At-Fault Accident and I Had No Insurance

**dmiller2333** · 03-22-2012, 09:32 PM

My question involves insurance law for the state of: Michigan

I was in a car accident that I was was found at fault for in Michigan and I hadn't yet gotten insurance for the vehicle, I had purchased the car the day before the accident and drove it just once (8miles) to get to a doctor's appointment.

The officer at the scene did NOT issue me a ticket however, he also seemed understanding that the accident while being called my fault was something that "just happens" and was really caused by other events. Regardless I was NOT issued a ticket.
I was told by several people including the officer and a family member of the other driver that the driver was okay but I do not know that with any certainty.

I'm having trouble finding information online to help me with this and I am pretty terrified by some of the things I've read- I have a near perfect driving record, always have had insurance, and no criminal record at all.

What should I expected to have happen to me??
Thanks for the help!!!!

**FullAuto** · 03-23-2012, 09:44 AM

I would expect the other person to file a claim on their collision coverage, their insurance repair their car and then their insurance sue you to collect the money they are out. If the person does not have collision coverage, then I would expect them to sue you directly.

**dmiller2333** · 03-24-2012, 01:57 AM

Does it matter at all that I wasn't issued a ticket and that I am currently unemployed and that I don't own anything of value? I was told by a person recently (who seems familiar with these situations) that the most they could do given my current situation is go after me for $500 because going after me for more would cost more than anyone could recover so it wouldn't be worth it- is that true?

Any input anyone has about all of this stuff is very appreciated, I'm in very unfamiliar territory.

**flyingron** · 03-24-2012, 05:27 AM

Being issued a ticket is pretty damning evidence, but not being issued one doesn't get you off. Whoever brought up the $500 is talking about Michigan's MINITORT. However, you are not eligible for the $500 limit because YOU HAD NO INSURANCE.

Being unemployed and not having anything isn't going to keep them from suing you and getting a judgement, it may limit their ability to collect from you, but it can hang over your head for a decade (possibly longer).

**FullAuto** · 03-24-2012, 06:50 AM

If they don't have collision coverage, then they may not go after you directly simply because they may not be able to find a lawyer to take a case when there is likely no money to be had in the immediate future. If they do have collision coverage and the insurance company subrogates, all their lawyers are on staff and get paid anyway. They'll get their judgement and turn it over to collections. You'll have an open collection against you basically forever.

**flyingron** · 03-24-2012, 07:24 AM

They can hit you up in small claims without a lawyer.

jk · 03-25-2012, 05:26 AM

I have read of this being treated in two different ways. The site owner here (a Michigan lawyer) has convinced me the law does not protect an uninsured party from being sued and can be held liable for damages they cause. There was a poster here as well as another site I frequent that used that argument in an attempt to sue the at fault party and was rebuffed by the courts with the argument that the law does not allow any suits in excess of the $500 mini-tort action (barring a few exceptions not in play here).

about all you could do is attempt to argue the law prevents a claim over the $500 mini tort and hope the judge sees it your way.