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Careless driver hits me and Im the one who has to pay??

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hondadeirdre

Junior Member
What is the name of your state? Michigan. I was rear ended and the driver that hit me was completely at fault and cited and everything for the accident. I am wondering why I have to pay for the damages to my car when i did nothing wrong except for being in the wrong place at the wrong time. The car in front of me had stopped to turn on a two lane street, as I slowed down behind him, i could see the man behind me was not slowing down as he was looking off to the side through his window and not paying attention at all. i veered off to the small shoulder of the road (its also a no-passing zone) to avoid him crashing into me and he did the same once he finally "woke up" and realized the traffic had stopped at the last moment so there was nowhere i could go to avoid him running into me. Even the officer told me I did everything I could to avoid the accident.

I feel the careless driver that hit me should either pay or his insurance company should have to reimburse me the total amount of my repairs. my insurance company told me that since Michigan is a no fault state that i may have to take him to small claims and the most he may have to pay is $500. Is this right??? If It is, it certainly doesn't seem fair at all. I am a single mother and right now I am very inconvenienced being out $872 dollars for the damages and without a vehicle for an entire week. I am already living paycheck to paycheck and this is a huge financial setback for me. I would greatly appreciate any advice on if i can take him to small claims to at least be reimbursed for all the damages since I'm not sure if I believe what I've been told by my insurance company. My deductible is $1000 unfortunately but why should my insurance be responsible and my rates go up because of this careless other driver in the first place. Luckily I was not injured and did not have my baby in the car with me at the time of the accident. Either way, I will definitely choose a higher premium for more coverage after this incident. Thank You!What is the name of your state?
 


moburkes

Senior Member
Michigan is a true no fault state. Each driver goes through his own insurance company for damages to his vehicle. Depending upon which collision coverage you have, you may or may not have to pay for your deductible. If you do have to pay a deductible, then, like the poster above stated, you can sue for up to $500 of your deductible back.
 

ecmst12

Senior Member
That's the way it works in your state and I agree it's not really fair. Search for other posts from Michigan drivers in this forum (there have been a lot lately!) for more information.
 

moburkes

Senior Member
That's the way it works in your state and I agree it's not really fair. Search for other posts from Michigan drivers in this forum (there have been a lot lately!) for more information.
I don't understand why you think it's unfair. In your state you go to your own insurance company as well. Your state has a "partial" version of no fault.:confused:
 

hondadeirdre

Junior Member
thank you for the feedback. i appreciate it so very much. I will certainly do anything I can to at least get reimbursed for the $500 then. my insurance claims rep. said they would help get it back also even if it means small claims court. Thanks again!
 

ecmst12

Senior Member
Basically because PIP coverage is mandatory in PA, and there is no deductible on it, so as long as the driver has at least state minimum coverage, he/she will never have to pay anything out of pocket for medical bills in a not-at-fault accident. And after PIP is exhausted, the at-fault driver's insurance is responsible for the bills. So a not-at-fault driver in an accident will not be stuck with any bills. In MI, collision coverage is optional so a not-at-fault driver COULD still get stuck with significant bills. As we've seen a lot of lately.
 

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