Auto Accicent in Michigan

[newimges]

Michigan

My husband was in an accident in Michigan last month. He was in the right lane and the other driver was in the left lane and just came over into the right lane without any warning and hit our van causing $2800 in damage. The police came and gave the other driver a ticket for Failing to Yield. I contacted our insurance company the next day and made the claim. I also have a copy of the police report. We already had the vehicle fixed and had to pay our $550 deductible.

It turns out that the owner of the other vehicle is a business in Ohio. I am aware of the Mini Tort in Michigan that we can recover $500. My insurance company advised me to send the other insurance company a copy of the Police Report, Declaration, and Estimate of Repairs along with a request for the $500. The other insurance company contacted us directly and told us that the Mini Tort was not covered under the business' insurance policy. My insurance company told me to send the request anyway and ask for their denial in writing.

My question is who do I go after for the $500? The driver of the vehicle or the business that owns the vehicle?

Thanks in advance for your help.

 

[alnorth]

Sue them both and let the judge sort it out. Its easier to drop someone from a lawsuit than to add someone that you should have included.

The only problem is that you might not be able to sue in small claims since they are out of state, depending on the small claims rules in your state.

 

[newimges]

Thanks for the response.

I didn't think it would be a problem to sue in small claims court in Michigan since the accident occured in Michigan.

 

[moburkes]

You sure the person who caused the accident. However, the owner's insurance IS responsible for the $500. Ask for their denial in writing so that you can sue them. Or, contact the Ohio Department of Insurance and file a claim.

 

[newimges]

The owner's insurance company is Traveler's Insurance based in Connecticut. I'm not sure if the Ohio Department of Insurance can help me.

I did fax a request for the mini-tort to the insurance company along with the police report, declaration and estimate of the damages. How long should it take them to respond?

 

[ecmst12]

The POLICY is based in OH. It doesn't matter where the insurance company is based.

 

[moburkes]

The owner's insurance company is Traveler's Insurance based in Connecticut. I'm not sure if the Ohio Department of Insurance can help me.

I did fax a request for the mini-tort to the insurance company along with the police report, declaration and estimate of the damages. How long should it take them to respond?

Travelers, which is HQd in CT, writes business in all 50 states.
Contact the department of insurance. Don't wait for them to respond.

 

[newimges]

Travelers, which is HQd in CT, writes business in all 50 states.
Contact the department of insurance. Don't wait for them to respond.

Thanks.

I found a website http://www.ohioinsurance.gov but I am not sure who to contact or which form to file. There is a complaint form for the enforcement unit.

Any help you can provide is appreciated.

 

[moburkes]

http://www.ohioinsurance.gov/ConsumServ/ConServIndex.asp

In the bottom left-hand corner is a link to file a complaint.