Car Accident Not At Fault But No Insurance – Even if you are not at fault for driving in Michigan, you cannot be sued for a car accident without insurance. Even if you are completely innocent and the other driver is 100% at fault, you cannot sue for pain and suffering compensation, medical bills, lost wages, or car repair costs. But you can still sue others for medical bills and lost wages.
This is one of the most unfair examples of Michigan’s no-fault law. This shows that the law favors the powerful auto insurance companies. Michigan imposes some of the harshest fines and penalties on uninsured drivers. And while I agree that everyone should drive with coverage, does our public policy really work to exempt drunk drivers and those who kill or seriously injure innocent people? It’s an example of a punishment that doesn’t fit the crime and a testament to the power of the insurance industry lobby that pushed the law through the Michigan Legislature.
Car Accident Not At Fault But No Insurance
It’s actually worse for the driver involved in the accident in Michigan. In addition to being barred from suing an innocent, negligent driver, an uninsured driver can also face civil penalties, jail time, and driver’s license suspension.
What Happens If A Car Accident Claim Exceeds Insurance Limits In Md?
Allowing the insurance industry to rewrite the insurance code would exempt reckless drivers and drunk drivers from prosecution for killing, maiming or seriously injuring more drivers than other states are penalized for. Today in the country. This helps auto insurance companies and their bottom line. He is very vocal in his opposition to poor cities like Detroit, where uninsured and poverty rates are high. He advocates for the insurance industry to strip people of their right to a jury trial and other constitutional remedies for wrongdoing.
Michigan law does not allow innocent and injured car accident victims who were uninsured and not at fault for driving their vehicle to file a lawsuit against the driver who caused the accident for not being adequately covered. Suffered pain and suffering because of it. Defect (MCL 500.3135(2)(c))
If you were involved in an uninsured motor vehicle accident and no one was at fault and no one was injured, you may not be able to claim compensation for your accident-related medical bills and/or wages if you Injuries prevent you from returning to work. .
Generally, the injured party is entitled to personal protection or PIP benefits to pay medical bills (up to the PIP medical benefits selected in the policy for which benefits are sought) and lost wages.
What Should I Do If I Caused An Accident & Don’t Have Insurance?
However, if you are involved in an uninsured car accident and you are not at fault and the accident causes injuries to others – you will not be able to receive no-fault benefits. (MCL 500.3113(b)).
This means an uninsured driver will have to pay out-of-pocket for medical bills and lost wages if they don’t have health coverage or Medicare or Medicaid coverage.
Generally, an accident victim can sue the at-fault driver for up to $3,000 to repair vehicle damage during a Michigan mini-tort action. However, you may not be able to file a mini-tort claim unless you were involved in an accident with an uninsured motorist and were not at fault. (MCL 500.3135(4)(e)).
However, in a car accident that is not caused by an uninsured driver, you can be sued for other people’s medical bills and lost wages.
What To Do If You Were Wrongly Accused (at Fault) In A Car Accident
If you are involved in an uninsured car accident and are not 100% at fault, you can sue car insurance companies for the money they paid for other people’s medical bills and lost wages. . to fall
In fact, the no-fault statute allows auto insurance companies to sue you not only for “payment of all benefits,” but also for “loss adjustment costs and expenses and attorneys’ fees.” (MCL 500.3177(1)).
This is where Michigan law covers injury. This shows how serious the lawmakers are about the insurance industry.
Anyone who lives in or regularly travels to Michigan must maintain a valid auto accident policy for their automobile issued by an auto insurance company that is authorized to do business in Michigan and that provides “personal protection Coverage” provides coverage for deductions under (also known as PIP benefits) “Property Protection Coverage” and “Residual Liability Coverage” (also known as Bodily Injury Liability Coverage). (MCL 500.3101(1), (2) and (4); 500.3108(1) ))
What Happens If You Get In An Accident Without Insurance?
Things get worse if you get into an uninsured and at-fault car accident. You may experience all of the following effects:
If you are involved in a car accident without insurance and are at fault, you may not be able to meet your liability for the above damages and compensation, so you should use your personal assets to protect and investigate. Should. , retirement, college accounts, your children, your home, your cars, your vacation vehicle. and future earnings. The financial burden of your obligations can push you into bankruptcy.
To learn more, see my blog post “Top 9 Dangers of Driving Without Insurance in Michigan.”
The best thing Michigan drivers can do to protect themselves and their families in the event of a car accident — whether they caused the accident or someone else caused the accident — is to make sure their no-fault coverage is covered. don’t be They need a car.
At Fault Vs. No Fault Accidents
If you have been injured in an accident and would like to speak with an experienced attorney, call us toll-free 24/7 at (248) 353-7575 for a free consultation with one of our attorneys. You can visit our contact page and get help from an experienced accident lawyer, or use the chat function on our website.
Stephen Gerston was named Michigan Lawyer of the Year and voted one of the top 50 Michigan lawyers (out of 65,000 lawyers) by Super Lawyers. He is currently Chair of the AAJ Towed Driving Litigation Group, Past Chair of the Stomach Society, Past Chair of the AAJ Truck Litigation Group and TBI Group, and Past Chair of the Association of Motor Vehicle Investigation Lawyers.
Steve is the winner of the JD Supra Readers’ Choice Award – Best Writer in the Insurance category every year since 2018. Steve has handled some of the largest auto and truck accident cases of any attorney or law firm in Michigan.
“Maximum stars for this law firm and attorney Steven Gerston in particular. Very professional and prompt! I found the information about New Auto Law very helpful. I have recommended him to all my friends and neighbors. ” –.Mine
Downloadable Car Accident Information Form
As you start the new year and face what could be the coldest, coldest winter ever… No-fault, also known as personal injury coverage, your auto insurance policy There is a type of coverage that requires finance coverage in some states. Damage related to injury. Every driver uses essential personal injury coverage to cover medical injuries and lost wages. The driver responsible for the accident will use their insurance to pay for all damages to the vehicle, and the innocent driver may suffer damages due to the driver’s fault.
Blame is the name of the game after a car accident. If you can prove that the other driver caused the accident, if the other driver was at fault, you may be able to pay them damages. At least that’s how it works in most states.
But who pays the claim in a no-fault situation? This is where things get a little complicated. If you’re in a no-fault situation or involved in an accident, it’s important to know how it affects the liability of everyone involved. This is where this guide comes in.
No-fault insurance means that in the event of an accident, each driver is responsible for paying their own medical bills through their insurance. This requires an additional layer of protection called personal injury protection (PIP), which is more expensive than no-fault insurance.
If You’re In A Car Accident While Uninsured, What Happens Afterwards?
States use no-fault insurance to prevent personal injury cases from going to court. If all drivers are required to have PIP, they are less likely to be injured.
The claim process in a no-fault situation is the same as in an at-fault situation, you don’t have to deal with another driver’s insurance:
Personal injury insurance generally doesn’t cover pain and suffering damages, so you don’t need to include emotional pain or suffering in your claim.
“Personal injury law firms often help recover money for physical injuries – unfortunately, this does not include the body of your car. This is because personal injury attorneys are motivated to: They make money.Traditional PI lawyers are not incentivized to help.
How To Prove A Car Accident Was Not Your Fault
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