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sticks1990 · Sep 12, 2012, 03:19 PM

A couple months back I bumped a guy in rush hour traffic, we pulled off, my car was screwed but his only had some paint scuff on his bumper. His insurance at the time was expired and we didn't file a police report but we still exchanged information. He called me and left a message saying the repair was going to be $550, and as a full time student part time pizza guy, I just don't have. I'm wondering if I really even need to respond to his voicemail at all since MI is a no fault state in which it's your job to contact your insurance company to take care of things like this. I feel bad that it's my fault his car got some scuffs in it because of me but I'm really leaning on not paying him since I've only got about $100 in my bank account to begin with. My insurance is PLPD so I fixed my car out of pocket with my own hands so contacting my insurance agent will do nothing for me.

smoothy · Sep 12, 2012, 03:36 PM

Tell you something... its real it happened to me...

About 28 years ago I had something like this happen... guy that hit me begged for the chance to pay cash so I didn't turn it into his insurance. I was naïve enough to not call the cops... but luckily I did get his info including tag# and VIN#.

A few days later when I had the estimate and called him the mush mouthing started... the delay tactics started... after the third phone call I was bent... told them if I didn't have a cashiers check in my hand in three days I was going to not only call the police.. I was going to get every dime I was owed, including a rental car. Because obviously no good deed goes unpunished...

The state the accident occurred in I get the estimate of a shop I want to do the work and they have to pay it... he was from a adjoining state where his insurance normally sent out an adjuster and tried to screw you.

When The adjuster ticked me off after I informed him of the law in the state I resided and where the accident occurred he kept it up and really ticked me off... told him his offer was unacceptable.. and said I'd get a lawyer if I had to then it would really get expensive for them... and I left.

Next day I called a local representative for that insurance company IN my state and had it out with a manager, I got every dime I had coming got the car fixed (which was a month old) AND got my rental. I even got a second check from the other states rep a couple weeks later... I did go to the local state police Barracks on day 4 (they had jurisdiction) and filed a report...

Motto is... pay the man up because he can still collect from you even though he didn't have insurance since you hit him... and if it goes through your insurance its likely to be far more, AND your company will likely jack up your rates until they get that back several times over. But pay him with a check and make sure its noted on the check that cashing it clears you of any debts owed to him past and future. Don't just hand him cash.

sticks1990 · Sep 12, 2012, 03:57 PM

Originally Posted by smoothy

Tell you something.....its real it happened to me...

about 28 years ago I had something like this happen....guy that hit me begged for the chance to pay cash so I didn't turn it into his insurance. I was naive enough to not call the cops...but luckily I did get his info including tag# and VIN#.

A few days later when I had the estimate and called him the mush mouthing started....the delay tactics started....after the third phone call I was bent.....told them if I didn't have a cashiers check in my hand in three days I was going to not only call the police..I was going to get every dime I was owed, including a rental car. Because obviously no good deed goes unpunished...

The state the accident occurred in I get the estimate of a shop I want to do the work and they have to pay it....he was from a adjoining state where his insurance normally sent out an adjuster and tried to screw you.

When The adjuster ticked me off after I informed him of the law in the state I resided and where the accident occurred he kept it up and really ticked me off...told him his offer was unacceptable.. and said I'd get a lawyer if I had to then it would really get expensive for them....and I left.

Next day I called a local representative for that insurance company IN my state and had it out with a manager, I got every dime I had coming got the car fixed (which was a month old) AND got my rental. I even got a second check from the other states rep a couple weeks later.....I did go to the local state police Barracks on day 4 (they had jurisdiction) and filed a report....

Motto is....pay the man up because he can still collect from you even though he didn't have insurance since you hit him....and if it goes through your insurance its likely to be far more, AND your company will likely jack up your rates until they get that back several times over. But pay him with a check and make sure its noted on the check that cashing it clears you of any debts owed to him past and future. Don't just hand him cash.

Like I said, I don't have that money nor will I in any immediate future. Since it has been just over 2 months, going to the police would do him nothing because that was supposed to have been done 24 hours prior to the accident and at this point it would be a no fault claim as per Michigan traffic law, which would mean we are to both contact our respective companies to have our damage fixed, but since he didn't have insurance I'm not so sure he can do that.

Fr_Chuck · Sep 12, 2012, 05:20 PM

Then you start making payments to him, The wreck was your fault. How you can sleep at night knowing you were at fault and will not correct it is beyound me.

Our advice to the other person even with the insurance the way it is in your state, to sue under small claims and attempt to get a judgement anyway.

sticks1990 · Sep 12, 2012, 10:30 PM

Originally Posted by Fr_Chuck

Then you start making payments to him, The wreck was your fault. How you can sleep at night knowing you were at fault and will not correct it is beyound me.

