Car Accident Without Insurance And Not At-Fault: Can I Sue?: It is not possible to sue over the result of a car crash if you are not insured, even if you were not at fault for driving your car in Michigan.
You can not seek damages for pain and suffering or medical bills loss of wages, or repair costs, even if you are completely innocent and the other driver was 100 100% at fault.
However, you could still be sued for the other person’s costs for medical bills and wages lost.
This is among the most absurd instances of how unjust Michigan’s auto No-Fault law is. It demonstrates how much the law is weighed towards the auto insurance giants that are powerful. Michigan enforces the most extreme and severe penalties for drivers who are not insured.
Although I believe that all drivers should have insurance but is our public policy serving its purpose by granting the right to drive drunk and those who kill or harm innocent victims?
This is a case of the penalty not fitting the crime, and also a testimony to the importance of the insurance lobby, which pushed to pass this legislation in the Michigan Legislature.
It is even more difficult for the driver in a car crash with no insurance and who is not at fault in Michigan.
Apart from being disqualified from suing the at-fault reckless driver, a driver who is not insured will also be subject to civil penalties as well as possible jail time as well as a suspension of their driver’s license.
Inviting insurance companies to alter this Insurance Code in such a manner that reckless drivers and drunk drivers are granted tort immunity because the victims who they kill, maim, or seriously harm be driving with no insurance exceeds the penalty that any other country currently.
It only benefits the insurance companies for automobiles and their bottom line. It was deliberately specifically targeted towards cities that are poorer such as Detroit with higher percentages of people without insurance and greater poverty rates.
It safeguards the insurance industry at the cost of removing individuals’ right to a trial by jury and the right to redress the wrongs committed by another.
A car accident that is not covered by insurance or at fault, means that you are not able to be able to sue for pain and injury
Michigan law prohibits an injured and innocent accident victim with no insurance and who is not at fault for the accident driving their car to pursue the person responsible for the crash to recover the pain and suffering of others due to the lack of appropriate coverage required by No-Fault law. (MCL 500.3135(2)(c))
Uninsured and causing a crash in your vehicle can mean you are unable to be sued for medical bills or the loss of wages
If you were involved in an accident with no insurance and were not at fault and were injured by someone else and you were injured, you can not claim compensation for your medical bills resulting from the crash and/or compensation for the loss of wages if your injuries prevented you from working.
In general, victims are legally entitled to claim No-Fault personal protection, also known as PIP benefits that pay for medical expenses (up to the PIP No-Fault medical benefits coverage specified in the policy under which benefits are requested) as well as lost wages.
If, however, you are involved in a crash that is not covered by insurance and are not at fault, and the accident caused injuries to other people involved, then you will not be eligible for No-Fault benefits. (MCL 500.3113(b))
This means that without health insurance, such as Medicare or Medicaid will cover the cost the driver who is not insured will be required to pay for medical expenses and wages lost.
Car accident not insured and you are not at fault means that you can not sue for car damages
In general, the victim of a crash may sue the at-fault driver in Michigan’s mini tort system for up to $3,000 in damages and repair costs.
However, if you are involved in a crash that was not covered by insurance and was not at fault then you are not eligible for having claims under Michigan’s mini-tort. (MCL 500.3135(4)(e))
In the event of a crash in which an uninsured motorist was not the cause of the crash you can still be sued for medical bills incurred by others as well as lost wages
If you are in a car wreck with no insurance and are 100% not at fault, you could claim the amount that insurance companies from auto companies provide as No-Fault insurance to cover medical expenses of others and lost wages, including for the driver responsible for the accident.
In reality, the law of No-Fault allows insurance companies for automobiles to sue you to recover “all benefits paid,” but additionally in the event of “incurred loss adjustment costs and expenses, and incurred attorney fees.” (MCL 500.3177(1))
This is the place where Michigan law puts the burden over the hurt. It also highlights how reliant lawmakers are on the industry of insurance.
Michigan drivers must be covered by No-Fault insurance
Anyone who lives or drives frequently in Michigan must have an active auto insurance policy that is no-fault for their automobile that is provided by an auto insurance firm that is authorized to do work in Michigan and that offers “for payment of benefits under personal protection coverage” (which is also called PIP advantages), “property protection coverage” and “residual liability coverage” (which is also called body injury liability). (MCL 500.3101(1), (2) and (4); 500.3108(1))
Car accident with no insurance, and being at fault
The situation could get even direr when you are involved in a car collision with no insurance and were at fault. There is a chance that you could be facing one or more of the following:
You may be sued by someone who was injured in the crash and held accountable for their suffering and pain compensation.
You may become a victim of a lawsuit and be responsible for the entire amount of the damage to your vehicle that you caused to another individual or any other person who was involved in the motor vehicle accident.
Because you were not insured the risk of liability would not be limited to the $3,000 maximum permitted under Michigan’s Mini Tort Law (for accidents that take place on or after July 1 and before 2020).
In the event of an accident with no insurance or at fault, you do not have insurance to pay any responsibility for the damages and/or compensation.
This means you will likely need to pay for the costs out of pocket using your assets like savings, savings accounts, college and retirement accounts for your children as well as your home, vehicle, your recreational vehicles, and any future earnings. The financial burden from the liability could force you to declare bankruptcy.
The most important option Michigan residents can accomplish is to ensure their cars are insured
The most important thing Michigan motorists can take to ensure the safety of their family members and themselves should they be involved in a car collision – whether they caused the crash themselves or are responsible for the crash is to ensure that they have valid insurance coverage that is necessary for their car.
Are you in need of assistance? Contact the lawyers for assistance at Michigan Auto Law
If you have suffered injuries during a car crash and you would like to speak with an experienced attorney contact us toll-free anytime at all hours of the day by dialing (888) 995-8441 to schedule an initial meeting with any of our lawyers. You can also seek assistance from an experienced attorney via our contact page or by using chat on our site.