What happens if Igot into a car accident byt I have no insurance?

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What happens if Igot into a car accident byt I have no insurance?

It was the other person’s fault; the police repot confims it. Can they sue me? Can I sue them; if so, do they pay for my car to be fixed?

Asked on February 28, 2012 under Accident Law, California

Answers:

Timothy Klisz / Klisz Law Office, PLLC

Answered 9 years ago | Contributor

In Michigan, you must be insured or you cannot maintain any action against anyone, whether at fault or not.  They or their insurer can sue you for all damages paid out: car and medical bills, etc.

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

Answered 9 years ago | Contributor

Since the other party was at fault in the accident, you can file a claim for your property damage with the other party's insurance carrier.  Since you were not at fault, the fact that you did not have insurance  does not prevent you from filing a claim with the other party's insurance.  Their insurance will pay for your property damage.  If the other party did not have insurance, you will need to sue them to recover your property damage.  If the property damage claim is not settled with the other party's insurance, file a lawsuit for negligence against the at-fault party.  If your case is settled with the insurance company, NO lawsuit is filed.

Since the other party was at fault in the accident, the other party has no grounds to sue you.

 


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