Car totaled in MI by uninsured at fault driver who knew brakes were bad.

[Karen P.]

I live in Michigan, and my car was rear-ended while at a red light. The at fault driver had no insurance and also knew that her brakes were bad. I had no collision coverage, just plpd. (I drove this car in the winter, while I stored a 2 seater convertable, which if I would have been driving, I would have been killed). She was doing 50mph and totaled my car ($6300.00 damage). She was given 3 tickets (no registration, no insurance, defective vehicle). The judge at her hearing (she was trying to get out of the tickets) said that she had to "pay for the damages" and "make it right" or her licence would be suspended. Can I expect her to pay for the totaled vehicle, or just the out of pocket costs.....ie downpayment on another vehicle, rental cars, towing, etc.
Thank you. Karen P.

 

[I AM ALWAYS LIABLE]

My response:

She was uninsured, so you can't "expect" her to pay for anything. If she had money, it's a good prospect she would have had insurance. The easier method would be for you to make an "Uninsured Motorist Claim" with your own insurance company. Failing that, you could sue her for the damages, but the court would only give you a judgment in your favor. The court will not help you to "collect" on your judgment. That part is up to you.

IAAL