted

If she was at fault she cannot sue you and yes her insurance pays for your damage.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Mark as helpful

3 lawyers agree

1 comment

Christine Marie Heckler

Christine Marie Heckler

Posted

Not true under MICHIGAN law.

Posted

I would take Mr. Gurstens advice and get a Michigan lawyer to advice you.

Mark as helpful

2 lawyers agree

Posted

Mr. Gursten is right, as usual. While out-of-state attorneys mean well, Michigan law is quite different when it comes to auto accidents and no-fault insurance requirements. I strongly suggest you review the link Mr. Gursten gave you. I wish you luck!

The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.

Mark as helpful

7 lawyers agree

Posted

Best bet is to call one of the lawyers in your state who answered above to look into this.

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

Mark as helpful

4 lawyers agree

Posted

If you do get sued, and you will likely get sued by her insurer, contact me if you need defense coverage. You become your own insurer and need help.

My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.

Mark as helpful

3 lawyers agree

Posted

In Michigan, if you drive without insurance (either on you or on the car), you are at risk for both civil liability and criminal prosecution.

Mark as helpful

2 lawyers agree

1 comment

Kevin Coluccio

Kevin Coluccio

Posted

There are some good blogs on this issue - google the issue.