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Can i sue the other drivers insurance who was at fault during an accident even though i have no car insurance in michigan?

Farmington, MI |

I got rear ended at a red light badly which caused several bruises, fractures and swelled up knee in which I cannot walk. My car wasn't insured, however, the truck who rear ended me and was clearly at fault was insured. I have health care and visited the hospital anyways. But my question is since I am unable to walk without cruches and since the accident has caused a lot of damage, can I sue the other drivers automobile insurance to recover any loses other than my vehicle and medical expenses?

Also, I would like to add.... my spouse is the owner of the vehicle and the insurance goes under her as well. I, obviously, was the operator of the vehicle alone at the time. I hope I have supplied with enough information. Thank you in advance.

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Attorney answers 4

Posted

Welcome, sadly, to probably the most draconian law we have today in Michigan.
If you are both the titled owner of the vehicle and you were also the operator of the car (you have to be both, so if you are a passenger, for example, you can still bring a lawsuit), then you are unfortunately completely barred from suing the wrongdoer and his or her insurance company for your injuries and your pain and suffering from a car accident.
Here is a recent blog I wrote that describes the challenges you face in more detail:
http://www.michiganautolaw.com/auto-lawyers-blog/2012/11/16/top-9-risks-of-driving-uninsured-in-michigan/
I'm very sorry. I think this law is terribly unfair.

Asker

Posted

Thank you Mr. Gursten for your feedback. I would like to add, as I just added more information to my inquiry... the titled owner is my spouse, however I was the operator of the vehicle. Does this change anything?

Steven M. Gursten

Steven M. Gursten

Posted

yes it does. will need to ask a couple more questions about your spouse's policy and if there are exclusions, but sounds like you just got very very lucky.

Posted

Yes you can. Report the accident to your insurance company.

-Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.

Michael Ryan Juarez

Michael Ryan Juarez

Posted

Well you could in California. Sorry.

Asker

Posted

I understand. Thank you anyways Mr Juarez.

Posted

I agree with Gursten. You're in a bad state for car accidents with no insurance.

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

Posted

Mr. Gurstein is correct in his response.