Mini-tort/suing for damages

[turbo]

What is the name of your state?What is the name of your state? Michigan

Auto accident early November - other driver pulled in front of me. I
have a police report with a hazard action code of "8" for him, and "0"
for me - can someone please interpret this? The officer verbally told
me he was faulting the other driver 100%.

His (company) car was covered under the company policy, but the
insurance company has no record of the policy; I don't know if I
copied it wrong, or if something fishy is going on. Regardless,
I'm being stonewalled there. The other driver has not submitted
any form of claim.

I do not have collision coverage on my vehicle.

If I choose to take the driver to small claims for damages, must I
first exhaust the mini-tort option, or can I just sue for complete
damages, and let him worry about recovering the $500 from his
insurance company?

Assuming the other driver is 100% at fault, is this pretty much a
slam-dunk?

Thanks.

 

[justalayman]

Are you a Michigan driver?

Are you aware Michigan has "no-fault" auto insurance coverage.

About all you are going to get is the $500. (if that is the current amount allowed by law)

The other driver would be responsible for it whether he has insurance or not.

 

[mlk1978]

What is the name of your state?What is the name of your state? Michigan

Auto accident early November - other driver pulled in front of me. I
have a police report with a hazard action code of "8" for him, and "0"
for me - can someone please interpret this? The officer verbally told
me he was faulting the other driver 100%.

His (company) car was covered under the company policy, but the
insurance company has no record of the policy; I don't know if I
copied it wrong, or if something fishy is going on. Regardless,
I'm being stonewalled there. The other driver has not submitted
any form of claim.

I do not have collision coverage on my vehicle.

If I choose to take the driver to small claims for damages, must I
first exhaust the mini-tort option, or can I just sue for complete
damages, and let him worry about recovering the $500 from his
insurance company?

Assuming the other driver is 100% at fault, is this pretty much a
slam-dunk?

Thanks.

I can't interpret the police report language, but you can call your local department and ask them. I'm sure they wont have a problem helping you with that.

If you aren't getting anywhere with the insurance company. Have your agent call them for you. Insurance companies seem to deal better with other agents rather than the claimant. Or you can try a lawyer.

As for the litigation end. If you have no collision coverage, then you cant get money from the mini tort. Like the previous poster said the max you can get from that would only be $500 anyway. You can't realy sue him in court for damages to your car. But if you have any inujuries (physical or mental) you can sue for that. Good luck!

 

[turbo]

Are you a Michigan driver?

Are you aware Michigan has "no-fault" auto insurance coverage.

About all you are going to get is the $500. (if that is the current amount allowed by law)

The other driver would be responsible for it whether he has insurance or not.

Yes, I am a Michigan driver, and I am aware of the no-fault.

I was under the impression that I would get the $500 mini-tort regardless. My
question is if I need to collect that prior to suing the other driver for
the balance of the damages.

Thanks

 

[justalayman]

The no-fault law protects insured persons from being sued as the result of an auto accident except in the following circumstances:

If you cause an accident in Michigan inwhich someone is killed or seriouslyinjured.

If you are involved in an accident inMichigan with a non-resident who is an occupant of a motor vehicle not registered in Michigan.

If you are involved in an accident in a state other than Michigan.

For up to $500 in damages to another person's car, which is not covered by insurance, if you are 50% or more at fault in the accident.
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This is a clip from some laywers website in Mi. It does state very simply the basics of the MI no-fault ins law.

In Mi it's a you pay for your own damage thing. Not right in my mind but what it is.

 

[turbo]

Thank you - that (and another link I found) clarifies things quite
well.

Having no collision coverage, I can sue him for UP TO $500 under the mini-tort
provision, but not for any more than that.

That being said, assuming he is 100% at fault according to the police
report, is this pretty much a sure thing in court? I'm trying to gauge
whether going to court, and then trying to collect, will be worth it.

Thanks

 

[justalayman]

Yes, I am a Michigan driver, and I am aware of the no-fault.

I was under the impression that I would get the $500 mini-tort regardless. My
question is if I need to collect that prior to suing the other driver for
the balance of the damages.

Thanks,

Matt

You are misunderstanding the law. You don't get to sue him for "the rest of the damages"

That's all there is to it. $500 . That's it unless there was some terrible physical personal body damage.

 

[justalayman]

Thank you - that (and another link I found) clarifies things quite
well.

Having no collision coverage, I can sue him for UP TO $500 under the mini-tort
provision, but not for any more than that.

That being said, assuming he is 100% at fault according to the police
report, is this pretty much a sure thing in court? I'm trying to gauge
whether going to court, and then trying to collect, will be worth it.

Thanks

You shouldn't have to sue him at all. Just call up his insurance company (hae an accident report handy) and ask them how to get your $500.

It shouldn't be too tough at all.