# LOUNE gets in first car accident **URL:** \ **Category:** The BBQ Pit\ **Created:** [August 10, 2008, 11:35pm UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540 "2008-08-10T23:35:17Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [August 10, 2008, 11:35pm UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/1 "2008-08-10T23:35:17Z")
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 . ---
**Author:** ![DanBlather](https://avatars.discourse-cdn.com/v4/letter/d/f4b2a3/32.png) [@DanBlather](https://boards.straightdope.com/u/DanBlather)\ **Post date:** [August 10, 2008, 11:38pm UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/2 "2008-08-10T23:38:28Z")
Can you sue in civil court? ---
**Author:** ![Shayna](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/shayna/32/17976_2.png) [@Shayna](https://boards.straightdope.com/u/Shayna)\ **Post date:** [August 10, 2008, 11:44pm UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/3 "2008-08-10T23:44:36Z")
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. ---
**Author:** ![Alistair\_McCello](https://avatars.discourse-cdn.com/v4/letter/a/58956e/32.png) [@Alistair\_McCello](https://boards.straightdope.com/u/Alistair_McCello)\ **Post date:** [August 10, 2008, 11:49pm UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/4 "2008-08-10T23:49:44Z")
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. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 10, 2008, 11:52pm UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/5 "2008-08-10T23:52:32Z")
Basically, no: > [@](#): > > 500.3135 Tort liability for noneconomic loss; action for damages pursuant to subsection (1); abolition of tort liability; exceptions; action for damages pursuant to subsection (3)(d); commencement of action; removal; costs; decision as res judicata; “serious impairment of body function” defined. > > Sec. 3135. > > (1) A person remains subject to tort liability for noneconomic loss caused by his or her ownership, maintenance, or use of a motor vehicle only if the injured person has suffered death, serious impairment of body function, or permanent serious disfigurement. > > (2) For a cause of action for damages pursuant to subsection (1) filed on or after July 26, 1996, all of the following apply: > > (a) The issues of whether an injured person has suffered serious impairment of body function or permanent serious disfigurement are questions of law for the court if the court finds either of the following: > > (i) There is no factual dispute concerning the nature and extent of the person’s injuries. > > (ii) There is a factual dispute concerning the nature and extent of the person’s injuries, but the dispute is not material to the determination as to whether the person has suffered a serious impairment of body function or permanent serious disfigurement. However, for a closed-head injury, a question of fact for the jury is created if a licensed allopathic or osteopathic physician who regularly diagnoses or treats closed-head injuries testifies under oath that there may be a serious neurological injury. > > (b) Damages shall be assessed on the basis of comparative fault, except that damages shall not be assessed in favor of a party who is more than 50% at fault. > > (c) Damages shall not be assessed in favor of a party who was operating his or her own vehicle at the time the injury occurred and did not have in effect for that motor vehicle the security required by section 3101 at the time the injury occurred. > > (3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101 was in effect is abolished except as to: > > (a) Intentionally caused harm to persons or property. Even though a person knows that harm to persons or property is substantially certain to be caused by his or her act or omission, the person does not cause or suffer that harm intentionally if he or she acts or refrains from acting for the purpose of averting injury to any person, including himself or herself, or for the purpose of averting damage to tangible property. > > (b) Damages for noneconomic loss as provided and limited in subsections (1) and (2). > > (c) Damages for allowable expenses, work loss, and survivor’s loss as defined in sections 3107 to 3110 in excess of the daily, monthly, and 3-year limitations contained in those sections. The party liable for damages is entitled to an exemption reducing his or her liability by the amount of taxes that would have been payable on account of income the injured person would have received if he or she had not been injured. > > (d) Damages for economic loss by a nonresident in excess of the personal protection insurance benefits provided under section 3163(4). Damages under this subdivision are not recoverable to the extent that benefits covering the same loss are available from other sources, regardless of the nature or number of benefit sources available and regardless of the nature or form of the benefits. > > **(e) Damages up to $500.00 to motor vehicles, to the extent that the damages are not covered by insurance. An action for damages pursuant to this subdivision shall be conducted in compliance with subsection (4).