If I rear-ended another vehicle with my truck, can the driver successfully sue me even though it happened in a no fault state?

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If I rear-ended another vehicle with my truck, can the driver successfully sue me even though it happened in a no fault state?

This happened a month ago. I admitted fault and received a ticket. Then 2 weeks ago, I received a call from my insurance company saying that the insurance company of the guy that I hit was going after them for compensation. However, I did not have the coverage required, so my insurance company did not pay. Today, the guy I hit came to my house and wants to take me to court for the damages to his vehicle. Can he sue? If so, how much could he get? His estimate for damages is $6000. He said that he’s looking for $3000 but the blue book value of the car is only $1400.

Asked on June 9, 2015 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Even in a no-fault state, if the other party was not paid for some or all of his loss, he can sue an at-fault driver for his damages--and in a collision like the one you describe, the rear driver is almost always considered to be at fault. He can sue for the loss he actually suffered and can prove--for example, if his car was totalled and it was worth $1,400, he could sue for $1,400, for out-of-pocket expenses (towing; rented a car for a reasonable time, if necessary) and lost wages, if any directly traceable to the accident (e.g. if he missed a day of work due to the collision).


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