Mini torte recovery in Michigan

[Tfor2mi]

What is the name of your state (only U.S. law)? Michigan.


I was in an accident and was hit by a driver who ran a red light. She had no proof of insurance, (but has it) and was issued a citation. The police report says obmh0079 RED LIGHT. The description on my vehicle indicated from stop started up on green light southbound, Vehicle 1 (her) ran light and hit vehicle 2.

I filed a mini torte claim with her insurance and they denied payment because their client wouldn't ok it. She is fighting the ticket in court. The officer wrote a ticket for a yellow light and not a red light.

I filed a small claims case and was wondering with what the police report says as stated above, what chance does she have of not having to ok my payment of the mini torte.

 

[thedoctorisin]

You should go to that intersection with a stopwatch and do some timings, so that you have some facts to help rule out what couldn't possibly have happened. For example:

• The length of the yellow light for the car that hit you.
• The delay between when that light goes red and your light goes green.
• The average time it takes a car starting up on a new green from your initial position to get to where the crash took place.
• The average time it takes a car moving though the intersection from the other cars direction to get from the line to where the crash took place.

This might help rule out her story in small claims court.

 

[Tfor2mi]

Michigan mini torte

Thank you. I don't really understand what she thinks is going to happen. The officer believes she ran the red light, it's on the police report and I didn't get any tickets. I will do the timings as you suggested.

 

[HomeGuru]

Thank you. I don't really understand what she thinks is going to happen. The officer believes she ran the red light, it's on the police report and I didn't get any tickets. I will do the timings as you suggested.

**A: what type of filing is in these Michigan mini tortes?

 

[Tfor2mi]

Mini torte

In michigan you can file a mini torte claim with the other persons insurance if you are deemed not at fault. There is a percentage allocation also. If you are found 30 percent, let's say, at fault.. then the award would be commiserate.

I filed with her insurance, provided the police report, my insurance docs, and estimate. Normally the insurance pays pretty fast the amount of your deductible.

She ran a red light, but the officer wrote a ticket for a yellow light and she is fighting it in court saying that she had a yellow ticket which means I ran the red light and caused the accident.

The police report shows red light and that I started from green light, because she will not ok her insurance to pay the mini torte claim, I had to file a small claims case in local court.

 

[HomeGuru]

In michigan you can file a mini torte claim with the other persons insurance if you are deemed not at fault. There is a percentage allocation also. If you are found 30 percent, let's say, at fault.. then the award would be commiserate.

I filed with her insurance, provided the police report, my insurance docs, and estimate. Normally the insurance pays pretty fast the amount of your deductible.

She ran a red light, but the officer wrote a ticket for a yellow light and she is fighting it in court saying that she had a yellow ticket which means I ran the red light and caused the accident.

The police report shows red light and that I started from green light, because she will not ok her insurance to pay the mini torte claim, I had to file a small claims case in local court.

**A: did you even read my post? Do you know what a mini torte is?

 

[Tfor2mi]

Michigan mini tort

Limited property damage liability, known as the mini-tort exception allows for accident victims to recover up to $500 of their vehicle repair costs.

Under the no-fault laws, the State of Michigan has mandated coverage for personal injury protection, property protection such as road signs, fences and buildings, and residual liability coverage for cases where death or injury are involved. The state does not, however, require collision coverage. That is where the limited property damage liability or mini-tort provision comes into play.

There are varying degrees of collision insurance, but generally speaking it covers the cost of repairs to the driver's own vehicle. Repairs can get costly.

If you are without collision coverage on your car, or your coverage is limited, and you are less than 50 percent at fault for the accident, you can recoup some of your out-of-pocket costs to fix your car via the mini-tort.

How much you can recover depends on how much fault you bear. For example, let's say the damage to your car amounts to $100 and the other driver is deemed 75 percent at fault for the accident. Then he or she would pay $75.

These cases are normally handled in a small claims court, but either party may ask to have the case moved up to a higher jurisdiction.

At present, the mini-tort is capped at $500. However, a bill to increase the allowable damages to $1,000 was introduced in the Michigan House last summer and has been subsequently referred to the committee on insurance.

I filed a small claims case because her insurance won't pay the min tort claim.

 

[HomeGuru]

that's better.

 

[FlyingRon]

**A: what type of filing is in these Michigan mini tortes?

Filing? Iron filings, nail filings?

I like fillings in my tortes to be pedantic.