What to do if an unlicensed has an accident in an uninsured car?

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What to do if an unlicensed has an accident in an uninsured car?

My sister is 18 and had a learner’s permit. She was driving a 21 year old’s car who was licensed. She got into an accident. It turns out that the car didn’t have insurance. The other car involved in the accident did have insurance either and that insurance company is coming after my sister. Where does the liability fall? I have tried to research laws pertaining to this but have came up empty.

Asked on February 13, 2013 under Accident Law, Michigan

Answers:

Matthew Anderson / Anderson Law Firm, PLC

Answered 8 years ago | Contributor

First of all, I hope everyone is ok.

In Michigan, auto insurance is as a prerequisite for registration, the owner of the car your sister was driving may have an issues regarding not maintaining his insurance. 

Michigan no-fault insurance provides wage loss, replacement servies, and medical benefits to persons injured in a motor vehicle accident without the need to prove fault.  Michigan no-fault generally requires that you collect from your insurer before a third party.  It is not clear from your description what they are coming after her for so I have some additional questions. 

Are all parties Michigan residents?  Was your sister at fault in the accident?  How severe were the injuries and did they meet the threshold (death, permanent and serious disfigurement, or serious impairment of a body function) in Michigan?  Does the other party have uninsured motorist coverage, which is optional in Michigan?  Does you sister live at home with parents who have a valid auto policy?   

You will need to provide some additional information in order to better evaluate your sister position.  Feel free to contact me or post your answers.

Thanks.

Disclaimer: This answer is not meant to be legal advice and unless mutually agreed to in writing there is no client attorney relationship between us regarding this matter.

 


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