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No insurance in Michigan (Accidents & Personal Injury Law)

Tue, 11 Sep 2007 15:07:00 GMT

On September 1, 2007, I made an "unsafe lane change" and sideswiped a car. I have no insurance on my van. The other driver had PLPD on her grand am. Her car was not totaled but damages were $3800.00. She has not sued me yet as it just happened. What is the max amount she could get from me? Would I have to pay the $500.00 minitort amount or would I be responsible for the full $3800.00 since I did not have insurance?

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  • Tue, 11 Sep 2007 15:40:00 GMT(1)
  • why would my license be suspended? because of the "unsafe lane change ticket"? I did not get a ticket for no insurance. I had proof but it had actually lapsed a few days before the accident. However, the police officer thought I had i nsurance and did not ticket me.
  • Tue, 11 Sep 2007 18:17:00 GMT(2)
  • as the statutes are written, if you do not have insurance in Michigan, you are not entitled to the protections of the no fault limitations (the $500 mini-tort) and are liable for all damages that were your fault.

    Quote:

    from MCL 500.3135
    (3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101 was in effect is abolished except as to:

    Your insurance was not in effect so there is no abolishment of liability.
    refer to Citizens Ins Co v Tuttle, 411 Mich 536, 546-547 (1981), and the cases referenced therein for supporting cases.
  • Tue, 11 Sep 2007 15:42:00 GMT(3)
  • It WILL be found out that you let your insurance lapse ... therefore, you are guilty of NOT having insurance AND driving ...
    suspension of license.
  • Tue, 11 Sep 2007 15:36:00 GMT(4)
  • Quote:

    Originally Posted by ttjchic

    On September 1, 2 7, I made an "unsafe lane change" and sideswiped a car. I have no insurance on my van. The other driver had PLPD on her grand am. Her car was not totaled but damages were $38 . . She has not sued me yet as it just happened. What is the max amount she could get from me? Would I have to pay the $5 . minitort amount or would I be responsible for the full $38 . since I did not have insurance?

    The max she can sue you for is $5 , I believe. Your license will soon be suspended, and the high cost of insurance will cost you more than $38 over the next few years.
  • Tue, 11 Sep 2007 17:56:00 GMT(5)
  • If they find out that you knew that the insurance was lapsed and still gave the officer the card you could be fined up to $1000 and/or be sentenced to up to one year in jail. For driving the vehicle without coverage, you can be fined up to $500 and/or get a year in jail. Also the state will suspend your license for a minimum of 30 days or as long as it takes for you to get new insurance which must be pre paid and non cancelable. They will also not renew or issue new tags to the vehicle you were driving. The $500 limit is for people who have insurance. People without insurance are liable for the total damage done.
    This is from an online pamphlet put out by the state of Michigan.
    What Happens If You
    Drive Without
    Insurance and Have
    An Accident
    If you own a car without no-fault insurance
    and have an accident:
    You can be sued and held personally liable.
    You may have to pay a lawyer and court
    costs. If you are hurt in an accident
    involving a vehicle you own that is not
    insured, you would not be paid for medical
    expenses, wage loss, loss of services, or
    any other no-fault benefits. If you are
    convicted of driving your car, allowing
    someone else to drive your car, or if you
    drive another person_s car, which you know
    does not have no-fault insurance, you may
    be fined up to $500, put in jail for up to one
    year, or both.

    http://www.michigan.gov/documents/cis_ofis_noflt_gd_25094_7.pdf
  • Tue, 11 Sep 2007 15:46:00 GMT(6)
  • The insurance company will report your lack of insurance to the state, this will result in an administrative suspension. You will be required to obtain insurance with an SR-22 filing (can you say $%&*^^ expensive?) and pay a reinstatement fee to restore your driving privelige. Consider yourself lucky that you live in a no fault state, in most other states you would be liable for the full amount of the damage.
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