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I was just in a car accident that was not my fault she totaled my car. Hit me from behind. no insurance can i still sue for dama

Plymouth, MI |

She has no insurance my care is totaled can I sue her for damages?

Attorney Answers 4

  1. If you have insurance, but the other driver does not, Michigan No Fault law provides an exception that allows you to sue the other driver for all of your damages (not just your deductible). You need to contact the police and be sure to get a copy of the accident report for your insurance claim. Your insurance company can advise you as to whether it will provide the attorney for a lawsuit against the other driver.

    Michigan law also offers a very powerful tool to collect on a civil judgment against an uninsured driver. If the judgment is not paid, you can petition the Secretary of State to suspend the other driver's license.

    The law limits the time in which you may act on your claim. Contact your insurance company immediately and do not hesitate to have an attorney review your accident report, insurance claim correspondence and insurance policy.

    The above comment is meant as general advice. More information would be needed at a confidential consultation in order to provide an accurate evaluation of your legal options.

  2. You should consult with a qualified Michigan Auto Law attorney. I presume you do have insurance. You may be able to sue the other driver, and a qualified attorney can give you specific advised based on the specific facts of your case.

    Of course, this is not meant as legal advice nor does it establish any professional relationship.

  3. You will be able to obtain wage loss, medical payments and replacement services coverage from your own insurer.

    If you have purchased collision coverage your insurer will also pay to fix your car or for either it's fair market value or replacement value (depending on your coverage/policy language). Usually they will also waive your collision deductible if you are not @ fault.

    You should get the Registration information on the other vehicle from the Michigan Secretary of State to try to determine whether the other car was/wasn't insured and also determine who owned the vehicle. Both the owner AND the driver of the other vehicle have liability if the driver was at fault as you suggest. There may be insurance on the owner even if the driver was uninsured (and they are not the same person).

    You may have purchased Uninsured Motorists coverage from your own insurer, and if so, and if the other vehicle/driver are actually found to lack insurance, then you can make an UM claim for your pain & suffering against your own insurer.

    Please bear in mind that No-Fault claims for wages/medicals/services AND UM claims usually have a ONE YEAR deadline to present to your own insurer and that such claims must be IN WRITING.

    You will be able to hire your own counsel, if needed, to present these claims and you do NOT rely on your insurer to provide counsel to you.

    You may also be able to/required to sue the other driver/owner to at least get to the bottom of the "is there insurance coverage" available issue.

    Good luck.

  4. Yes. However it is unlikely she will have any assets to seize if she has no insurance.
    Peter Hart

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