How do we sue the at-fault driver of our out of state car accident?

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How do we sue the at-fault driver of our out of state car accident?

We are IL residents who were in a car accident in MI, caused by a MI driver. Our car is in the shop and will be there for approximately 1 month. I need a rental car to get to and from work. Our insurance says it’s up to us to pay, since MI is a no-fault state. Besides suing for medical expenses, could we sue the at-fault driver for the cost of the rental? Also, can we sue for the cost of gas and mileage that it’ll take to drive back up to get the car once it’s fixed?

Asked on November 23, 2011 under Accident Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you were in an auto accident in the state of Michigan, you can sue the driver of the car that struck you in a Michigan court house (county and state where the accident happened). I would get a copy of the police report concerning the accident to assist you.

Your damages would be the costs of repairing your vehicle, the rental car, medical expenses, lost wages, and incidental expenses to travel back to Michigan to retrieve your damaged vehicle after it is repaired.

I suggest that you consult with a personal injury attorney in the county where the accident happened in Michigan.


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