LOUNE gets in first car accident

Last week LOUNE was driving home from work. Two 17 year olds were driving the other way on a 4 lane street. They were racing and driving dangerously. People were blowing their horns and trying to get them to slow down. As they were racing one hit the other in the rear and the front car lost control. He crossed over the road and hit LOUNE head on.
Luckily he was not seriously hurt. Sore neck and back but no real damage. LOUNES car was totaled. It was a 20 year old car that was very dependable and had low miles. Of course the kid who hit him was 17 and was driving his friends car without insurance. In Michigans no fault laws ,LOUNE is out a car.
The kids never asked him if he was alright. They seemed to not care. Yet several drivers stopped to tell the police what the kids were doing. He got a ticket for Reckless and negligent driving. That is a serious ticket.
I am still pissed off. LOUNE has never had a ticket and now he had this happen. He is out a car and the kids are free and off laughing and joking. I hope the cops nail them to the wall. They could have killed him .

Can you sue in civil court?

Thank og he’s okay. I lost 3 cousins in car accidents this past year, two of them in a head-on collision, so I know how lucky he is. I hope he can sue them for damages.

Glad to here that he is ok, and I really hope that there is some way you can do about the monetary side of it. That seems so wrong that they can get away without having to pay any damages at all.

Basically, no:

http://www.legislature.mi.gov/(S(5dj2s4ejiwerns45jzsuitnt))/mileg.aspx?page=getobject&objectname=mcl-500-3135&query=on&highlight=no-fault

Damage to the vehicle is otherwise covered by LOUNE’s first-party insurance (collision and comprehensive) and if LOUNE has physical injuries that meet the threshold “death, serious impairment of body function, or permanent serious disfigurement,” he could sue the driver and owner of the vehicle under most circumstances whether they have insurance or not. If they don’t have insurance or if their liability insurance did not cover his damages, he could make a claim on his Underinsured (UIM) or Uninsured (UM) Mostorist policies.

If his injuries do not meet the threshhold (and they don’t), he can only recover first party (PIP) benefits from his own insurer.

He is with sore back and neck. Not recoverable, He is out a car. His old car was not worth the cost of insurance. So he gets screwed. In Mich you get property and liability to drive legally. The fact that they were without it is their legal problem. If his car was worth a lot and was insured ,we could have recovered the insurance deductible, generally 500 to 1000 bucks. The irony is that in Michigan you are out a car if your car is not worth the cost of insuring. You do not even get a replacement. You are just screwed.

I’m sorry to hear about it. Every time I hear about teenagers dying in a car accident, I always assume street racing. I’m almost always right. About a year ago, I was cruising up the street and I got passed on both sides by street racers, with the guy on the left driving into oncoming traffic. Darwin Award material, but don’t fucking take out innocent bystanders.

mini-tort liability isn’t based on having first-party insurance.

Actually the mini-tort provision caps damages at “$500.00 to motor vehicles, to the extent that the damages are not covered by insurance.” (cite in my last post).

What will happen because of the reckless endangerment. Will he do time or lose his license til he is 21. I do not feel sorry for him. He showed no remorse. I am just curious.

LOUNE?

-FrL-

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http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245))/mileg.aspx?page=getObject&objectName=mcl-257-626

http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245))/mileg.aspx?page=getObject&objectName=mcl-257-626b

I’m guessing Least Original User Name Ever.

Normally I like using the legal system but here’s a perfect case where some judiciously applied coercion would be hard to pass up.

" Hi, I’d like to sell you the MikeG Insurance Policy. It will guarantee that no one I know or have any contact with will break your kneecaps and/or elbows or burn your house down. All this for one easy payment of the replacement value of the car or a like kind and quality replacement."

Such a Deal!

Tru Dat.

Also if the guy was driving without insurance:

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His car was an old one that ran very well and was dependable. Could small claims court be used to get some of that back?

500 bucks is all I can get in small claims court. I can sue, however. That’s in the works, I believe.

LOUNE, I’m really, really glad you’re okay. Shit, bro.

No more Red Rocket? :frowning:

Glad to hear you’re recovering, at least. Please tell me you went to a doctor and got checked, soreness can magically transform into a real PITA injury, doncha know.

I had a vehicle get totalled in an accident once, good quality dependable transportation that $500 couldn’t replace, had I knew then what I know now I’d have sued the guy to hell and back. Of course, my other driver was an adult with insurance, but I was the dumb kid who was just thankful to be okay and not litigious.

Don’t forget I’m local, let me know if you need some help. Really.

LOUNE, damn, man. Great to hear that you are ok. Sorry about the car and all, but we would have lost a great poster if we lost you.

SSG Schwartz