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I was in a car crash and did not have car insurance and the other driver was at fault who pays for the damage of my car?

Port Huron, MI |

we were on a one way street which has two lanes, i was in the left and he was in the right. he turned into me to turn down the road and hit me. when the cop came i gave him my license and insurance papers, he came back and told me the other driver got the ticket and was at fault. when i got home i called my insurance and found out that i was behind on my payment and wasn't insured. who will pay for my car and can i go to jail for not being insured?

Attorney Answers 5


  1. Make sure that you pay your no fault insurance premiums on time. Michigan law penalizes car owners who let their insurance lapse. So, even though the accident was not your fault, you are not entitled to anything from the other driver. Be thankful you were not hurt.

    If the police officer knew your insurance lapsed, you could have received a ticket for driving without no-fault insurance. You would not go to jail though.


  2. Not a Michigan lawyer, but in California the other driver's insurance company still pays for the damage even if you were uninsured at the time. You could be fined in California for driving without insurance.


  3. Michigan's automobile insurance laws are much different than every other state. You should always seek counsel from attorneys who specialize in the area of law for which you seek advice.

    Obviously, all the facts are not listed in your question; however, based upon what you wrote you will likely be responsible for all damages. In Michigan, the uninsured owner of a car that is involved in an accident can be held responsible for all bills paid by any parties related to that accident. So, if you get in a crash with another person even if that person is at fault, their insurance company will likely sue you to get back any monies paid to their insured. That includes medical bills, property damage, disability payments, etc. If you do not pay the insurance company within 30 days, the company has the ability suspend your license until you do pay.

    Read more about this type of situation at:
    http://www.michiganautolaw.com/caraccidents/caraccidentfaq.php

    I wish you the best,
    Thomas James


  4. In Michigan, you are responsible for your own auto damage regardless of fault. The fact that you had no insurance does not change that. Michigan is a no-fault state for collision property damage, and you must have insurance to collect, even if you are 100% in the right.


  5. Goutman is right. You are out of luck.

    Best of luck in the future.

    Ezra Goldman

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