Ran off the road, in Michigan

[JimK]

Driving home from work on Friday and was going to be broadsided by a young college student. I make an aggreeive swerve and avoided the collision barely. I ended up going off the road and clipped a sign which was destroyed and also caused considerable amount of damage to the side of my car. There was no damage to the other vehicle. The good thing is that no one was injured. Also the young lady had the integrity to stop and admit she was in the wrong. When the police came she admitted the same and was given a ticket for I am not sure what though. Called the insurance and because I don't have collision that I am not covered. Michigan has no-Fault? My question is this. What should some of my next steps be? Fully document incident and try my insurance/her insurance. Try to get a mutual settlement between parties. Small Claims Court. Any kind of info would be greatly appreciated. My vehicle was a 99 Lincoln Continental that i purchased about year ago for 6,000.What is the name of your state?

 

[ecmst12]

Because of Michigan's no-fault laws, and your lack of collision coverage, the most you can recover from the other driver (or his insurance) is $500.

 

[JimK]

Thanks for quick reply

So do those Laws even prevent me from taking her to small claims court for larger amount not involving the insurance companies.

 

[ecmst12]

Yes. In Michigan you are responsible for the repair costs of your own vehicle. The most you can hold the other driver responsible for is what would have been your deductible, if you'd had collision coverage on your insurance.

 

[justalayman]

actually, the most the other driver can be held liable for is $500, regardless what your deductable is. The $500 is a statuatory limitation enumerated as such.

do you know if she had insurance? There is something available to you if she did not have insurance.

 

[moburkes]

Good job, ecmst12.

 

[justalayman]

Good job, ecmst12.

good job? he (she?) was wrong though.

not only in his(her) last statement but there is an exception to the inability to sue the other driver for your vehicle damages, which is why I asked if the other driver had insurance.

if the other driver did not have insuraance and was at fault, then they would be liable for the damages.

OP did elude to the other driver having insuracne but never confirmed or denied the fact.

 

[Betty]

That's my understanding also - that if the at fault driver did NOT have ins., they could be sued for damages.

 

[ecmst12]

The $500 that you are allowed to sue for represents your deductible, though I am aware that people can choose to have a higher or lower deductible if they want. I did not know that if the other driver was uninsured, then you are allowed to sue them, and that makes NO SENSE WHATSOEVER. Plus suing an uninsured driver is usually an exercise in frustration and futility. The reason most uninsured people are uninsured is because they're BROKE.

And I'm a she, thank you

 

[moburkes]

I searched high and low for information to back you all up, but I can't find it. Can you post a link?

 

[ForFun]

Here's what I don't understand:

The OP doesn't have collision insurance. Doesn't that become irrelevant in an accident when the other driver is at fault? I would think that the OP's insurance would pick up the tab since the other driver was at fault (after all, in non-nofault states, the other driver's insurance would pick up the tab). I assume the OP had the state minimum...

 

[moburkes]

Here's what I don't understand:

The OP doesn't have collision insurance. Doesn't that become irrelevant in an accident when the other driver is at fault? I would think that the OP's insurance would pick up the tab since the other driver was at fault (after all, in non-nofault states, the other driver's insurance would pick up the tab). I assume the OP had the state minimum...

Not in MI. In MI each person goes through their OWN insurance company for repairs to their own vehicle. This is the only true no fault state. Bodily injury is only for pain and suffering and for 3rd party coverage to people who don't live in MI.

 

[ecmst12]

Michigan is weird. Regardless of fault, your insurance is not going to pay for your car's damages unless you have collision coverage. That is true in every state. But in Michigan, your insurance is never required to pay more then $500 to someone else's property damages even if you were at fault for the accident.

 

[xylene]

But in Michigan, your insurance is never required to pay more then $500 to someone else's property damages even if you were at fault for the accident.

What industry dirtbag insider came up with that?

What possible consumer interest could be served by such a system?

PS coercion is NEVER avalid consumer interest.

 

[ForFun]

Not in MI. In MI each person goes through their OWN insurance company for repairs to their own vehicle. This is the only true no fault state. Bodily injury is only for pain and suffering and for 3rd party coverage to people who don't live in MI.

I understand that people go through their own insurance company regardless of fault. My question was when your own insurance company would pay for your damage. I would have thought that such damage would be paid for if you weren't at fault. If not, it's crazy not to have collision insurance, unless your vehicle is truly worthless.