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Michigan No-Fault and Rear-End Accident

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What is the name of your state? Michigan

I was rear ended, and pushed into a motor home. The driver who hit me fled from the scene of the accident. The license plate number was given to the police officer who responded to the scene, and when the police confronted the man at his home, he confessed to the accident. My insurance company has told me that I am only entitled to a $500 mini-tort payment, and nothing more. The damages are much more extensive than that.

Aren't rear-end accidents exempt from the no-fault rule? I have been told by someone in another state (Minnesota) that when he was rear-ended the other person's insurance had to pick up the full tab, including a rental car.

Ami I stuck? Should I just settle for the $500 payment, bite the bullet, and eat the rest of the cost, or should I fight this, and try to get this person's insurance to pay for the repairs? Thanks in advance.



It sounds like you have liability only on this vehicle - no collision coverage. If so, all you can collect from the guy who hit you or his insurance company is up to $500.
Michigan is the only state in the nation that has the "no fault" negligence law. The $500 is called a mini tort claim.
If you have collision coverage on this vehicle with a $500 deductible, your insurance company would pay for your vehicle to be repaired less the $500 deductible, which would be paid by you. Then your insurance company would ask for reimbursement of the deductible you paid from the negligent party or their insurance company. In the state of Michigan, your insurance company cannot be reimbursed for what they paid out. If your deductible is $1000, you only get $500 from the negligent party. If your deductible is $250, you only get $250. It does not pay to carry liability only in the state of Michigan.
The mini tort law only applies to accidents that occur in the state of Michigan because it is a state specific law.
He is right about the mini-tort, that is small claims court. just think, if it wasn't for no fault the motorhome could go after you. anyway if the motorhome had collision his insurance company will be collecting. you can only get a rental if you have rental insurance. If it helps the other driver is not making brownie points by leaving the scene which is going to cost him some points. if your dedctable is $250 it means all you pay is the $250 if you have collision and at fault, not at fault and the deductable is weivered. If you had collision, being rear ended, you were not at fault and would have no deductable. I took it off of my 93 van but keep it on my 92 jeep because of the cost of repair. a kid hit me(er... tapped) in the parking lot last winter and did 350 dollars damage, i was not at fault(parked) so I had no deductable. hope this helps a bit. no-fault is not perfect but it does work. and don't forget always get a accident report, because without one your insurance company will not even give you the time of day.



Thanks for the info. I had recently dropped collision coverage on this car, as it had been paid off. I understand the need for a no-fault system, but I do think that MI's law should be revised so that rear end accidents are exempt, and the driver that causes the accident should be held fully responsible. I just wanted to get a 2nd opinion, to verify what I was told by the insurance company. Actually, according to them, if the driver is not insured, I can go after him (he was caught,) for the full amount of damage, but if he does have insurance, I'll have to settle for the mini tort. Thanks again.


Senior Member


Thanks for your comment mr. negativity.
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Senior Member
For Silvan:

Why would anyone want to use your company when your company, through you as their agent, blatantly violate rules, and stoop so low that you have to "ambulance chase" JUST to make a "buck"?

"FreeAdvice Forum Terms and Conditions of Use

"You agree that you will NOT use the FreeAdvice Forum to post any advertisement, chain letter, solicitation or other commercial message."

If you find it so easy to violate "our" rules, perhaps you'll find it easy to violate and cheat the writers on these forums.

Would you buy a used car from "Silvan"?




Senior Member
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