Can I sue for personal injury and total loss of vehicle if I live in state with no fault insurance?

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Can I sue for personal injury and total loss of vehicle if I live in state with no fault insurance?

I was rear-ended with 2 of my children in the car. It was a main road;the speed limit was 35; all traffic had stopped. When I was rear-ended pushing me into truck in front of me. Van was a total loss (over $12,000 worth of damage) while they had little to no damage. I had neck pain and had it X-rayed but my neck looks fine. I have a sore back, plus headaches, dizziness, and nauseousness. I was prescribed anti-anxiety pills. The doctor also ordered a CT. The driver said brakes were not good and they went out. I told officer about brakes he said I know brake line broke. Driver got no citation. Can I sue?

Asked on September 27, 2010 under Accident Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The concept of "no-fault" insurance is commonly misunderstood.  A state that has "no-fault" provisions in place.  No fault insurance in Michigan means that your insurance will pay for medical and wage loss and the damage that you do to other people's property should you get in to an accident and it does not matter who caused the accident. It does not pay for your property damage. It also protects you from lawsuits being brought against you except under certain circumstances: serious injury, in which a non-resident is involved, etc.  These are often called "threshold" issues.  I would seek consultation with an attorney in your area on the matter.  He or she will be able to let you know if you you have a case in this matter.  Consultations are generally free. Good luck.


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