Can I sue the owner, not driver, of the vehicle that left the scene?

by Cindy
(Detroit, MI)

Someone hit my car from behind and left the scene of the accented. We didn't get their name or number. My insurance company has appointed a Subrogation Recovery Service to pursue compensation on their behalf.

They have sent many letters to I think the owner of the vehicle with no response. They want the owner of the vehicle to issue them a check for $189.00 for personal injury protection payable to the subrogation service.

They also stated to the owner to call them ASAP to discuss their position on this claim, and inform them if they are intending to issue a payment. If they don't hear anything within fifteen days then they will file or prepare for alternative methods that may include filling suit.

My questions: Can we in fact sue the owner of the vehicle? What if we don't hear from the owner? How would reimbursement work in a situation like this? Can't the police find the person who was actually driving? Thank you.

Visitor Question:
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ANSWER for "Can I sue the owner, not driver, of the vehicle that left the scene?":

Cindy (Detroit, MI):

You have a legal right to pursue the driver and owner of the car (if different). However, the amount in controversy appears to be $189. That amount is hardly enough to make filing a lawsuit against the owner worthwhile.

If the police responded to the accident, there will likely be a police accident report on file. If the accident occurred on a Michigan State road or highway, you can obtain a copy of that accident report at the Michigan State Police website.

Additionally, the Michigan Traffic Crash Purchasing System (TCPS) offers traffic crash reports, provided by all Michigan law enforcement agencies. The cost for a copy of the accident report is $10. TCPS provides a convenient way to obtain the crash report, without leaving home.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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TYPE OF ACCIDENT
AUTO ACCIDENT
PERSONAL INJURY
WORKERS COMPENSATION
MEDICAL ERROR
YES! I WANT FAIR COMPENSATION