CA - Brandy's fatal car crash, 30 Dec 2006

[ljwf22]

I think even in no-fault states you may still have the option to sue in cases of death and severe injury.

ETA:I should add that you are correct. I kind of missed your real question. sorry.

In Michigan you cannot sue. Let me add that I'm pretty sure you can't. Your insurance company pays whether you're at fault or not. You can try to recover your deductible if the other driver is at fault.

 

[Autumn2004]

In Michigan you cannot sue. Let me add that I'm pretty sure you can't. Your insurance company pays whether you're at fault or not. You can try to recover your deductible if the other driver is at fault.

Technically you can sue, over medical bills, loss of wages, and loss of life. Just you cant sue for the repair of your car.

 

[JBean]

In Michigan you cannot sue. Let me add that I'm pretty sure you can't. Your insurance company pays whether you're at fault or not. You can try to recover your deductible if the other driver is at fault.

I think there are only 2 states that are pure no-fault..maybe Michigan is one of them.

 

[ljwf22]

Technically you can sue, over medical bills, loss of wages, and loss of life. Just you cant sue for the repair of your car.

Sounds like there are some exceptions (from the State of Mich. website):

"A Michigan no-fault policy provides unlimited medical and rehabilitation benefits. It provides wage loss benefits fo rup to three years, and $20 per day for replacement services if you are injured in an auto accident, regardless of fault. In exchange for these benefits, Michigan motorists gave up the right to sue in auto accidents except when someone is killed or very seriously injured. Because of this, disputes over who was at-fault in an accident will not hold up payment of medical bills. Michigan is unique in that damage to vehicles also falls under the no-fault system. This, too, saves time and money in claims payment. Michigan drivers must buy collision and/or comprehensive insurance to cover damage to their own car."

Saves time and money, my foot! I wonder who gets to define "very seriously injured"?

Brandy's case is sad all the way around.

 

[JBean]

Maybe there aren't any pure ones? not sure.

In most states, auto insurance functions under a traditional fault-based system. Under this system, insurance companies make payments based on each person's degree of fault in an accident. However, long and costly court battles may be required to determine who was at fault in many accidents. In an attempt to reduce this problem, thirteen states (CO, FL, HI, KS, KY, MA, MI, MN, NJ, NY, ND, PA, and UT) have adopted an alternative no-fault system of insurance.
Under a no-fault system, when you have an accident, your auto insurance provider automatically pays for your damages (regardless of fault) up to a specified limit. In exchange for this guaranteed payment, you must forego some of your rights to sue the other driver involved in the accident. By the same token, you are also protected from being sued in the event you are at fault in an accident. There are elements of no-fault in all auto insurance coverage. For example, medical payments and property damage are typically paid regardless of fault.

Under a pure no-fault system, your auto insurance provider pays for any economic damages (such as medical bills, lost wages, etc.) up to the policy limit, and you are completely prohibited from suing a negligent driver for "non-economic" damages (such as pain and suffering, loss of companionship, etc.).

At the present time, no states function under a pure no-fault system. Instead, all thirteen no-fault states have adopted a modified no-fault system. This means that your insurer still pays for your economic damages up to the policy limit, but you may be allowed to sue for non-economic damages if the amount of these damages exceeds a specified threshold.




http://www.insurance.com/Article.aspx/Defining_No-Fault_Insurance/artid/117

 

[Melisinde]

Actually, ability to sue for pain and suffering depends more on limited tort or full tort. If you have full tort, you can sue for pain and suffering... but it costs about twice what limited tort does and thus, most people have limited tort. Now, pain and suffering is of course different from actual medical bills, but... should be mentioned nonetheless. Least, that's how it goes in PA. As far as PA laws, we're a no-fault state but not pure no fault which means your medical bills are paid by YOUR carrier. (When my husband was in an accident in November, our insurance paid for it even though he was not at fault.) Paying medical bills like this does not make your insurance go up however. Now, since we have limited tort, we cannot sue for anything BEYOND what was paid in medical bills, ie. pain and suffering. Meh- I shouldn't even talk about PA insurance law. It's completely convoluted, backwards, and I hate it. We still are a "joint and severable liability" state too...

At any rate, this family shouldn't be suing for $50 million. $2 million, $10 million, whatever. I don't even think Brandy HAS $50 million at this point though. If it were an average person on the street, they wouldn't be suing them for $50 million. I'm not saying that Brandy is being unfairly targeted or that she shouldn't face charges. If she was negligent, she should do jail time, pay a fine, and pay damages imo. However, $50 million is an insane amount... and is only being asked for because of her celebrity.

 

[Peter Hamilton]

This is so sad - for the family of Awatef Aboudihaj and for Brandy.

Do y'all remember many years ago when Matthew Broderick got into a head-on collision in Ireland (I think) and killed a boy? I believe her got a number of years of probation. Don't know if the family of the boy killed sued him or not, but they probably did.

I think something like this would weigh on a person forever.

--I thought that Mathew actually killed two women in that car accident because he was driving on the wrong side of the road??

 

[Peter Hamilton]

I don't blame them for the 50 million dollar lawsuit--She's rich and she was at fault--but she wasn't drunk or high---I'm sure the family will settle for maybe a few hundred thousand,if that much

 

[tezi]

Well, it makes me mad that they are saying that she is being prosecuted because she is rich and black. If it were me, I would have been charged and hauled to jail in no time flat. With that being said, I think that it's a terrible tragedy, for both parties. I feel sorry for Brandy because she has to live with this for the rest of her life; and I feel sorry for the family of the woman that died, because she'll never come home again.

 

[michelle]

Well, it makes me mad that they are saying that she is being prosecuted because she is rich and black. If it were me, I would have been charged and hauled to jail in no time flat. With that being said, I think that it's a terrible tragedy, for both parties. I feel sorry for Brandy because she has to live with this for the rest of her life; and I feel sorry for the family of the woman that died, because she'll never come home again.

:clap: Perfect. I totally agree.