QUESTION
What can I do if the teenage driver was completely negligent resulting in my car being totaled?
Asked on Oct 20th, 2015 on Personal Injury - Michigan
More details to this question:
The driver drove right through a stop sign and turned left right in front of me. I was able to swerve to avoid hitting her car, but my car was totaled as a result. We went into a ditch and slammed into a culvert. She fled and a witness tracked her down. She admitted pulling in front on me. Can I sue for negligence in small claims court? Is there anything I can sue for to recoup the money lost, as insurance companies never give you the full value of your car? We were banged up from the air bags, not seriously injured. The car was in her mother's name.
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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If you make an insurance claim you will have effectively transferred your right to sue to them.
Answered on Oct 30th, 2015 at 6:18 PM
Ronald A. Steinberg
Typically, your own insurance will pay for the repair or replacement of your car. Use Auto Trader the Blue Book, and other publications to determine the value of your car to negotiate with your company. You can sue the driver AND the owner of the other car for your deductible, as well for your injuries and damages.
Answered on Oct 30th, 2015 at 10:16 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Michigan is a no fault state and the damages for your car must come from your insurance company. You can only sue for the deductible, unless the driver was uninsured. Good luck.
Answered on Oct 30th, 2015 at 10:15 AM