QUESTION

Can I sue the at fault driver if I did not have no fault at the time of the accident? My car was totaled.

Asked on Sep 15th, 2012 on Automobile Accidents - Michigan
More details to this question:
We live in Michigan. She left the scene of the accident ob foot before police arrived but the car was registered to her. So I am not sure if she is insured (not likely from her actions). A police report was filed and she was completely at fault. I know I can't sue for personal injuries, but can I sue for severe damages since my car was totaled in the accident and had a blue book value of 7000 dollars? I have been searching for a new car but have had to get rentals in the meantime. This plus the cost of gas has been very expensive for me. It doesn't seem fair for her to just get away with it. Can I sue her in District Court?
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4 ANSWERS

Ronald A. Steinberg
Under Michigan law, if you have lived in Michigan for more than 30 days and your car has been here for more than 30 days, then you MUST have a Michigan No Fault insurance policy. If you were driving an uninsured car, then regardless of whose fault the accident was, you cannot sue. PERIOD.
Answered on Sep 20th, 2012 at 3:57 PM

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Dennis P. Mikko
If you did not have the necessary no-fault insurance, you cannot bring suit against the other driver.
Answered on Sep 20th, 2012 at 3:56 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally, in Michigan if you did not have collision insurance at the time of the incident you are precluded from collect any more than mini-tort damages.
Answered on Sep 20th, 2012 at 3:56 PM

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Insurance Defense Attorney serving Jackson, MI at Dungan, Lady & Dunga, PLLC
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If the at fault driver did not have insurance, you can sue her for the full amount of the property damage to your vehicle, but...keep in mind, if you win the lawsuit you end up with a judgment that says she owes you a certain amount of money. It may be relatively easy to take a judgment against this person. But, a judgment is just an IOU signed by a judge, you then have to turn that judgment into money. How are you going to do that? If she had money, she would have had insurance. Unless she is easy to collect from, you are wasting your time and money going after her. Most attorneys will not sue someone who is not insured, there's no upside to it at the end. Did you not have collision coverage on your own vehicle where you can make a claim with your own insurance company?
Answered on Sep 20th, 2012 at 3:56 PM

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