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  1. #1
    mpmbcj is offline Junior Member
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    No-Fault Insurance and parked car-Michigan

    Live in Michigan. My car was legally parked in a school administration parking lot. I was sitting in the driver seat. Car was not running. An SUV attempting to pull out of the adjacent parking spot hit our car. What recourse do we have against the driver of the SUV as far as covering damages?
  2. #2
    teflon_jones is offline Senior Member
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    File a claim with the other driver's insurance company. No fault insurance only applies to bodily injury, not property damages. If the other driver doesn't have insurance or lacks the appropriate coverage, sue them in small claims court or file it with your own insurance company.
  3. #3
    justalayman is offline Senior Member
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    Quote Originally Posted by teflon_jones
    File a claim with the other driver's insurance company. No fault insurance only applies to bodily injury, not property damages. If the other driver doesn't have insurance or lacks the appropriate coverage, sue them in small claims court or file it with your own insurance company.

    Typically the at fault driver in an accident with another vehicle is only liable for up to $500 per accident (they call it a mini-tort action). The fact that your car was parked does relegate this damage to a personal property damage claim opposed to a vehicular damage claim.

    If they have coverage at all, (which is legally required) they have the proper coverage to cover your vehicle. Property damage is required coverage in Mi.

    Although you state youlive in Mi, just to be sure; the accident did occur in Mi, correct?

    The only way you are going to file it with your insurance company is if you have the correct, optional, coverage.
  4. #4
    moburkes is offline Senior Member
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    Quote Originally Posted by justalayman
    Typically the at fault driver in an accident with another vehicle is only liable for up to $500 per accident (they call it a mini-tort action). The fact that your car was parked does relegate this damage to a personal property damage claim opposed to a vehicular damage claim.

    If they have coverage at all, (which is legally required) they have the proper coverage to cover your vehicle. Property damage is required coverage in Mi.

    Although you state youlive in Mi, just to be sure; the accident did occur in Mi, correct?

    The only way you are going to file it with your insurance company is if you have the correct, optional, coverage.
    Both of your posts have me confused. Because he is in MI, OP's own collision coverage pays for the damage to his vehicle. depending on which collision coverage he chose (broad, standard, or limited), he may or may not have to pay his deductible. The at-fault's party may have purchased mini tort in which case the at-fault party's insurance company will pay up to $500 towards OP's deductible.

    OP, what is your deductible, and which type of collision do you have?
  5. #5
    justalayman is offline Senior Member
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    Quote Originally Posted by moburkes
    Both of your posts have me confused. Because he is in MI, OP's own collision coverage pays for the damage to his vehicle. depending on which collision coverage he chose (broad, standard, or limited), he may or may not have to pay his deductible. The at-fault's party may have purchased mini tort in which case the at-fault party's insurance company will pay up to $500 towards OP's deductible.

    OP, what is your deductible, and which type of collision do you have?
    If the car was legally parked, is considered property as opposed to a vehicle and the "no-fault" provision does not apply. The same as if the driver had had hit the guys fence or tree. It is an exception within the no fault statutes.

    Additioanlly, you do not purchase the "mini-tort" coverage. It is what the state allows you to recover from an "at fault" driver for damages to your vehicle in an accident. It is available regardless of whether anybody had insurance or not. It is merely a state regulated maximum liability in most cases for an at fault driver. It is not applicable in a property damage (as opposed to vehicle damage) case.
  6. #6
    moburkes is offline Senior Member
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    Quote Originally Posted by justalayman
    If the car was legally parked, is considered property as opposed to a vehicle and the "no-fault" provision does not apply. The same as if the driver had had hit the guys fence or tree. It is an exception within the no fault statutes.

    Additioanlly, you do not purchase the "mini-tort" coverage. It is what the state allows you to recover from an "at fault" driver for damages to your vehicle in an accident. It is available regardless of whether anybody had insurance or not. It is merely a state regulated maximum liability in most cases for an at fault driver. It is not applicable in a property damage (as opposed to vehicle damage) case.
    On the policies we sell, we offer the option for the consumer to purchase insurance, so that the insurance company will pay that $500, instead of the consumer. That's what I was speaking of.

