Legal Question in Civil Litigation in Michigan
Automobile accident involving another person's automobile
My sister and brother had both been drinking. My brother chose to drive my sister home in her car (which was a 2001 Volvo S70 that she had owned for about two days with about 200 miles on the it). My brother was driving about 60 in a 35 and crashed the car. He was arrested and is facing a DUI (he blew a 1.7). The insurance company will not total the car. The estimator claims the damage to be about $25,000 and will take about 18 weeks to repair. The car cost $40.000 new. My sister wants my brother to purchase a new car for her and he can take the car that he crashed and deal with it. What is my brother's liability. What are my sister's rights.
Thank you.
3 Answers from Attorneys
Re: Automobile accident involving another person's automobile
Under Michigan law, he may be liable only for the deductible. That is no fault. However, there may be another remedy. There has been a class action case filed against insurance companies in other states saying that the insurer must not only repair the car, but must pay for the lessened value of the car due to the fact that it was in a severe accident. I have been looking for someone to bring such an action. Tell your sister to call me.
Re: Automobile accident involving another person's automobile
I forgot to mention that your sister should call me at 248-353-9400. Bill Stern
Re: Automobile accident involving another person's automobile
I've read Bill Stern's reply, and I agree with his avenue of approach. I know Bill to be a good lawyer who will serve your sister well.
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