If the car you were driving is uninsured and you were the registered owner of the vehicle, EVEN IF THE OTHER PARTY WAS AT FAULT, you are generally legally barred from bringing suit against the other driver.  

And,  if the other driver caused the accident BUT IS NOT INSURED, your own policy will pay for your personal injuries only if you have "uninsured motorist" or medical payments" coverage. If the other driver's insurance is not enough to pay for all of your damages, your own insurance may pay the difference IF you have "underinsured motorist" coverage.

If, however, you do not have this kind of insurance, or if your damages are more than the policy's limit, you MAY be able to sue the other driver. Under these circumstances you should consult a lawyer. However, even if you win the case, you cannot be sure that the other driver has the money to pay. Many people who are "uninsured" also are "uncollectible," which means that even if you win a "judgment" against them, they will be unable to pay it. If they have a steady job, you  may be able to garnish their wages. However, you will have to know where they work in order to do this.

Under Michigan's "Mini Tort" Law, you can recover up to $500 for vehicle damage not covered by insurance.  You can sue the other driver if you were no more than 50% at fault in an accident.  If you were partially responsible for the accident, however, any court award in your favor would be reduced accordingly.  These Mini Tort lawsuits are handled in Small Claims Courts by the individual motorists involved.

If the person who hit you had been drinking you may be entitled to bring a a "Dramshop" law suit (separate from your insurance claim), against the person or bar who inappropriately served or sold alcohol to a person involved in the accident. The most common Dramshop Claims involve alcohol being served to someone who is visibly intoxicated.  A valid Dramshop Claim also exists if alcohol was served to a minor. There are veryc omplex laws governing Dramshop Claims, and  the period to assert such a claim is very limited.  If alcohol was involved in your accident, you should contact an attorney immediately.  (Click here to find a lawyer.)

Finally, sometimes an uninsured individual is an innocent passenger in a motor vehicle. In such circumstances, determining who is responsible to pay No-Fault Benefits can be complex, and an attorney should be consulted to verify that your claim is being handled by the proper insurance company.

Often times insurance companies may vigorously fight against paying damages to an injured victim. Or, an insurance company will offer a minimal amount of money in exchange for you signing a document stating that you won't sue them. We recommend that you never take an insurance check without first consulting an attorney.