Q: Drunk Driver accident in a no-fault state?
My brother and mom got in an accident last night. A drunk driver left a bar and barely made it 500 feet before hitting them head on, in their lane. We live in a no fault state. He also fled the scene. The driver worked at the bar and they let him go, knowing he was intoxicated. What can we do? Do we have the rights to sue him AND the bar?
A: Call your insurance company; they will take it from there. Depending on a number of factors, you may want to engage a local attorney in what is called a dram shop case.
A: For wage replacement benefits and medical expenses, your family will need to look to their own insurance, since MI is a no-fault state. They can go after the at-fault driver for pain and suffering and they can go after the bar for what is called a dram shop action (over-serving, basically). However, there are important notice deadlines for dram shop actions, so they will want to start the investigation sooner rather than later.
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