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abit off center
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Who do I sue? The driver or the owner?
When I say sue its a $500 small claims deal. I posted last week about my Daughter who totaled our car. I just got the accident report and found out the driver who pulled out in front of her did not have any insurance. With Michigan no fault laws the only thing I could recover is 500 bucks, (mini tort) but usually you just send a picture of the car to the other persons insurance company and they send you a check. Now the problem, not only that she did not have any insurance but she was driving a friends car who died in January and left her the car in the will.
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______________________ Craig G2Performance Twinplug, head work, case savers, rockers arms, etc. |
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03-17-2010, 02:01 PM
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Location: Michigan
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The driver. Crappy situation, to say the least but she should still pay AND recieve a ticket for no insurance.
Did she get a ticket for the accident?
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1981 911SC ROW SOLD - JULY 2015 Pacific Blue Wayne |
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03-17-2010, 02:16 PM
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Location: Magnolia State
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Agreeed...driver.
BTW...still coming to Gulfport?
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Jim 1987 Carrera 2002 BMW 525ti 1997 Buell Cyclone cafe project 1998 Buell S1W: "Angriest motorcycle I've ever ridden." |
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03-17-2010, 02:19 PM
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abit off center
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Yes, she was sited for both Failing to yield and no proof of insurance which means she did not have any insurance I am sure. Sending one letter tomorrow for either her insurance company and policy number or payment, please remit within 10 days.
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______________________ Craig G2Performance Twinplug, head work, case savers, rockers arms, etc. |
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03-17-2010, 02:21 PM
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abit off center
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Quote:
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______________________ Craig G2Performance Twinplug, head work, case savers, rockers arms, etc. |
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03-17-2010, 02:22 PM
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Quote:
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Jim 1987 Carrera 2002 BMW 525ti 1997 Buell Cyclone cafe project 1998 Buell S1W: "Angriest motorcycle I've ever ridden." |
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03-17-2010, 02:29 PM
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Same thing happened to me, guys girlfriend was driving his van (he was in prison) and of course didn't have insurance, didn't even have valid plates or a registration in fact.
She rear ends me, tells the officer that the brakes are bad and she knows about it. She gets a ticket for the insurance, registration and the accident and gets to drive away. I sue her in small claims court and of course I win by default because she doesn't show up, after I paid to have her served. I then sold the 3K judgment to a collection company, who tried to go after her and her father, however neither had anything and the collection agency gave up. This is going on five years now, I doubt I'll ever see a dime as I'm sure I'm way down on the list for repayment for this person. To add insult to injury I saw her driving the crunched van a few day later stopped at the same intersection. Guess there is no justice out there anymore. I hope you have better luck.
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2021 Model Y 2005 Cayenne Turbo 2012 Panamera 4S 1980 911 SC 1999 996 Cab |
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03-17-2010, 02:41 PM
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Location: Winnipeg, MB, Canada
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When you sue, you sue everyone.........the one with the money then pays.
You sue the driver for causeing the accident and the owner for lending a uninsured car.
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Bunch of old cars 
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03-17-2010, 04:28 PM
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i'm just a cook
Join Date: Apr 2006
Location: downtown vernon,central new york
Posts: 4,868
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a lawyer will tell you who to sue. an english major will tell you whom to sue. |
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03-17-2010, 04:30 PM
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Location: Seattle--->ShangHai
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How do you sue a dead person?
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88 Carrera Coupe Pelican Since 2002 All Zing, No Bling. ok, maybe a little bling. The Roach |
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03-17-2010, 04:39 PM
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Quote:
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Jim 1987 Carrera 2002 BMW 525ti 1997 Buell Cyclone cafe project 1998 Buell S1W: "Angriest motorcycle I've ever ridden." |
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03-17-2010, 05:07 PM
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Location: Winnipeg, MB, Canada
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I missed the part about the owner being dead
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Bunch of old cars
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03-17-2010, 05:11 PM
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B58/732
Join Date: Feb 2000
Location: Hot as Hell, AZ
Posts: 12,313
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I sue dead people!
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ΜΟΛΩΝ ΛΑΒΕ I don't always talk to vegetarians--but when I do, it's with a mouthful of bacon. |
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03-17-2010, 07:33 PM
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Quote:
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88 Carrera Coupe Pelican Since 2002 All Zing, No Bling. ok, maybe a little bling. The Roach |
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03-17-2010, 07:37 PM
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(the shotguns)
Join Date: Feb 2006
Location: Maryland
Posts: 21,582
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How about not suing anybody just yet and sending a certified letter to the driver instead. Give the person a chance to do right first.
Car title should have already been changed if the estate is settled per the county. IF the estate is not settled per the county you COULD be a dick and send a bill/letter to the register of wills.
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***************************************** Well i had #6 adjusted perfectly but then just before i tightened it a butterfly in Zimbabwe farted and now i have to start all over again! I believe we all make mistakes but I will not validate your poor choices and/or perversions and subsidize the results your actions. |
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03-18-2010, 04:35 AM
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abit off center
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Per my post #4, the first letter goes out today.
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______________________ Craig G2Performance Twinplug, head work, case savers, rockers arms, etc. |
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03-18-2010, 04:46 AM
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Location: Palm Beach, Florida, USA
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Craig, you do sue both the owner and driver. Michigan has an owners' responsibility statute where the owner of the vehicle is responsible for any negligence committed by the person driving the car. The driver, of course, is liable for her own negligence. The owner may have his own insurance.
To sue a dead person you have to find out who the personal representative of the estate is. You serve that person. The suit names the driver as an individual and the estate of the owner. Check with someone local to see if you need to name the personal representative. I don't think you do. I think you just name the estate of ________ and serve the personal representative. "Who to sue?" is the correct phrasing. Asking whom to sue is not necessary.
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MRM 1994 Carrera |
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03-18-2010, 05:20 AM
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Location: Texas
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finally after yrs of sticking their head in the sand..
the LEO's here will impound your car on the spot if no ins. easy way to spot the no Ins. /or warrant crowd in SA.. their slow, and the 'rental' tires.. Rika |
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03-18-2010, 05:33 AM
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MAGA
Join Date: May 2004
Posts: 10,769
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Sue the State of Michigan for having such a f'd up insurance law.
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German autos: '79 911 SC, '87 951, '03 330i, '08 Cayenne, '13 Cayenne 0% Liberal Men do not quit playing because they get old.... They get old because they quit playing. |
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03-18-2010, 05:53 AM
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(the shotguns)
Join Date: Feb 2006
Location: Maryland
Posts: 21,582
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cgarr missed that in post 4. Good man.
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***************************************** Well i had #6 adjusted perfectly but then just before i tightened it a butterfly in Zimbabwe farted and now i have to start all over again! I believe we all make mistakes but I will not validate your poor choices and/or perversions and subsidize the results your actions. |
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03-18-2010, 06:30 AM
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1969 and 1986 Porsche Targa and Coupe 1720cc and 3
1985.5 Porsche 944 2.5L Supercharged 
911 SC
Panamera