    However, I appreciate the rest of the information about personal property. Thanks!!!
  7. #7
    ecmst12 is offline Senior Member
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    According to this site:

    [url]http://www.iiminfo.org/consumer/autos.aspx[/url]

    Coverage for hitting a legally parked car is mandatory for $1000. The mini-tort allows for up to $500 more, if damages are that high. If they are higher then that, I have no idea where the coverage would come from. MI's insurance laws are f-ed up and I don't understand them very well.
  8. #8
    justalayman is offline Senior Member
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    Quote Originally Posted by ecmst12
    According to this site:

    [url]http://www.iiminfo.org/consumer/autos.aspx[/url]

    Coverage for hitting a legally parked car is mandatory for $1000. The mini-tort allows for up to $500 more, if damages are that high. If they are higher then that, I have no idea where the coverage would come from. MI's insurance laws are f-ed up and I don't understand them very well.

    Where did you find this info on that page??
    This is the pertinent required coverage. It states $1 million dollars coverage for personal property. Notice it states that other vehicle coverage is not included unless properly parked.
    The mini-tort action would not apply because it is considered personal property damage because it is not a traffic accident. The mini-tort is for a moving vehicle accident.

    All drivers in Michigan are required by law to have three mandatory insurance coverages:

    (#2 on their list)Property Protection
    This provides coverage for damage caused by your car to property of others (except moving vehicles), regardless of fault.
    Coverage is provided up to a $1,000,000 maximum.
    Vehicles are excluded from coverage, unless properly parked.
    Property Protection does not apply to accidents occurring outside the state of Michigan.
    moburkes: Yes, I have seen the "mini-tort" coverage as you posted but since this is not a "traffic accident" there is no need for that and the "mini-tort" scenario does not apply. As posted earlier, this is a property damage accident, not a traffic accident and being such, the OP can sue for the entire amount of damages.
  9. #9
    ecmst12 is offline Senior Member
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    The "does not apply unless properly parked" I took to mean that if the car WAS properly parked, it WOULD fall into this category. So I don't have a clue what happens in the case you cause property damage of greater then $1000. Is the insured responsible for that? Kinda defeats the purpose of insurance if it only protects you against the first $1000 of damage you cause....what if you hit someone's boat? House? Run over their priceless ming vase?
  10. #10
    justalayman is offline Senior Member
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    Quote Originally Posted by ecmst12
    The "does not apply unless properly parked" I took to mean that if the car WAS properly parked, it WOULD fall into this category. So I don't have a clue what happens in the case you cause property damage of greater then $1000. Is the insured responsible for that? Kinda defeats the purpose of insurance if it only protects you against the first $1000 of damage you cause....what if you hit someone's boat? House? Run over their priceless ming vase?

    read the number again. You are required to carry one-million dollars of personal property damgage insurance. I don;t know what the ming vase is worth but I doubt the 1 mil would cover it. The mil should cover most of the other things you listed.

    Also since you are responsible for property damages, you would be personally liable for anything above the 1 million.
  11. #11
    moburkes is offline Senior Member
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    Quote Originally Posted by justalayman
    Where did you find this info on that page??
    This is the pertinent required coverage. It states $1 million dollars coverage for personal property. Notice it states that other vehicle coverage is not included unless properly parked.
    The mini-tort action would not apply because it is considered personal property damage because it is not a traffic accident. The mini-tort is for a moving vehicle accident.



    moburkes: Yes, I have seen the "mini-tort" coverage as you posted but since this is not a "traffic accident" there is no need for that and the "mini-tort" scenario does not apply. As posted earlier, this is a property damage accident, not a traffic accident and being such, the OP can sue for the entire amount of damages.
    I understand what you are explaining now. Thanks!!!
  12. #12
    ecmst12 is offline Senior Member
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    Quote Originally Posted by justalayman
    read the number again. You are required to carry one-million dollars of personal property damgage insurance.
    Oh jeez... it's been a really long, horrible week folks!
  13. #13
    mpmbcj is offline Junior Member
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    Thank you very much for the explanation. It clarified for me the difference between collision coverage and property damage coverage. Very helpful.

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