Check your own car insurance policy and see if you purchased Uninsured Motorist coverage. If you did, you make the claim you'd normally make against the other driver/owner against your UM coverage. You will still have to prove the fault/negligence of the other party, as well as their lack of insurance and the seriousness of your injuries, but your UM coverage essentially takes the place of the insurance the other owner/driver should have had. Of course, you still need to check and be sure the other vehicle wasn't titled to someone other than the driver and that that someone also didn't have insurance coverage. If there is insurance on an owner, then it would apply vs. your UM coverage. As you indicate, even without insurance on the owner/driver of the negligent motor vehicle, you may still be able to collect any Judgment from them if they have assets that are available to satisfy all, or part, of same. You would have to hire an investigative company to do an asset search in this regard and/or conduct a creditor's exam of the defendant(s) once you have a Judgment. You can also think of a Dramshop action against any person/corporation that served the other driver, if they served him to the point of visible intoxication and continued to serve him thereafter. The dramshop law has very specific notice requirements and time limits, so you'd be best to consult local Michigan counsel on that issue as the timing related to a 2011 crash could be a problem for you. I don't know that workers compensation would have anything to do with this unless you were on the job when the crash happened.
Answered on Sep 23rd, 2013 at 9:02 AM