Can I get my money back for rental car from at-fault driver?

[nvaughan3]

What is the name of your state? Michigan

As laid out initially in this post: https://forum.freeadvice.com/showthread.php?t=220650

I was hit on Jan 28th, other driver was 100% negligent. I did not have rental car reimbursement coverage on my policy. I sent the other driver a letter asking for roughly 2/3 of my cost or else I'd sue him. His insurance company sent me a letter saying:

"We received the documents that you sent to our insured XXXX XXXX. Unfortunately, Michigan No-Fault Law does not support State Farm issuing payment for rental car reimbursement. In addition, your request for rental reimbursement would not be owed from XXXXX. Please feel free to contact State farm..."


Is this correct? I know that state farm won't pay, but what about him personally? Why cannot I recover my money from him in small claims court?

 

[seniorjudge]

Q: Is this correct?
A: Yes

Q: I know that state farm won't pay, but what about him personally?
A: Sue him in small claims court.

Q: What cannot I recover my money from him in small claims court?
A: Sue him for whatever you want. Ask for the farm and settle for a cow.

 

[nvaughan3]

Q: Is this correct?
A: Yes

Q: I know that state farm won't pay, but what about him personally?
A: Sue him in small claims court.

Q: What cannot I recover my money from him in small claims court?
A: Sue him for whatever you want. Ask for the farm and settle for a cow.

Your response is contradictory. Your answer to question #1 implies that State Farms statement that he is not responsible is correct. Yet then you continue to advise to sue him in small claims court. If I can't find him legally responsible then what's the point of that.

Am I just not understanding your response?


I clarified my original question, I mean "WHY cannot I", not "what".

 

[seniorjudge]

Your response is contradictory. Your answer to question #1 implies that State Farms statement that he is not responsible is correct. Yet then you continue to advise to sue him in small claims court. If I can't find him legally responsible then what's the point of that.

Am I just not understanding your response?


I clarified my original question, I mean "WHY cannot I", not "what".

Your question #1 was:


"We received the documents that you sent to our insured XXXX XXXX. Unfortunately, Michigan No-Fault Law does not support State Farm issuing payment for rental car reimbursement. In addition, your request for rental reimbursement would not be owed from XXXXX. Please feel free to contact State farm..." Is this correct?

It does not deal with his personal responsibility. Thus, my answer was correct.

As far as whether he will be personally liable or not, I do not know. As I said, sue him and find out. He caused you a loss and he should pay. But whether you will win or not is something I do not know.

 

[nvaughan3]

I appreciate your response and anyone else's. I'm not trying to be difficult, just accurate.

As I said in the first post following my question, I know that State Farm won't pay. They are not obligated, either from my end or his end, since I didn't have the extra coverage and Michigan is no-fault. Thus, their statement that they won't pay is correct. What I want to know is, in regards to the second part of their letter:

"In addition, your request for rental reimbursement would not be owed from XXXXX"

On what basis can they say this? Why would my reimbursement not be owed from him? Obviously I will be calling them to get some further information but I want to have some fact and law behind my questioning. Is there any legal reason why he would not be obligated to pay me if I sued him in small claims court?

thanks again.

 

[seniorjudge]

Q: "In addition, your request for rental reimbursement would not be owed from XXXXX"

A: Again, sue the guy. Don't worry what the insurance company says.

 

[nvaughan3]

Oh. OK, I'll do that.

 

[nvaughan3]

Well, after looking into it, michigan allows the defendent to petition the court to move the case to the general civil division of the district court, where he could be represented by a lawyer from the insurance company. I'm a bit worried that after telling his insurance company he was served, they would advise him to do this and then I'd be stuck with their lawyer bills if I lose the case. Or be legally outmanuevered in court.

 

[seniorjudge]

Well, after looking into it, michigan allows the defendent to petition the court to move the case to the general civil division of the district court, where he could be represented by a lawyer from the insurance company. I'm a bit worried that after telling his insurance company he was served, they would advise him to do this and then I'd be stuck with their lawyer bills if I lose the case. Or be legally outmanuevered in court.

Then you have to decide if you want to take the hit or go into court and chance it.

 

[nvaughan3]

Anyone have an idea of what I might be expected to pay an attorney for him/her to review my case and advise me of my legal standings (or what I might expect to happen)?

 

[seniorjudge]

Anyone have an idea of what I might be expected to pay an attorney for him/her to review my case and advise me of my legal standings (or what I might expect to happen)?

How much do you want to sue for?

Why don't you go to small claims?

 

[nvaughan3]

With all due respect, please re-read my postings. I am afraid of suing in small claims, having him goto his insurance, having his insurance advise him to take it to regular civil court, have his insurance issue a lawyer, and then at the end be out court costs PLUS attorney's fees on their side if I lose.

It's easy to say sue everyone and let the judge sort it out, but there appear to be consequences if things don't go my way and I'm trying to find some real legal advice on my specific situation. Since I can't appear to get a definitive answer here, I'd like to talk to an attorney before proceding.

I'm sueing for roughly $400.

 

[seniorjudge]

With all due respect, please re-read my postings. I am afraid of suing in small claims, having him goto his insurance, having his insurance advise him to take it to regular civil court, have his insurance issue a lawyer, and then at the end be out court costs PLUS attorney's fees on their side if I lose.

It's easy to say sue everyone and let the judge sort it out, but there appear to be consequences if things don't go my way and I'm trying to find some real legal advice on my specific situation. Since I can't appear to get a definitive answer here, I'd like to talk to an attorney before proceding.

I'm sueing for roughly $400.

Post back with results. I seriously doubt that the insurance company will get involved for $400.