AboutRichard Expertise I have been the no-fault insurance administrator and arbitration specialist for 18 years working for a plaintiffs` law firm. I have a copy of and am familiar with the newest Reg.68 of the New York State insurance law and have sucessfully represented over 300 applicants at hearings and have guided more than 1,500 more that didn`t need to actually go to a hearing.
Question I was involved in an auto accident in Michigan on Oct. 22, 2004. My insurance coverage had lapsed due to it not being paid on time so I was not insured. I am now being sued by the other driver's insurance company for the amount of damages and have to file an answer to the courts to avoid the motion for judgment to be granted. Is there a statute in Michigan for the insurance company to file suit? Also, what are the chances that I can work something out with them without this turning into a judgment?
Answer Hi David, as far as I know there is no statute in existence which would bar the insurance company from attempting to recoup their money from you. The other driver's insurance company must have paid out on their insured's damages and thus it is they who are out the money and have the right to make a claim and also a suit against the at-fault driver which in this case is you. Your best bet here would be to call them and attempt to negotiate the amount of their claim and also to arrange a payment schedule so as not to be subject to interest penalties that they would claim from you if they received a judgement.
