I have been in a ma about 3 ks ago . Standing dead still on the highway due to peak traffic she bashed into me from behind . I

Asked over 1 year ago - Garden, MI

do not have insurance , but have a ams where she admitted fault and that her insurance will settle . I provided all the requested docs within 4 days . They have only registered the claim on Friday in the interim I am driving km peak traffic pd with a damp car ( hatch back does not seal due to damage ) with Ruperta damage a bend sasses etc . To date I have not heard anything from her insurance and her broker is worse than a steel wall . I need this matter resolved and they are just ignoring all calls , ams or emails . Please advise what can I do to get them to expedite . I do not have any other transport

Attorney answers (5)

  1. Steven M. Gursten

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . I am assuming from your question that you live in Michigan. If so, and if you were the owner and were driving the vehicle at the time you were hit, then unfortunately under Michigan law you are barred from suing the wrongdoer driver for your car accident, your injuries, and your vehicle damage. Also since you would be uninsured you are barred from bringing a mini tort or collecting no fault insurance benefits. I know this sounds incredibly harsh, andit is. It is very sad that it happens to drivers who are completely innocent but that is our current law in the state.

  2. George Costas Andriotis

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Consult a lawyer to help you through this difficult time. Insurance companies are notorious for being difficult and for not being understanding. A lawyer will help you through this

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

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Best bet is to hound the adjuster incessantly, or retain a local lawyer for help with this.

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

    Contributor Level 7

    3

    Lawyers agree

    Answered . If you are the driver and owner* of an uninsured car, truck or vehicle*, (this does not apply to motorcycles), you are barred (you cannot) recover compensation for pain and suffering and other Third Party Benefits.

    It must be known that "Owner*" is defined under the No-Fault Law. You are the Owner* if you had use* of the motor vehicle for over 30 days, or if your name is on the title or registration. If your vehicle* was uninsured at the time of the accident, you should contact an attorney because there are certain nuances or exceptions that may apply to allow you to recover. You should never assume just by reading this booklet that you do not have a viable claim.

    Certain individuals are excluded from receiving First Party Benefits:

    1. A car thief;
    2. If the victim is the owner* and driver of an uninsured motor vehicle;
    If you are the driver and owner* of an uninsured car, truck or vehicle*, (this does not apply to motorcycles), you are barred (you cannot) recover compensation for pain and suffering and other Third Party Benefits.

    You also can not get money for the damage of your car. : As of October 1, 2012[1], Michigan’s No-Fault Act’s “mini-tort” claim provisions (MCL 500.3135(3)(e)) will increase the mini-tort limits from $500 to $1,000 in accordance with the recent passage of House Bill 5362.

    In addition, owners or registrants of an uninsured vehicle will no longer be able to recover mini-tort damages to their vehicle from an at-fault driver MCLA 500.3135(4)(e)

    not a complete and all encompassing informative guide to the law. Every year, the Michigan Law changes in some... more
  5. Kevin Coluccio

    Contributor Level 20

    2

    Lawyers agree

    Answered . I am sorry for your situation. You should, at least, contact a lawyer in your community to consult with. Most lawyers will provide a free consultation.

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