Our advice to the other person even with the insurance the way it is in your state, to sue under small claims and attempt to get a judgement anyway.

I sleep just fine, the same way you do knowing that there is and will always be injustice in this world, regardless of our individual actions. I didn't ask for a lecture on how to act. I asked if there were any possible legal implications I might need to be aware of, and thanks to you now I know he has nothing, since just about anyone can get your information off the internet these days or out of a lost wallet you find on the street somewhere. Thanks for helping me cover my by informing me of a possible summons to small claims Try not to sit up so high and mighty of yourself that you miss where the worlds real problems really are, because I assure you that a traffic discrepansy is at the very bottom of the bucket of we as a race have jumped into and now have to work out.

Fr_Chuck · Sep 12, 2012, 10:49 PM

Police officer for many years and was always happy to help get a drivers license suspended for failure to pay a judgement in a car wreck.

ScottGem · Sep 13, 2012, 03:09 AM

It looks like, under MI law you are in the clear

Michigan Car Accident Law - Third Party No Fault

Since he did not carry insurance at the time, that limits his ability to go after you. I think he can try to put in a claim against your carrier and they may pay. But I don't think he can sue you for the damages.

sticks1990 · Sep 13, 2012, 06:13 AM

Originally Posted by Fr_Chuck

Police officer for many years and was always happy to help get a drivers license suspended for failure to pay a judgement in a car wreck.

Yea I would pay if there was a judgement, there won't be though do to a lack of evidence and my states law officer Chuck

ebaines · Sep 13, 2012, 06:33 AM

MI does indeed have a peculiar no-fault law - in most states no-fault applies to bodily injury only, but in MI they use it for collision damage as well. So it does not matter at all whose fault the accident was - the insurance policy on the car that was damaged pays for repairs. Since the other driver had no insurance at the time, he is out of luck. He can not sue you for repairs. Moral obligations aside - I see no downside repurcussions for failing to pay the guy. Of course you may wake up one morning to find the tires on your car slashed...

sticks1990 · Sep 13, 2012, 05:04 PM

Originally Posted by ebaines

MI does indeed have a peculiar no-fault law - in most states no-fault applies to bodily injury only, but in MI they use it for collision damage as well. So it does not matter at all whose fault the accident was - the insurance policy on the car that was damaged pays for repairs. Since the other driver had no insurance at the time, he is out of luck. He can not sue you for repairs. Moral obligations aside - I see no downside repurcussions for failing to pay the guy. Of course you may wake up one morning to find the tires on your car slashed....

Lol I hear you, luckily I don't live at the address on my lic. Thanks for the feedback though!

sticks1990 · Sep 13, 2012, 05:07 PM

Originally Posted by ScottGem

It looks like, under MI law you are in the clear

Michigan Car Accident Law - Third Party No Fault

Since he did not carry insurance at the time, that limits his ability to go after you. I think he can try to put in a claim against your carrier and they may pay. But I don't think he can sue you for the damages.

Thanks for the reassurance :)

JudyKayTee · Sep 15, 2012, 06:44 AM

I'm not reading it that way, Scott.

"You will PROBABLY not be able to file a lawsuit against the other driver if: You are more than 50% at fault for the accident; You owned the vehicle in which you were riding, and did not carry a valid policy of insurance at the time of the accident ..."

I don't see an "or" or an "and" between those two circumstances. Of course, time will tell.

I also don't understand this part of OP's explanation concerning it being "too late" to notify the Police now: "“because that was supposed to have been done 24 hours prior to the accident”

I've worked thousands of accidents. I've never known anyone to report an accident before it happened.

If the innocent/uninsured party is very fortunate the OP's attitude of "I'm bad but you're worse" will carry into Court: "the same way you do knowing that there is and will always be injustice in this world, regardless of our individual actions... "

sticks1990 · Sep 15, 2012, 07:21 PM

Originally Posted by JudyKayTee

I'm not reading it that way, Scott.

"You will PROBABLY not be able to file a lawsuit against the other driver if: You are more than 50% at fault for the accident; You owned the vehicle in which you were riding, and did not carry a valid policy of insurance at the time of the accident ..."

I don't see an "or" or an "and" between those two circumstances. Of course, time will tell.

I also don't understand this part of OP's explanation concerning it being "too late" to notify the Police now: "“because that was supposed to have been done 24 hours prior to the accident”

I've worked thousands of accidents. I've never known anyone to report an accident before it happened.

If the innocent/uninsured party is very fortunate the OP's attitude of "I'm bad but you're worse" will carry into Court: "the same way you do knowing that there is and will always be injustice in this world, regardless of our individual actions ..."

Sorry not prior, but afterwards.