How to make a claim against at fault drivers insurance

[Griffzan]

What is the name of your state (only U.S. law)? Michigan. I was involved in an accident where another driver pulled out in front of my vehicle. The other driver was at fault and given a "Failure to yield" ticket. I have never been in an accident before and am not aware of the steps that I need to take to file a claim against her insurance. Any help would be greatly appreciated.

 

[tranquility]

I'm not sure what you mean. You call them up and start the process.

 

[quincy]

What is the name of your state (only U.S. law)? Michigan. I was involved in an accident where another driver pulled out in front of my vehicle. The other driver was at fault and given a "Failure to yield" ticket. I have never been in an accident before and am not aware of the steps that I need to take to file a claim against her insurance. Any help would be greatly appreciated.

Did you inform your own insurance company of the accident yet?

 

[HighwayMan]

Call your own insurance company and report the accident ASAP.

 

[ecmst12]

You realize that the most you can get from the other driver's insurance is your $500 deductible right? You need to file with your own insurance to repair your own car, and if you don't have collision coverage you'll have to pay the rest out of pocket. Welcome to Michigan.

 

[latigo]

What is the name of your state (only U.S. law)? Michigan. I was involved in an accident where another driver pulled out in front of my vehicle. The other driver was at fault and given a "Failure to yield" ticket. I have never been in an accident before and am not aware of the steps that I need to take to file a claim against her insurance. Any help would be greatly appreciated.

Technically, you do not "file a claim" against the other driver's liability insurance company. Since you cannot sue the company directly how could you make a legal claim against them?.

The reason is that these liability policies are written in the form of an indemnity agreement between the company and its insured customer. Meaning that the company stands ready to pay on behalf of the customer any judgment taken against the customer that is covered by the policy and within the policy limits.

However, you are free to notify them that you are making a claim against their insured customer. And it would behoove the customer to do likewise or risk becoming uninsured.

 

[Griffzan]

You realize that the most you can get from the other driver's insurance is your $500 deductible right? You need to file with your own insurance to repair your own car, and if you don't have collision coverage you'll have to pay the rest out of pocket. Welcome to Michigan.

Wow! That's crappy. So if I have plpd or just liability (which I think is what I have) I'm pretty much S.O.L? That's unfortunate. Is there ANY recourse at all or is it pretty cut and dry? Thanks for the quick response btw.

 

[Griffzan]

Did you inform your own insurance company of the accident yet?

I did not as of yet. I was told by the officer to wait until I got a copy of the police report proving her at fault. But it seems from the responses that there's really no point, unless I'm legally obligated to do so.

 

[ecmst12]

Michigan is the only state that applies no-fault rules to property damage as well as injuries. So yep, if you don't have collision coverage you are SOL. Your insurance agent should have explained this to you though.

 

[justalayman]

You realize that the most you can get from the other driver's insurance is your $500 deductible right? You need to file with your own insurance to repair your own car, and if you don't have collision coverage you'll have to pay the rest out of pocket. Welcome to Michigan.

It's $1000 now

and you do not have to contact your own insurance company if you do not wish to.


to make a claim, you contact their insurance company and tell them you are making a claim against Joe Driver for accident on [date]

If they do not pay you the up to $1000 (it can be less if the damage is less or if you had insurance that paid so your out of pocket was less than $1000), you file suit in small claims court against the driver.

 

[Griffzan]

It's $1000 now

and you do not have to contact your own insurance company if you do not wish to.


to make a claim, you contact their insurance company and tell them you are making a claim against Joe Driver for accident on [date]

If they do not pay you the up to $1000 (it can be less if the damage is less or if you had insurance that paid so your out of pocket was less than $1000), you file suit in small claims court against the driver.

That alleviates a little of my stress. Just to recap... I'm pretty much S.O.L on having the entire damages done to my vehicle covered, at least anything over $1000. And any costs above that is mine to cover or take the other driver to small claims court. ??? Continuing on, from the little I know about small claims, there is a limit on the amount that can be recovered there as well. Does anyone know what that limit is? I'm not trying to get a payday, I just would like her to pay for the damages to my vehicle. Nothing above that.

 

[ecmst12]

The most you can get is $1000, period.

 

[justalayman]

That alleviates a little of my stress. Just to recap... I'm pretty much S.O.L on having the entire damages done to my vehicle covered, at least anything over $1000. And any costs above that is mine to cover or take the other driver to small claims court. ??? Continuing on, from the little I know about small claims, there is a limit on the amount that can be recovered there as well. Does anyone know what that limit is? I'm not trying to get a payday, I just would like her to pay for the damages to my vehicle. Nothing above that.

the MAXIMUM you can get is $1000...PERIOD



what the law says is you can seek up to $1000 damages not covered by insurance. Basically, as ecmst12 stated previously, it is intended to more or less cover your deductible. If you had collision insurance and your deductible was $500, then all you could get is $500. If your deductible is $250, then all you could get is $250. If you do not have collision insurance, if the damages are $1000 or more, all you can get is $1000.

so, you cannot sue for more than $1000. What I was saying about small claims court is if the other guys insurance company won't pay and the driver won't pay, you sue the guy in small claims court.

 

[Griffzan]

the MAXIMUM you can get is $1000...PERIOD



what the law says is you can seek up to $1000 damages not covered by insurance. Basically, as ecmst12 stated previously, it is intended to more or less cover your deductible. If you had collision insurance and your deductible was $500, then all you could get is $500. If your deductible is $250, then all you could get is $250. If you do not have collision insurance, if the damages are $1000 or more, all you can get is $1000.

so, you cannot sue for more than $1000. What I was saying about small claims court is if the other guys insurance company won't pay and the driver won't pay, you sue the guy in small claims court.

Thank you for clarifying.