What can we do if an uninsured officer was injured? 5 Answers as of May 01, 2012

If I was driving an un insured vehicle with an off duty officer as a passenger and was in an accident that wasn't my fault but he was seriously injured could I be charged with a crime? What if the Off Duty Officer is my husband? Can I still be charged with a crime? The driver at fault of the accident did not have insurance and had a suspended license could you help answer this question for me?

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
The law requires ALL vehicles being operated on Michigan roads/highways be insured. If you were operating an uninsured vehicle, you are in serious trouble, whether or not the accident was your fault. As long as the officer was NOT the owner of the vehicle, he can apply to his own auto insurance compay for his no fault benefits, which would include medical benefits for life, lost wages for up to 3 years (85% of average gross wages), household replacement services for up to 3 years, medical mileage for up to 3 years, and if he was hurt badly enough to require attendant care, he would be entitled to that for however long it was necessary. The officer's insurance company could (and probably would) sue YOU to collect whatever it had to pay out. You will lose your license to drive because of the judgment against you. If the officer is smart enough to have uninsured motorist coverage on his insurance (or a resident relative), then he can seek his pain and suffering from that insurance company, due to the other driver being at fault for the accident.
Answer Applies to: Michigan
Replied: 5/1/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
Who the passenger is makes little difference (cop, fireman, letter carrier, doctor, lawyer). If you're at fault, they would be able to sue you. Even your husband. Since the other driver was ticketed and presumed to be the 'at-fault' driver I doubt you'd be charged with anything, although nothing is certain when it comes to the cops. Arrested? For what? Were you drinking? Did they find drugs or weapons? You'll more than likely have to show up at court to testify against the other driver as witness.
Answer Applies to: Michigan
Replied: 5/1/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
The officer part is irrelevant. Driving your own car without insurance is a crime in Michigan. If a passenger is injured, they can collect benefits unless it's their owned car. It goes to your own policy.
Answer Applies to: Michigan
Replied: 4/30/2012
Koning & Jilek, P.C.
Koning & Jilek, P.C. | Jonathan Neal Jilek
He may be able to sue your uninsured motorist benefits.
Answer Applies to: Michigan
Replied: 4/30/2012
Lennon Miller O'Connor and Bartosiewicz PLC | Christopher Morris
If you were insured at the time of the accident, then you did not do anything illegal. An uninsured driver is not covered by the Michigan no-fault statute so they cannot sue you for damages. It does not matter if the passenger was a family member or not, they would have a claim for no-fault benefits against your insurance policy. In fact, an injured passenger may have a claim against the driver of the motor vehicle they were riding in and a claim by a passenger against the driver would be covered by regular no-fault insurance. The majority of insurance policies in Michigan are sold with something called "uninsured motorist coverage" although that coverage is optional. That coverage pays for wage loss beyond three years and pain and suffering so even if the driver that caused the accident was uninsured, you may still be able to collect insurance proceeds from your own policy. You should check with your insurance agent about uninsured motorist coverage. If you do consult with an attorney. Your passenger should also consult with a different attorney since he/they may have rights which are different than your rights even if they are family members.
Answer Applies to: Michigan
Replied: 4/30/2012
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