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"rear-ended" in michigan?

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JW Herman

Junior Member
What is the name of your state? Michigan

On a random monday morning, my brother and I were on our way to work. We had a stop to make before work so we exited the expressway and turned east. We had to make a left hand turn about 300 yards later. There was oncoming traffic so we stopped and waited for it to clear. As we waited we were rear ended at around 60mph by a woman in a car. We never saw it coming. It seems, as stated on the police report, that she was 1) late for work. 2) on her cell phone. 3) not paying attention.

My brother and I both had our heads shatter the back window of my truck resulting in concussions and some pretty nasty neck pain for the both of us. We both missed a week of work and still get some headaches. I also have some pain at the base of my skull which I thought would go away but as of yet has not. I will be getting checked out again on monday. My insurance company said they would compensate for loss of wages and medical bills if I pay my $300 deductalble.

My truck was totaled. My insurance company estimated the value of my truck at $7,900. I owe $8,300 on it still. It has been estimated by kelley blue book and NADA at at least $10,000. My insurance company will not negotiate this settlement. My only option is to hire an appraiser out of my own pocket to investigate and negotiate with their hired appraiser.

I feel a bit railroaded on this whole deal. I did nothing wrong. Ive been without a vehicle for 2 weeks. As it looks, I will have to end up paying for the appraiser, medical deductable, and a down payment on a new vehicle. Thats going to total at least $2000. My girlfriend and I have a 9 month old baby. We work very hard and do not have extra money just laying around. Especially, money that we have to spend due to the neglegence of someone we don't even know.

I've never been in a car accident before. I have no idea what my rights are. I feel like there must be something I can do. I'm not looking to get rich or anything. I just want the situation to be like it never happened. I thought that's why we carried insurance. I've been told so many different things about michigan no fault that I don't know what to do. Sorry for the extremely long post. Please help and thanks in advance.
 


S

shell007

Guest
JW Herman said:
What is the name of your state? Michigan

On a random monday morning, my brother and I were on our way to work. We had a stop to make before work so we exited the expressway and turned east. We had to make a left hand turn about 300 yards later. There was oncoming traffic so we stopped and waited for it to clear. As we waited we were rear ended at around 60mph by a woman in a car. We never saw it coming. It seems, as stated on the police report, that she was 1) late for work. 2) on her cell phone. 3) not paying attention.

My brother and I both had our heads shatter the back window of my truck resulting in concussions and some pretty nasty neck pain for the both of us. We both missed a week of work and still get some headaches. I also have some pain at the base of my skull which I thought would go away but as of yet has not. I will be getting checked out again on monday. My insurance company said they would compensate for loss of wages and medical bills if I pay my $300 deductalble.

My truck was totaled. My insurance company estimated the value of my truck at $7,900. I owe $8,300 on it still. It has been estimated by kelley blue book and NADA at at least $10,000. My insurance company will not negotiate this settlement. My only option is to hire an appraiser out of my own pocket to investigate and negotiate with their hired appraiser.

I feel a bit railroaded on this whole deal. I did nothing wrong. Ive been without a vehicle for 2 weeks. As it looks, I will have to end up paying for the appraiser, medical deductable, and a down payment on a new vehicle. Thats going to total at least $2000. My girlfriend and I have a 9 month old baby. We work very hard and do not have extra money just laying around. Especially, money that we have to spend due to the neglegence of someone we don't even know.

I've never been in a car accident before. I have no idea what my rights are. I feel like there must be something I can do. I'm not looking to get rich or anything. I just want the situation to be like it never happened. I thought that's why we carried insurance. I've been told so many different things about michigan no fault that I don't know what to do. Sorry for the extremely long post. Please help and thanks in advance.
OP...try [URL="http://michigancarcrash.com/FAQs.html"]this[/URL]

Google IS your friend!!!
 

moburkes

Senior Member
There should be some type of arbitration clause in your insurance policy. As the adjuster to breakdown why he feels your vehicle is worth less than the KBB. How much you owe on it is your problem, not the insurance company's. You are required to pay your deductible.
 

You Are Guilty

Senior Member
Read the Google link.

File claim with other driver's insurance IMMEDIATELY.

Read your own insurance papers. See if you have "gap" coverage anywhere.
 

moburkes

Senior Member
You Are Guilty said:
Read the Google link.

File claim with other driver's insurance IMMEDIATELY.

Read your own insurance papers. See if you have "gap" coverage anywhere.
Why? HIS coverage will pay for both the medical and the collision.
 

JW Herman

Junior Member
Thanks for the great info guys. Can I file a claim with the other person's insurance in Mi ?
We have no-fault insurance here. Its pretty confusing to me. The link helped me understand a little better but it still seems like her insurance is only responsible for her...Unless I was hurt very badly and there was pain and suffering owed. My (PIP's) do not include pain and suffering. It reads as though that only happens with "qualifying injuries".
 
Last edited:

justalayman

Senior Member
JW Herman said:
Thanks for the great info guys. Can I file a claim with the other person's insurance in Mi ?
We have no-fault insurance here. Its pretty confusing to me. The link helped me understand a little better but it still seems like her insurance is only responsible for her...Unless I was hurt very badly and there was pain and suffering owed. My (PIP's) do not include pain and suffering. It reads as though that only happens with "qualifying injuries".
You can file for the "mini-tort" amount of $500 with the others insurance comapany. That will help you some. Other than that, you seem to be understanding of the screwing,,I mean workings of Michigan's no-fault insurance laws.
 

You Are Guilty

Senior Member
moburkes said:
Why? HIS coverage will pay for both the medical and the collision.
Mainly because a sore neck probably won't survive a threshhold motion and you don't want the claim to be denied for lack of notice. (And, if that is how things play out, then there's no reason for the poster to have to use his own coverage (i.e. and potentially raise his rates)).

And no word on gap coverage, huh?
 

moburkes

Senior Member
In MI you are REQUIRED to use your own coverage, and the other driver is required to use their own coverage, THAT's why I didn't understand your post.
 

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