843de

OK ffdpsoldier, I have some info for you, and as firemangeorge stated...I'm the legal mind here by dint of being a lawyer. But, the info I have is more of a self help deal for you since I'm not licensed to practice in Michigan. Because of that I can't give you direct legal advice, that would constitute a lawyer/client relationship which in not possible due to the aforementioned lack of a license from the Michigan Bar.

First, here's a link to the Michigan Court System on filing a small claims suit, you do not require a lawyer to file a small claim. If judgement is rendered in your favor and the defendant does not pay, the court will assist you in collection efforts. Click the link below, and read it thoroughly please.

http://courts.michigan.gov/scao/self...ms/sc_help.htm

Now the maximum amount of a small claims judgement in your state is $3,000, that's all you'd be able to recover.

The individual who hit you/caused the accident has committed a criminal offense in the State of Michigan by driving without insurance, the officer who responded should have issued a criminal citation to that effect. Driving without insurance in your state is punishable by a fine and immediate suspension of driving privileges.

Because your vehicle is more than likely a total loss, and valued at more than $3,000 I would advise filing suit against the other party in the Court of Common Pleas. For that you will require legal representation, contact a few local lawyers and ask them if they will take your case on a "Contingency" basis. If you receive a judgement in your favor, the lawyer will take a percentage as his/her fee, you will receive the rest. If the defendant refuses to pay the judgement, the court will assist in collection efforts on your behalf.

If you decide to go either route, get an insurance adjuster or body shop to give you an estimate on your HHR in order to establish its current value and whether it is in fact officially totaled out.

Hope this helps, its a lot of info, but go to that link I put up for you and read everything.

ffdpsoldier

I was considarding going for more than the 3,000$ amount, however most lawyers want an "injured victim to collect money" at least by the 20 or so I contacted because its "not worth there time"
the woman that caused the accident, was not the owner of the vechical, she provided the officer with some information on insurance however that information was wrong because my insurance company can not find any information on eather the Driver or the owner of the car with that insurance company since 2010.
so after she provided this false info she hoped on the emergancy vechical to get off the site, but was fine (probly just fleeing the scene)

I would like to get about 8,000 at least because of the total car but also having to buy another one so I am out 8000 for the old and another 8000 for the new replacement. but not sure if i could get more than the cost of the HHR.

843de

You need to talk to "Non-Ambulance Chasing" lawyers, not the yellow pages variety who go after personal injury cases, if an attorney is only interested in the "injured victim collecting a cash award"....you've got the classic Ambulance Chaser.

Grab your white pages and contact several law firms for a consultation, the first consult is almost always no charge, if they think you have a viable case you can work out representation on a contingency basis.

Don't talk to the "Big Name" law firms, contact the smaller firms, they are able to provide the personal service you deserve so you don't become case #3,456,789 for the year.

As to recovering more than the vehicle is worth, not going to happen, but you can sue for time lost and income lost due to the damages incurred. You should also contact the PD to check on the status of the criminal investigation into the accident, if she fled the scene after providing false information, she's in big trouble.

I wish I could say you're guaranteed of ever seeing a penny out of this, but if you're determined and prepared to go after the party who is in the wrong, then fight tooth and nail to recover damages.

ffdpsoldier

Im not sure if i could collect for time loss if Im a full time student.
it did make me miss Rotc(military) training, but nothing which stopped any flow of money.

donbrew

I think it great that a full time college student can own a 2006 HHR outright. When I was a student a 8 year old VW for $500 was partially financed.

ffdpsoldier

well from starting college 2009 I had bought a 98 BMW z3,
than in 2010 bought a 99 dodge ram 1500.
the dodge broke down, then traded in the bmw for the HHR in 2011
than in 2012 hhr broke down, now have an 2008 cobalt.

sleeper

ffdpsoldier- we had a '96 Z-3 for almost 10 yrs.. That was a fun lil ride !!!

ffdpsoldier

yeah I hated to trade it in, I had custom seats, side panels, chrome roll-bars, new top, halo lights, new interior trim, but I needed a vechical for winter purposes. when I lived in houston, I was able to max the car out at 129mph on the highway

shadowpain1691

You could probably part it out to start getting some cash. then after not being able to sell anymore find a junkyard to buy the rest. you wont get the money your looking for but will be more then selling it out right