If someone crashed my car and my insurance lapsed but I didn't know what can I do about my damages if the car is totaled?

Asked about 4 years ago - Detroit, MI

The person who was driving my car also said that it was the other drivers fault but that is not what the police report says.

Attorney answers (4)

  1. Timothy J. Klisz

    Pro

    Contributor Level 18

    Answered . You will owe the other driver their damages, but you could sue your friend for contribution. If you get sued, contact me at www.kliszlaw.com to discuss your options. Tim Klisz

  2. Thomas William James

    Contributor Level 11

    Answered . If your ultimate question is how to I get my car paid for, then I believe you have little hope. Generally speaking, in car crashes you must seek car repair damages from your own insurance company. You can only seek $500 (read more about mini-tort here: http://www.michiganautolaw.com/nofault/michigan...).

    If your question is what do I do if I get sued now that I don't have an insurance company to protect me, then you have even less hope. You are liable for all monies paid out by the other person's insurance company to their insured. If you do not pay this money within 30 days after judgment, then the insurance company can have your license suspended until all debts are paid. It is a very strict and unforgiving part of the law. Read more about it here: http://www.michiganautolaw.com/caraccidents/pro...

    I wish you the best,
    Thomas James, Esq

  3. Thomas William James

    Contributor Level 11

    Answered . If your ultimate question is how to I get my car paid for, then I believe you have little hope. Generally speaking, in car crashes you must seek car repair damages from your own insurance company. You can only seek $500 (read more about mini-tort here: http://www.michiganautolaw.com/nofault/michigan...).

    If your question is what do I do if I get sued now that I don't have an insurance company to protect me, then you have even less hope. You are liable for all monies paid out by the other person's insurance company to their insured. If you do not pay this money within 30 days after judgment, then the insurance company can have your license suspended until all debts are paid. It is a very strict and unforgiving part of the law. Read more about it here: http://www.michiganautolaw.com/caraccidents/pro...

    I wish you the best,
    Thomas James, Esq

  4. Andrew Daniel Myers

    Contributor Level 20

    Answered . If your own car insurance had lapsed, you are out of luck. However, if for some credible reason it was your insurance agent's fault that you had not received proper notice that the coverage had been terminated, then you may possibly have a claim against the agent. They have what is called "errors and omissions" coverage for such events.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,459 answers this week

2,941 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,459 answers this week

2,941 attorneys answering