What will happen if my daughter’s car was hit and totaled by a woman who ran a red light but my daughter didn’t have insurance or a license at the time?

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What will happen if my daughter’s car was hit and totaled by a woman who ran a red light but my daughter didn’t have insurance or a license at the time?

Is there anyway that my daughter can sue for damages to replace her car?

Asked on April 15, 2014 under Accident Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since your daughter was NOT at fault in the accident, she can seek compensation for the loss of her car.  If she rejects the settlement offer from the at-fault party's insurance carrier, your daughter can sue the at-fault party for negligence.

If your daughter is under 18 years of age, you can be appointed guardian ad litem to file a lawsuit on her behalf because a minor cannot file a lawsuit herself.


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