I was the victim of an accident on December the 16th where the other driver turned in front of me and both vehicles were totaled. My insurance had lapsed, which the officer informed me of, however I was not issued a ticket. The other driver was found to be 100% at fault, which was verified by a witness at the scene. The driver was ticketed for failure to yield.
I contacted the other driver’s insurance to file a claim or mini Tort. I was asked for the Police report, which I have, and was asked for pictures of the vehicle, which I have. I was also asked for the declaration of insurance stating what coverages and dates my car was insured.
My question is, if the other driver was 100% at fault, do I have to provide his insurance company with the declaration of my insurance? And if so, does the other driver’s insurance company need to know the dates my car was covered?
I called my insurance company and they said they can provide me that information, however I don’t think whether or not my car was covered should have any bearing on whether they are responsible to pay the claim. If they see my insurance had lapsed, can they deny the claim? Will I get fined or otherwise penalized? What should I do here? Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Answer
Dear Jeff,
While most states require drivers involved in car accidents to exhibit their insurance information, Michigan law appears not to have that requirement. We refer you to Michigan Revised Statute, Section 257.619 Accidents; duties of driver.
With that read, we don’t believe you are required to give the at-fault driver’s insurance company information about your insurance, or lack thereof.
However, if you and the other driver have the same insurance company, you will be required to cooperate. Car insurance policies require insureds to cooperate with the insurance company in the investigation of the claim. Failure to do so can result in the cancellation or non renewal of your claim.
Under the circumstances, it appears the insurance company already knows you were not insured at the time of the crash. While you can refuse to cooperate with the at-fault driver’s insurance company (presuming the at-fault driver has a different insurance company than you), doing so may only delay a settlement of your claim.
Learn more here: Michigan Car Accident Guide
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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It’s against the law to drive without insurance, so yes you must be honest with the insurance co. They may pay the claim but you will be reported to the DMV and fined for lapse in coverage.
You’re lucky it was not your fault or you would be sued for damages and your job wages garnished to collect.
Learn a lesson from this and do auto pay for your monthly car insurance premium. It’s not worth being without coverage with all the ambulance chasing lawyers. Good luck to you.