What do I do next.?.

What is the name of your state (only U.S. law)? Michigan, a no-fault state.

So on 10/29/10, a driver was distracted and crashed into another car which in turn crashed into my car, causing $1,800 in damages. I do not carry any collision insurance. I was advised by my insurance company that since my car was parked, it should be covered by the driver's property liability insurance, the minimum insurance required by Michigan law for every vehicle. Also, since this is a property accident, it doesn't fall under the $500 mini-torte restriction.

The owner of the car, who is out of the country permanently, left his car but never signed over the title. The car is registered to the driver of the car.

I tried to sue the owner, but found out he left the country permanently.

Do I sue the driver now?

Any advice would be greatly appreciated.

Thank you,

mike777

The driver is the person that is at fault, not the owner so you should have started there. You include the owner as an adjunct defendant, not the other way around.

justalayman said:

The driver is the person that is at fault, not the owner so you should have started there. You include the owner as an adjunct defendant, not the other way around.

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J:

Theoretically talking why couldn’t the OP file against both the operator AND the titled owner by hauling in the owner under Michigan’s vicarious liability law (MCL Section 401(1)?

Clearly the driver was operating the vehicle with the permission of the titled owner.

Then invoke Michigan’s long arm statute( MCL Section § 600.7050) to give the Michigan court personal jurisdiction over the foreign resident.

“Sec. 705. The existence of any of the following relationships between an individual or his agent and the state shall constitute a sufficient basis of jurisdiction to enable a court of record of this state to exercise limited personal jurisdiction over the individual and to enable the court to render personal judgments against the individual or his representative arising out of an act which creates any of the following relationships:

* * * * *

(2) The doing or causing an act to be done, or consequences to occur, in the state resulting in an action for tort.”

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Wouldn't the OP's cause of action against the owner be in tort? At t least one imposed or implied by law?

Then rely on the liberal provisions for service of process on the foreign
resident contained in Rule 2.104 of the Michigan Court Rules.

“Rule 2.104 Process; Proof of service

(A) Requirements. Proof of service may be made by

(I) Discretion of the Court.

(1) On a showing that service of process cannot reasonably be made as provided by this rule, the court may by order permit service of process to be made in any other manner reasonably calculated to give the defendant actual notice of the proceedings and an opportunity to be heard.
* * * * *
(2) There is no territorial limitation on the range of process issued by a Michigan court.”

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Might be a little stretch here with the long arm business, but if he gets a double judgment he would have two shots at collecting instead of one.

Sorry, I forgot to mention that the driver had no insurance. I was advised by everyone that I had to sue the owner, but the owner appears to have left the country permanently, but never signed over the title of the car to the person who crashed into the cars.

Does the driver assume ownership of the car? Can I sue the driver and win?

Another note, the car is registered to the driver.

You can sue the driver, you may even win, but you may not have any more luck collecting from him. He doesn't even own the car and he couldn't afford insurance, he may not have anything to collect from.

latigo;2755261]J:

Theoretically talking why couldn’t the OP file against both the operator AND the titled owner by hauling in the owner under Michigan’s vicarious liability law (MCL Section 401(1)?

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I don't disagree that the owner should be included but the fact is, s/he is apparently not available to be sued and is claimed to be out of the country permanently.

OP has apparently already tried to sue the registered owner and failed due to the out of country status.

ecmst12 said:

You can sue the driver, you may even win, but you may not have any more luck collecting from him. He doesn't even own the car and he couldn't afford insurance, he may not have anything to collect from.

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From the statements from the OP, apparently s/he believes there is insurance to represent the driver.

I would guess my question is: why has it gotten to suing? Why hasn't the OP simply attempted to make a claim against whatever insurance is available.

mikekim777 said:

Sorry, I forgot to mention that the driver had no insurance.

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*Ahem* there is no insurance involved.

when I read this:

I do not carry any collision insurance. I was advised by my insurance company that since my car was parked, it should be covered by the driver's property liability insurance, the minimum insurance required by Michigan law for every vehicle.

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and no following statement that the driver had no insurance, I simply figured the driver had insurance.

so, since there is no insurance, hopefully the driver has enough money to be able to pay a judgment.