What can we do if my daughter was rear-ended and her car is a total loss but the at-fault driver was driving someone else’s car with no insurance?

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What can we do if my daughter was rear-ended and her car is a total loss but the at-fault driver was driving someone else’s car with no insurance?

Our insurance is only going to pay the value of the car minus $1,000 deductible, not what she owes on the car.

Asked on January 6, 2017 under Accident Law, Michigan

Answers:

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

Answered 4 years ago | Contributor

Your daughter's only recourse is to sue the owner of the at-fault vehicle for negligence.  She should name both the owner and driver as defendants in her lawsuit for negligence.  If your daughter is a minor, you will need to be appointed guardian ad litem to file a lawsuit on her behalf.
Your daughter (or you if she is a minor) should reject the insurance company's settlement offer because in order to accept it she (or you if she is a minor) will have to sign a release of all claims.


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