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    issobso's Avatar
    issobso Posts: 1, Reputation: 1
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    #1

    Feb 12, 2011, 01:05 PM
    Michigan - I was in a car accident, not at fault and have no insurance.
    Does that make me at fault?
    The man received the ticket for being at fault, and I received one for no proof of insurance.
    What are the penalties?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Feb 12, 2011, 01:19 PM

    This information is from CarInsurance.com regarding your question. Michigan has to be the toughest state to drive without proof of insurance. No it doesn't make you at fault, but you face penalties and possible suspension of the drivers license.

    This will answer your question:

    The state of Michigan requires no-fault insurance on every registered car. It is a misdemeanor to drive your car or let your car be driven without at least the basic no-fault auto coverage. If you are convicted of driving without the mandatory MI car insurance, you may be fined up to $500, put in jail for a year or both.

    If you are unable to provide proof of insurance, thus driving without insurance, you may be found guilty of a civil infraction. The court may order your license suspended for 30 days or until you can show proof of no-fault coverage on your vehicle.

    Drivers who fail to provide proof of insurance to the court within will also be responsible for paying a Driver Responsibility Fee of $500 or $200 for two consecutive years. The second year fee may not be paid in advance. The Driver Responsibility law does not provide for an appeal of the fee.

    If you were driving a vehicle without insurance and were at-fault in an accident, the injured party may file a suit against you, uninsured motorist in court for damages. The court may award a judgment for damages to the injured party against the uninsured motorist. If you cannot pay the judgment, your driver license will be suspended until the judgment is paid in full.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Feb 12, 2011, 02:58 PM

    Being without insurance has not affect on the cause of an accident. It's a totally separate issue. However, if it comes to a suit over the accident, it might affect a jury's perception.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Feb 12, 2011, 03:25 PM
    Quote Originally Posted by ScottGem View Post
    Being without insurance has not affect on the cause of an accident. Its a totally separate issue. However, if it comes to a suit over the accident, it might affect a jury's perception.
    Commonly, rules of evidence prohibit letting the jury know whether there is insurance. So, depending on the jurisdiction, that might never come out. And, in any event, it is irrelevant.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #5

    Feb 12, 2011, 04:08 PM
    Quote Originally Posted by AK lawyer View Post
    Commonly, rules of evidence prohibit letting the jury know whether or not htere is insurance. So, depending on the jurisdiction, that might never come out. And, in any event, it is irrelevant.
    Why would a jury be involved in an insurance claim ? It was an accident where fault was already established, so, OP is asking only what will happen. Why mention a jury?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 12, 2011, 06:00 PM

    I was the one who mentioned a jury. That would only be a possibility if he is sued by the other driver or their insurer.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Feb 12, 2011, 07:50 PM

    Agreed with the others, first of course the other person is still at fault, and their insurance ( if they have any) should pay for your damages, but you may have to sue them if the insurance company does not want to pay. Some say no, just to see what you will do.

    As for as the tickets, your ticket will be a lot worst than the other persons.

    1. did they impound your car? I know if you have no insurance here in GA we impound your car till it is insured and you pay impound fees.?

    2. you will have a large fine to pay
    3. the cost of your insurance will go up by a very large amount, and most likely the state will start requiring a SR22 filing
    4. They could place you in jail, and some judges will for a weekend if they think your insurance is a habit you are going to keep doing.
    LegalEagle1's Avatar
    LegalEagle1 Posts: 17, Reputation: -2
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    #8

    Feb 18, 2011, 10:13 PM
    If the man received a ticket for being "at-fault" than no you are not at fault. The man or his insurance company will be responsible for paying damages. However, driving without insurance or proof of insurance is a whole different issue. I'm not familiar with Michigan traffic laws. My suggestion would be too contact a traffic attorney regarding your ticket.

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