Can I Sue If I’ve Been in a Car Accident Without Insurance and It Wasn’t My Fault?
The quick answer is no – you cannot sue even if you are not at fault for the Michigan car accident if you drive without insurance. You cannot sue the party at fault, and you will not be compensated for your hospital bills, lost wages, and the damage to your vehicle. Worse, you can be sued by the other party for their hospital bills, as well as their lost wages.
On top of all this, you will need to pay civil fines. Your driver’s license will get suspended. Worst of all, you may possibly have to serve jail time.
This is how Michigan’s No-Fault law works. Uninsured drivers face the most unfair punishment, especially if they are not at fault. This is especially unfair if the other party is drunk or driving recklessly that they could easily injure and harm innocent pedestrians.
Drunk and negligent drivers can easily get away from their crime, all because for the reason that the victim did not have insurance. It takes away the victim’s right to a trial and to convict the other of the crime that was committed.
You Cannot Sue For Your Pain and Suffering
Under Michigan’s No-Fault Law, if you are hurt in a car accident, you have to file a claim under your own insurance. It does not matter who caused the accident. The aim was to eliminate the need to file charges against the other driver for damages. The victim can only sue the at-fault driver if the injury is severe or has met the threshold injury.
However, if you are without insurance, you cannot sue the at-fault party, even if the other party was driving under the influence of alcohol or drugs. You cannot sue for your injuries, pain, and damages because you do not have the required coverage prescribed by Michigan Law.
You Cannot Sue For Your Medical and Hospital Bills
No matter how serious your injuries were, no matter if you were hospitalized for weeks, you cannot sue the at-fault party. You cannot sue for the lost wages that resulted from your treatment and hospitalization. The same is true even if you lost the capacity to work because of the injuries that you sustained from the accident.
If you had sufficient coverage, you could claim your No-Fault PIP benefits to cover your hospitalization bills, as well as your lost wages due to your injuries. However, if you have been involved in an accident without insurance, you cannot receive any No-Fault benefits, even if the accident was not your fault.
You will have to pay for your medical bills straight from your pockets unless you have separate health insurance that will cover your medical expenses.
You Cannot Sue For The Damages To Your Vehicle
No matter how beaten or badly damaged your vehicle is coming from the accident, you cannot claim for damages if you don’t have insurance.
You Can Be Sued Even If It Wasn’t Your Fault
This is perhaps the harshest part of the law. If you get involved in an accident and are uninsured, you can get sued even if the other party is clearly at fault.
You can be sued for the coverage that the other party’s insurance pays for his or her medical bills and lost wages, even if he or she was the one at fault. This is where it gets really messed up. The insurance company can also sue you for their additional costs, as well as their attorney fees!
Of course, the situation will be much worse if you were driving without insurance, got involved in an accident, and was found to be at fault.
Get Covered And Drive With Peace Of Mind
The best thing that every driver can do in Michigan is to get insurance. At the very least, you can get the minimum requirement as prescribed by Michigan’s No-Fault law. Your insurance must have three components: Personal Injury Protection (PIP), Property Protection (PPI), and Liability Insurance also called PLPD insurance.