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Someone hit my car in parking lot and run away then came back after 5min

Sterling Heights, MI |

Someone hit my car and run away,I had my wife and three kids in the car and they saw that driver , policeman was parking already in that lot but didn't see what happened ,by the time we talking to that police officer the driver who run came back shaking and crying ,it was a 16 y o girl with new driving licences just 10 days old,the policeman asked that girl to call someone adult mom or dad,he spoke to her mom with choosing not to report and give her daughter a chance but after they pay me for the damage ,I agreed for that because I have no insurance ,now that driver mom not answering me to take care the damage ,what I should do?,,,,officer told me if they don't pay follow a claim later and he will be the witness ,,,Can I still sue them if I don't have a insurance ?

Attorney Answers 4


  1. Best answer

    You may be able to. File a claim for the property damage with their insurance company. if no good, try a small claims court case. You may be barred from any persoanl injury claims. Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.


  2. Because you have no insurance, and if the owner of the other car had insurance, you are limited at best, to a mini-tort action with a maximum recovery of $500 or $1000 depending on when the incident occurred.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .


  3. You will likely be completely barred. If you are uninsured, you cannot file a mini tort claim to recover the first $1,000 of vehicle damage and you must pay for all of your own car damage, even when it is another person's fault and you are completely innocent. Why? In Michigan, if you are driving your own uninsured car or truck and it is damaged in a car accident, or even if someone bumps into your car in a parking lot as you wrote, then you are sadly responsible for paying for all of the associated repair costs.
    The Mini Tort recovery for uninsured drivers stopped on October 1, 2012, when uninsured drivers were disqualified from recovering under the Mini Tort law.
    Based on amendments to the statute in June 2012, which are contained in Public Act 158 of 2012, “[d]amages shall not be assessed if the damaged motor vehicle was being operated at the time of the damage without the security required by section 3101 [i.e., No Fault auto insurance].” (MCL 500.3135(4)(e))

    Here is a blog on this topic that may be helpful for you:
    http://www.michiganautolaw.com/auto-lawyers-blog/2012/11/16/top-9-risks-of-driving-uninsured-in-michigan/


  4. In Michigan, which is a tough state on uninsured drivers, you may be barred. Best bet is to get insurance for next time.

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