Parking Lot Accident . . .

[JMBoriss]

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

This is the second time in the month I've been threatened to be sued. Wow.

Anyways . . .

So today at lunch my friend and I were driving in my car, I was driving. I was backing up, so was another car, our rears hit.

There's just a little scratch on her car, my car is old and already scratched.

We got out she took down my information, I asked for her's, she said, "I don't need to give you mine, you hit me." So I said, the law is I need to take your information down. She said, No it's not but She gave me her information and she said, I'll call you with a quote. She didn't want to go through insurance because it's cheaper to not. I said, I'm not paying outside of insurance. We both have insurance. Our options are to go through insurance or NOT, and then if NOT, you pay for YOUR damages OUT of pocket.

She said, well then I'll call the police, file a accident report and then I'll take you to court for the damages. I basically said, okay. She looked a little confused but said she had to leave

She said she'll call me with a quote and then we can go from there.

CAN she take me to court for her little scratch even when we BOTH have insurance?!?

 

[Zigner]

CAN she take me to court for her little scratch even when we BOTH have insurance?!?

Yes, absolutely.

 

[JMBoriss]

Okay, but can she take me to court and win? We both have insurance, that's what insurance is there for.

 

[Zigner]

Okay, but can she take me to court and win? We both have insurance, that's what insurance is there for.

If she takes you to court, your insurance is paid to defend you. Also, if she takes you to court and wins, your insurance will pay.

I think you're worrying a bit too much about this one...

 

[Mass_Shyster]

Okay, but can she take me to court and win? We both have insurance, that's what insurance is there for.

Yes. But your insurance company would likely pay the award. If you get a summons, send it to your insurance company.

File the report with your insurance company and let them deal with it.

 

[ecmst12]

This is MICHIGAN. The most OP could ever be liable is her insurance deductible (up to $500). It doesn't matter whether she has collision coverage or not, that is how their no-fault system is set up. It is the only state in the COUNTRY which applies no-fault to property damage as well as medical.

AND, since they were both backing up, they are both equally at fault, and so neither one owes the other anything.

OP, tell her to call your insurance company, who will tell her to pound sand. If you receive a court summons, report THAT to your insurance company too.