** > > (4) In an action for damages pursuant to subsection (3)(e): > > (a) Damages shall be assessed on the basis of comparative fault, except that damages shall not be assessed in favor of a party who is more than 50% at fault. > > (b) Liability shall not be a component of residual liability, as prescribed in section 3131, for which maintenance of security is required by this act. > > (5) Actions under subsection (3)(e) shall be commenced, whenever legally possible, in the small claims division of the district court or the municipal court. If the defendant or plaintiff removes the action to a higher court and does not prevail, the judge may assess costs. > > (6) A decision of a court made pursuant to subsection (3)(e) is not res judicata in any proceeding to determine any other liability arising from the same circumstances as gave rise to the action brought pursuant to subsection (3)(e). > > (7) As used in this section, “serious impairment of body function” means an objectively manifested impairment of an important body function that affects the person’s general ability to lead his or her normal life. [http://www.legislature.mi.gov/(S(5dj2s4ejiwerns45jzsuitnt)](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. ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [August 11, 2008, 12:10am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/6 "2008-08-11T00:10:22Z")
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. ---
**Author:** ![Darryl\_Lict](https://avatars.discourse-cdn.com/v4/letter/d/7cd45c/32.png) [@Darryl\_Lict](https://boards.straightdope.com/u/Darryl_Lict)\ **Post date:** [August 11, 2008, 12:23am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/7 "2008-08-11T00:23:25Z")
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. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 11, 2008, 12:25am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/8 "2008-08-11T00:25:48Z")
[QUOTE=gonzomax] If his car was worth a lot and was insured [/QUOTE] mini-tort liability isn’t based on having first-party insurance. > [@](#): > > ,we could have recovered the insurance deductible, generally 500 to 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). ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [August 11, 2008, 12:41am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/9 "2008-08-11T00:41:22Z")
[QUOTE=Gfactor] 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). [/QUOTE] 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. ---
**Author:** ![Frylock](https://avatars.discourse-cdn.com/v4/letter/f/ce7236/32.png) [@Frylock](https://boards.straightdope.com/u/Frylock)\ **Post date:** [August 11, 2008, 12:46am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/10 "2008-08-11T00:46:21Z")
LOUNE? -FrL- ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 11, 2008, 12:49am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/11 "2008-08-11T00:49:08Z")
> [@](#): > > Category 2 Offenses > > Certain offenses are classified as “qualifying offenses” and carry their own driver responsibility fee independent from the number of points on the driving record. Drivers convicted of qualifying offenses will be assessed a driver responsibility fee of $150, $200, $500 or $1,000 for two consecutive years. The amount is determined by the relative seriousness of the offense. For example: > > ``` > * > > Drunk Driving (Operating While Intoxicated) = $1,000 > * > > Reckless Driving = $500 > * > > No Proof of Insurance = $200 > * > > Drove While License Expired = $150 > > ``` > > Points from Category 2 offenses and convictions are NOT counted toward the point total for Category 1. > > Multiple driver responsibility fees are assessed if a driver is convicted of multiple qualifying offenses under Category 2. > > Driver responsibility fees are assessed for two consecutive years for Category 2 convictions. The second year’s fees will be assessed on the anniversary date of the first year’s fees. [http://www.michigan.gov/driverresponsibility/0,1607,7-213-32166---,00.html](http://www.michigan.gov/driverresponsibility/0,1607,7-213-32166---,00.html) > [@](#): > > 257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty. > > Sec. 626. > > (1) A person who drives a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. > > (2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. [http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)](http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)))/mileg.aspx?page=getObject&objectName=mcl-257-626 > [@](#): > > 257.626b Careless or negligent operation of vehicle as civil infraction. > > Sec. 626b. > > A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction. [http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)](http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)))/mileg.aspx?page=getObject&objectName=mcl-257-626b ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 11, 2008, 12:49am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/12 "2008-08-11T00:49:38Z")
