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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption