Not At Fault Accident But No Insurance – You cannot sue in a car accident if you do not have insurance, even if you were not at fault for driving your vehicle in Michigan. You cannot sue for pain and suffering, medical bills, lost wages, or the cost of repairing damage to the vehicle, even if you were completely innocent and the other driver was 100% at fault. But you can still be sued for other people’s medical bills and lost wages.
This is one of the most absurd examples of how unfair Michigan’s no-fault law is. This shows how the law is weighted in favor of the powerful car insurance companies. Michigan imposes the most draconian and punitive measures imaginable on uninsured drivers. And while I agree that everyone should drive with insurance coverage, does our public policy really serve to give immunity to drunk drivers and others who kill or seriously injure innocent people? This is an example of punishment not fitting the crime and a testament to the power of the insurance industry lobby that pushed this law through the Michigan legislature.
Not At Fault Accident But No Insurance
In fact, it gets even worse for the no-fault driver involved in an uninsured car accident in Michigan. In addition to not being able to sue the at-fault, negligent driver, the uninsured driver also risks civil penalties, possible jail time, and driver’s license suspension.
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Allowing the insurance industry to rewrite the insurance code so that negligent and drunk drivers get tort immunity because the people they kill, maim, or seriously injure by driving without coverage goes beyond the punishment of any other state in the country today. It only helps auto insurance companies and their benefits. It was deliberately targeted at poorer cities like Detroit that have higher numbers of uninsured people and higher poverty rates. It literally protects the insurance industry at the cost of taking away people’s right to a jury trial and a constitutional remedy for wrong done by another.
Michigan law does not allow an innocent, injured, uninsured, and no-fault victim of a car accident who was driving his own vehicle to sue the driver who caused the accident for pain and damages suffered because he did not have the required adequate coverage. by law without fault. (MCL 500.3135(2)(c))
If you were involved in an uninsured, no-fault car accident and injured someone, you cannot sue for accident-related medical bills and/or compensation for lost wages if your injuries prevent you from returning to work.
Typically, a victim is entitled to recover no-fault personal protection or PIP benefits to pay medical bills (up to and including no-fault PIP medical benefits coverage selected in the policy through which they claim benefits) and lost wages.
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However, if you are involved in an uninsured, no-fault car accident and the accident caused injuries to others involved, you will not be able to receive no-fault benefits. (MCL 500.3113(b))
This means that unless health insurance or Medicare or Medicaid provide coverage, the uninsured driver must pay medical bills and lost wages out of pocket.
Typically, an accident victim can sue an innocent driver under Michigan torts for up to $3,000 for the cost of repairing the damage to the vehicle. However, if you were involved in an uninsured and no-fault car accident, you will not be able to file a tort claim. (MCL 500.3135(4)(e))
However, a car accident where an uninsured driver did not cause the accident means you CAN STILL BE FIRED FOR OTHER PEOPLE’S MEDICAL EXPENSES AND LOST WAGE
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If you are in an uninsured, 100% no-fault car accident, you can be sued for the money car insurance companies pay as no-fault compensation for the medical expenses and lost wages of other people, including the driver who caused the accident.
In fact, no liability law allows auto insurance companies to sue you not only for “all benefits paid,” but also for “costs and expenses incurred to settle losses and legal fees.” (MCL 500.3177(1))
This is where Michigan law really adds insult to injury. It also reveals what obligations lawmakers really have to the insurance industry.
Anyone who regularly lives or drives in Michigan must maintain a valid no-fault policy for their motor vehicle issued by an auto insurance company licensed to operate in Michigan that provides for “payment of benefits under personal protection coverage” (also known as PIP benefits). , “property protection coverage” and “residual liability coverage” (also known as personal injury liability coverage) (MCL 500.3101(1), (2), and (4); 500.3108 (1))
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The situation only gets worse if you were involved in an uninsured and at-fault car accident. You may face some or all of the following consequences:
Since you have been involved in an uninsured and at-fault car accident, this means that you do not have coverage to cover your liabilities for previous damages and compensation, which means that you will likely have to pay out of pocket with your personal assets, such as e.g. such as savings, checking, retirement, college accounts for your children, your home, your vehicles, RVs and future income. The financial strain due to your liability may force you into bankruptcy.
For more information, see my blog post on “The Top 9 Risks of Driving Without Insurance in Michigan.”
The best thing Michigan drivers can do to protect themselves and their families if they are involved in a car accident, whether they caused the accident or someone else caused it, is to make sure they have valid no-fault coverage and the required for your vehicle. .
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If you have been injured in a car accident and would like to speak with an experienced attorney, call us toll-free anytime 24/7 at (248) 353-7575 for a free consultation with one of our attorneys. You can also get help from an accident lawyer by visiting our contact page or you can use the chat feature on our website.
Steven Gursten has been selected as Michigan Attorney of the Year and has been consistently named in the top 50 Michigan attorneys (out of over 65,000 attorneys) by Super Lawyers. He is the current president of the AAJ Distracted Driving Litigation Group, past president of the Belli Society, past president of the AAJ Truck Litigation Group and TBI Group, and past president of the Motor Vehicle Trial Lawyers Association.
Steve has been named the winner of the JD Supra Reader’s Choice Award – Best Writer in the Insurance category every year since 2018. Steve has obtained the largest auto and truck accident settlements of any attorney or law firm in Michigan.
“Top stars for this law firm and especially Mr. Steven Gursten – Attorney. Very professional and timely! I also received a lot of useful information about the new car law. I have recommended him to all my friends and neighbors.” – Look
Icbc No Fault Insurance Model: What Does This Mean?
As we begin the New Year and face what will likely be one of the coldest and coldest winters yet, car accidents happen every day in California for many reasons, and most drivers who experience these accidents must file insurance claims to recover their losses. . State law requires all licensed drivers to have auto insurance coverage that meets the state’s minimum coverage requirements. However, California has one of the highest rates of underinsured and uninsured drivers in the entire country.
It’s natural to worry about your injuries and be unsure of how to recover when you or a loved one has been seriously injured in a California car accident. When trusted legal counsel helps you, you are much more likely to maximize your full recovery. Easton & Easton provides compassionate auto accident legal advice to clients throughout Southern California, and our team wants you to know how to approach an auto accident claim when no insurance is available.
State law requires all drivers to carry at least $15,000 in personal injury liability insurance coverage for a single person injured in an accident they cause. Your policy must also extend this coverage to at least $30,000 in bodily injury liability coverage for all injured parties in the accident. Your auto insurance policy must also provide at least $5,000 in property damage liability coverage. Once you have identified who caused your accident, you need to get your insurance policy details and submit your compensation claim very quickly.
These coverage limits may seem like enough to fully cover damages caused by a negligent driver in California. Unfortunately, the reality is that some drivers face unexpected complications with their auto insurance claims, and some drivers do not have the ability to file insurance claims against the drivers who caused their accidents.
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Although not required by state law, drivers are encouraged to consider purchasing uninsured or underinsured motorist coverage with their standard insurance coverage. This type of coverage comes into play when an uninsured or uninsured driver causes an accident, allowing the victim to seek immediate compensation from their insurance coverage. They can usually do this without incurring penalties. But
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