[QUOTE=Frylock] LOUNE? -FrL- [/QUOTE] I’m guessing **Least Original User Name Ever.** ---
**Author:** ![MikeG](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/mikeg/32/4329_2.png) [@MikeG](https://boards.straightdope.com/u/MikeG)\ **Post date:** [August 11, 2008, 12:51am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/13 "2008-08-11T00:51:30Z")
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! ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [August 11, 2008, 12:59am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/14 "2008-08-11T00:59:49Z")
[QUOTE=runner pat] I’m guessing **Least Original User Name Ever.** [/QUOTE] Tru Dat. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 11, 2008, 1:04am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/15 "2008-08-11T01:04:21Z")
[QUOTE=Gfactor] [http://www.michigan.gov/driverresponsibility/0,1607,7-213-32166---,00.html](http://www.michigan.gov/driverresponsibility/0,1607,7-213-32166---,00.html) [http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)](http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)))/mileg.aspx?page=getObject&objectName=mcl-257-626 [http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)](http://www.legislature.mi.gov/(S(wqc2g4bo4rx3zv45udcvw245)))/mileg.aspx?page=getObject&objectName=mcl-257-626b [/QUOTE] Also if the guy was driving without insurance: > [@](#): > > If you own a car without no-fault insurance and have an accident: > You can be sued and held personally liable. You may have to pay a lawyer and court costs. If you are hurt in an accident involving a vehicle you own that is not insured, you would not be paid for medical expenses, wage loss, loss of services, or any other no-fault benefits. If you are convicted of driving your car, allowing someone else to drive your car, or if you drive another person’s car, which you know does not have no-fault insurance, you may be fined up to $500, put in jail for up to one year, or both. [http://www.michigan.gov/documents/cis\_ofis\_noflt\_gd\_25094\_7.pdf](http://www.michigan.gov/documents/cis_ofis_noflt_gd_25094_7.pdf) ---
**Author:** ![gonzomax](https://avatars.discourse-cdn.com/v4/letter/g/e8c25b/32.png) [@gonzomax](https://boards.straightdope.com/u/gonzomax)\ **Post date:** [August 11, 2008, 1:46am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/16 "2008-08-11T01:46:07Z")
[QUOTE=Gfactor] Also if the guy was driving without insurance: [http://www.michigan.gov/documents/cis\_ofis\_noflt\_gd\_25094\_7.pdf](http://www.michigan.gov/documents/cis_ofis_noflt_gd_25094_7.pdf) [/QUOTE] 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? ---
**Author:** ![Least\_Original\_User\_Name\_Ever](https://avatars.discourse-cdn.com/v4/letter/l/e480ec/32.png) [@Least\_Original\_User\_Name\_Ever](https://boards.straightdope.com/u/Least_Original_User_Name_Ever)\ **Post date:** [August 11, 2008, 2:20am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/17 "2008-08-11T02:20:09Z")
500 bucks is all I can get in small claims court. I can sue, however. That’s in the works, I believe. ---
**Author:** ![Anastasaeon](https://avatars.discourse-cdn.com/v4/letter/a/73ab20/32.png) [@Anastasaeon](https://boards.straightdope.com/u/Anastasaeon)\ **Post date:** [August 11, 2008, 2:52am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/18 "2008-08-11T02:52:39Z")
[QUOTE=Least Original User Name Ever] 500 bucks is all I can get in small claims court. I can sue, however. That’s in the works, I believe. [/QUOTE] **LOUNE** , I’m really, _really_ glad you’re okay. Shit, bro. ---
**Author:** ![Queen\_Tonya](https://avatars.discourse-cdn.com/v4/letter/q/4491bb/32.png) [@Queen\_Tonya](https://boards.straightdope.com/u/Queen_Tonya)\ **Post date:** [August 11, 2008, 3:09am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/19 "2008-08-11T03:09:27Z")
No more Red Rocket? ☹ 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. ---
**Author:** ![SSG\_Schwartz](https://avatars.discourse-cdn.com/v4/letter/s/e9a140/32.png) [@SSG\_Schwartz](https://boards.straightdope.com/u/SSG_Schwartz)\ **Post date:** [August 11, 2008, 3:09am UTC](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540/20 "2008-08-11T03:09:32Z")
**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 [Next page](https://boards.straightdope.com/t/loune-gets-in-first-car-accident/459540.md?page=2)