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My truck was taken by my son and involved in an accident. Now I'm being sued.

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kelbro

Junior Member
What is the name of your state (only U.S. law)? Michigan

My son took my pickup without my knowledge or consent, was involved in an accident, then fled the scene. They found him later on and charged him with fleeing the scene, but no other charges were filed. As part of a plea bargain, he paid the KBB value of the car, plus reimbursed the other driver for her deductible even though there was no claim of fault or negligence. Because of Michigan's no-fault insurance law, everyone is required to have insurance on their car and it is supposed to pay for the injuries that occur in the respective vehicle.

It has been about a year and a half now since his accident and now the insurance company of the other driver is suing him and me for reimbursement of their cost for her medical expenses. I had insurance at the time, and am told that I don't owe them anything. I was advised by another site that I am not liable and should turn it over to my insurance company. I have contacted them and sent them a copy of the complaint. The only thing they did is send me a Letter of Experience and a copy of my Policy Declaration Page to include as evidence although too late to include it in my Answer. I'm not getting much other help from then so have taken this on by myself since consider myself to have adequate evidence of my insurance coverage.

Now I have a Summary for Disposition coming up tomorrow and I still have no clue what I am doing. I have drafted an Amended Answer, which I will be turning in tomorrow on my way to the hearing. This Amended Answer includes copies of all of the insurance documents. I just read somewhere a few minutes ago that I was supposed to file some sort of response to their Motion for Summary Disposition at least a week before the hearing, but didn't know anything about it until now since I found no mention of this in the paperwork they sent me. Obviously, if this is a requirement I am too late.

Is this a requirement in Michigan? What can I expect at this hearing? Will I be given a chance to explain my side despite not answering this second motion? Any help would be appreciated.
 


davew128

Senior Member
Did you follow up with your insurance company as to WHY they aren't providing representation as per the terms of the policy?
 

TigerD

Senior Member
Whys are not important at the moment.

You need an actual attorney immediately. You may have already lost your case. GO GET A LAWYER IMMEDIATELY.

TD
 

Ohiogal

Queen Bee
Did you report the truck stolen when he took it without permission? How old was your son at the time?
 

kelbro

Junior Member
He was 19 and didn't steal it. I don't usually let anyone else drive my cars, but he borrowed it without my knowledge because he needed to go somewhere and I wasn't home to take him. I didn't even know he took it until I got home and the cops were asking me about my truck. I told them then that I didn't know who took it because I had just gotten home. Whether or not he stole the truck is irrelevant though, because they are suing me for not having it insured, and it was.

Anyway, the summary disposition was dismissed and they told me that I would either be getting a dismissal or a moderator meeting notice in the mail, so it looks like it wasn't as big of a problem as I thought it was. I haven't talked to anyone from the insurance company by phone yet, just emailed back and forth a few times. If they want to do another meeting or court date I will call the insurance company and see if I can get them to go there this time.
 
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kelbro

Junior Member
He got a letter saying his case is dismissed. I got a letter telling me to sign a form that says they would dismiss the case without prejudice. I never heard of a form giving them permission to dismiss a case against me and not sure what that is about. Should I sign it or is this some sort of a trick...
 

quincy

Senior Member
He got a letter saying his case is dismissed. I got a letter telling me to sign a form that says they would dismiss the case without prejudice. I never heard of a form giving them permission to dismiss a case against me and not sure what that is about. Should I sign it or is this some sort of a trick...
Did you sign the form?
 

kelbro

Junior Member
He got a letter saying his case is dismissed. I got a letter telling me to sign a form that says they would dismiss the case without prejudice. I never heard of a form giving them permission to dismiss a case against me and not sure what that is about. Should I sign it or is this some sort of a trick...
Since I got no responses, I have not signed the form. I guess I will wait and see what happens from here. As far as I can tell, the worst they can do is continue with their frivolous lawsuit, which will probably be thrown out of court since all of the evidence that proves my innocence has already been submitted to them and the court in my answer to the lawsuit.
 

Zigner

Senior Member, Non-Attorney
Since I got no responses, I have not signed the form. I guess I will wait and see what happens from here. As far as I can tell, the worst they can do is continue with their frivolous lawsuit, which will probably be thrown out of court since all of the evidence that proves my innocence has already been submitted to them and the court in my answer to the lawsuit.
This is a moronic stance to take.
 

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