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Uninsured owner-driver must pay insurance company's expenses after collision

Titan Insurance Company secured a judgment for $49,000.00 and change against Jonathan Jeffrey Thomas, representing medical bills, loss adjustment costs, and attorneys fees incurred by Titan after Thomas struck a parked car, with his uninsured car, resulting in the death of his passenger.  Titan was the insurer for the parked car, and thus the only insurer obligated to pay the PIP expenses related to the passenger's injuries. 

Thomas appealed, arguing that Titan failed to prove that Thomas was at fault in causing Titan to incur the medical expenses related to his passenger.  The Court of Appeals upheld the summary disposition that the Court awarded to Titan, pointing out that under the no fault act, Titan was not required to prove negligence or fault by Thomas in order to secure a judgment against him.  Since he was operating a vehicle that he owned and had not insured, his passenger could have been drunk and entirely at fault in causing her death and Titan would still be entitled to sue Thomas for the expenses it incurred.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
Toll Free: 1-800-678-1307
Fax: 231-929-7262