If I had a car accident for which the other driver received a ticket, if my car was totaled and neither of our policies will cover it, what can I do?
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If I had a car accident for which the other driver received a ticket, if my car was totaled and neither of our policies will cover it, what can I do?
I had a car accident where the other driver ran a red light and received a ticket. My car was totaled. I have insurance but no collision. The car he was driving had insurance but no mini-tort on the policy so I couldn’t collect the $500 from his insurance. His mom (he’s 18) is the car owner and he is not on the policy. Can I go to small claims? Can I sue for more than $500 (damage was more than the state’s $3000 limit). Should I sue the driver or the owner of the car?
Asked on January 10, 2012 under Accident Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) You can sue for any and all unreimbursed property damage caused by an at-fault driver; so if you suffered $5,000 of car damage, for example, from him, you could sue for that amount.
2) You can go to small claims court as long as you sue for up to or less than the small claims limit in your state.
3) If he is 18, you can sue him directly, since he is the at-fault driver and is a legal adult; you may also the car's owner, his mother, since she is responsible for damage done by people whom she allows to use her car. You should in fact sue both, to maximize your chance of recovering money.
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