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  1. #1
    vanilla_girl is offline Junior Member
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    Car was hit, no fault insurance

    What is the name of your state? Michigan

    About two weeks ago, I was waiting in line to have my oil changed. It was taking awhile so I put my car in park. The guy infront of me decided not to wait anymore and backed into me. We got out, I asked if I should call the police and he said "no". I asked for his insurance, he gave it to me and he took off (he did not take my insurance). After he left, I called the police, then I went and got an estimate on my car. It was around $850 in damages. I called my insurance and I have a $1000 deductable (spelled that wrong). His insurance denied to pay since Michigan has no-fault. (I havn't gotten the denial letter in the mail yet, they say it's coming). So we are filing a Mini-tort (is that what it's called?) and they *might* pay up to $500. My question is: Can I take them to small-claims court to pay the rest? And if I did, who would I take, the insurance company or the man that hit me?
    thanks in advance for any help, all this insurance stuff confuses me.
  2. #2
    Lynx 36 is offline Member
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    Quote: "I asked if I should call the police and he said "no".

    Why did you ask him if you should call the police? It isn't his decision. Always call the police in an accident.

    Quote: " His insurance denied to pay since Michigan has no-fault."

    That isn't what "no-fault" means. When you have a car accident, if there are any injuries, the injured parties have all their medical bills paid by their own insurance company initially. They can subrogate later. This is all this means. Someone will be determined to be at fault in the accident. The insurance companies will make this decision.

    Quote: "So we are filing a Mini-tort (is that what it's called?) and they *might* pay up to $500."

    Who are you filing the mini-tort against? And who is "they" who might pay?

    Quote: "And if I did, who would I take, the insurance company or the man that hit me?

    If you go to small claims court, you would sue the person who hit you. His insurance would provide him counsel.
  3. #3
    vanilla_girl is offline Junior Member
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    thanks for answering.
    1. I asked if I should call the police since I had never been in an accident before, and was kinda confused (it all happened so suddenly). He was gone 5 minutes after hitting me, and by then I was thinking to myself "ok, call police, call insurance"

    2. What exactly does no-fault mean then. Since he hit me, does he (or his insurance) have to pay? Or is it all up to me? (there were no injuries).

    3. My insurance company is filing a mini-tort against his insurance company.

    Like I said, I really don't know much about insurance, so any help is really appriciated.
  4. #4
    Lynx 36 is offline Member
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    Quote: "2. What exactly does no-fault mean then. Since he hit me, does he (or his insurance) have to pay? Or is it all up to me? (there were no injuries)."

    No-fault applies to injuries only. Like I said in my previous post. No-fault states require that anyone injured in an auto accident turn all their medical bills in to the carrier of the car they were in initially. There will be someone at fault f/ the accident. Insurance companies will then send all the medical bills to the company that assumes liability f/ re-imbursement, this is called subrogation. I won't bore you w/ the rest of the process, but you get the idea.

    Quote: "3. My insurance company is filing a mini-tort against his insurance company."

    That's strange. Lucky you. If the damage is under deductable most companies will make a couple calls on your behalf but then will let it go.
  5. #5
    Happy Trails is offline Senior Member
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    No-Fault States
    In some states, called no-fault states, insurance companies are legally required to pay a policyholder's covered losses, regardless of who is at fault in an accident. Some no-fault states also restrict the right to sue for damages.

    In states without no-fault regulations, the insurance company covering the person who caused an accident is forced to pay for covered losses.

    WHAT IS THE DIFFERENCE BETWEEN "NO-FAULT" AND "AT-FAULT" ?

    Often, the laws of the state in which the accident occurs determines who pays for the damages incurred in an accident. About half of the states in the US have adopted so-called "no-fault" liability laws. Under a no-fault system of law, it does not matter who was "at-fault" or "caused" the accident. No-fault states adopt the approach that everyone is to "make themselves whole" after incurring damages as a result of an auto accident. By making everyone responsible for his or her own loss, states hope that the number of lawsuits will be reduced, since liability does not have to be determined.

    Read more at:
    [url]http://accident-law.freeadvice.com/no_fault_at_fault.htm[/url]
  6. #6
    vanilla_girl is offline Junior Member
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    ok, so from what you've told me, I am responsible for all damages to my car and I just have to hope that his insurance will give me $500 for the mini-tort claim. That bums me out, but I guess I will just have to suck it up and pay the extra money. I'm still deciding if I want to take him to small claims court. Thank you so much for all your help. I may have more questions if I do decide to take him to court.
  7. #7
    vanilla_girl is offline Junior Member
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    have another question:

    for me to file my mini-tort, *his* insurance company asked for my declaration of coverage and the estimate of damage. Today, (4 days later) I called to see what was going on with it, and they said I never gave them the police report. I called the police station to get the police report and the clerk said that THEY (his insurance company) needs to get it, not me, esp. since it costs money. I called *his* insurance back and they said *I* need to give them the police report since I'm the one filing the mini-tort. Who's lying to me?
    thanks in advance for your answers.

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