The aftermath of an accident.

[Polonski]

On March 16th, 2000 I was involved in an automobile accident. The driver of the other vehicle ran a red light and was found to be legally drunk by police officers on the scene. The man driving the other vehicle was accompanied by the owner of the car who was asleep in the passenger seat at the time of the accident. No one was injured and my car is currently undergoing repairs (since the accident was not my fault my insurance deductible was waived).
My question deals with the car that I am currently renting. I plan to sue for payment of the rental car because my insurance policy does not cover the cost of a car rental. I was informed by my insurance agent that my chances of winning anything are very small due to the fact that the state of Michigan (the accident happened in Ann Arbor) is what they call a "no-fault" state and under these circumstances if I don't have the appropriate coverage then I would be expected to foot the bill. I would like to have a lawyer's perspective on this. Do I have a case? If so, then who exactly do I sue (the proof of insurance form presented to me by the "owner" of the other vehicle had the name of a woman who could be his wife, mother, aunt, sister, etc.)?
Thank you in advance for your help.
P. Polonski
Ann Arbor, Michigan

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Polonski:
On March 16th, 2000 I was involved in an automobile accident. The driver of the other vehicle ran a red light and was found to be legally drunk by police officers on the scene. The man driving the other vehicle was accompanied by the owner of the car who was asleep in the passenger seat at the time of the accident. No one was injured and my car is currently undergoing repairs (since the accident was not my fault my insurance deductible was waived).
My question deals with the car that I am currently renting. I plan to sue for payment of the rental car because my insurance policy does not cover the cost of a car rental. I was informed by my insurance agent that my chances of winning anything are very small due to the fact that the state of Michigan (the accident happened in Ann Arbor) is what they call a "no-fault" state and under these circumstances if I don't have the appropriate coverage then I would be expected to foot the bill. I would like to have a lawyer's perspective on this. Do I have a case? If so, then who exactly do I sue (the proof of insurance form presented to me by the "owner" of the other vehicle had the name of a woman who could be his wife, mother, aunt, sister, etc.)?
Thank you in advance for your help.
P. Polonski
Ann Arbor, Michigan<HR></BLOCKQUOTE>

My response:

Ah, yes. The "agony and the ecstacy" of the "No-fault" jurisdiction. This is a terrific illustration and lesson for those who voted for "no-fault" in their States, and bought the insurance company's propaganda.

You're describing your situation in terms of "fault" when there is "no fault." But, it's the only type of law where the injured party "becomes" like a "fault" party because under such laws, you wind up getting stuck with some sort of bill. Talk to an attorney from your area about what avenues you have left, if any.

I'll bet, though, when "no-fault" comes up on the ballot again, you'll vote to change the law back to the way it should be. Good luck to you.

IAAL


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