What Happens In A No-Fault Accident In Michigan? | Michigan Auto Law

[@dmariots]

This is clear thanks.

[@davidmacgown321]

I was rear ended in Ann Arbor and because I have an older vehicle (2005 Toyota Camry LE) I don't carry collision and comprehensive just PLPD. The estimated cost of repairs came to $7500 which is more than the value of the car. The insurance adjuster I spoke with said because their insured doesn't carry mini-tort coverage they denied me any type of compensation. Would I then need to sue the at fault driver in small claims court to collect the $3,000 mini-tort? Or is there nothing I can do?

[@MichiganAutoLaw]

When an at-fault driver does not carry mini tort coverage and when the at-fault driver refuses to pay on a mini tort claim, then the only recourse left to the owner of the damaged vehicle is to sue in Small Claims Court. To recover on a claim in Small Claims Court, the owner of the damaged vehicle will need to prove (1) the other driver was at-fault and (2) that the damages to his or her vehicle were up to $3,000 (which is the maximum recovery amount under the mini tort law). Importantly, under a Michigan law, a driver who rear-ends another driver “shall be deemed prima facie guilty of negligence.” (MCL 257.402(a)) To learn more, please check out our Mini Tort page: www.michiganautolaw.com/no-fault/mini-tort/ Additionally, here is information about suing for mini tort in Small Claims Court: www.michiganautolaw.com/no-fault/mini-tort/small-claims-court-michigan-car-accident/

[@davidmacgown321]

Thank you for the explanation. I was wondering what the protocol was in this situation because I've never had to sue anyone before. I will reach out to the At Fault driver and request a check for $3,000. If he refuses to pay, then I will sue him in small claims court.

[@MichiganAutoLaw]

@@davidmacgown321 The process you have outlined is a good one. Hopefully, once the other driver sees your repair estimate and the law about rear-end collisions and negligence, he or she will take responsibility and pay you on your mini tort claim. In the event that does not occur, then you will have to file in Small Claims court. To learn more, start by reviewing the blog post we forwarded to you. Also, check the website for the court/county where you will be filing for information about their Small Claims Court rules. Here are the statutes that govern Small Claims Proceedings in Michigan: www.legislature.mi.gov/(S(glgzjxzgdiqcoudwtaifi00z))/mileg.aspx?page=getObject&objectName=mcl-236-1961-84 And here are the Small Claims forms that were created by the State Court Administrator’s Office: www.courts.michigan.gov/SCAO-forms/small-claims/ I hope this helps. We wish you the best of luck.

[@davidmacgown321]

Thank you! You've been a great help.

[@CologneXCandles]

Question I was in a hit and run accident here in Michigan got injured went to the ER it’s a cervical sprain. The driver fled I didn’t get a chance to see his/her license plate number. I can’t work for a few months, I do have uninsured motorist on my insurance in the sum of 250,000 will I be compensated or will I have to get a lawyer to seek compensation. Accident happened last week.

[@alan1cepeda]

I thought I was being scammed by my insurance, now I know I should move out of Michigan

[@MichiganAutoLaw]

We are sorry to hear that you are having that experience. If you have questions about what your insurance company is doing or if you would like our help with your case, please feel free to call at the number above for a free consultation to discuss your legal rights and options.

[@waitinexhale]

What about when an uninsured, unoccupied parked car is damaged by another vehicle? Michigan's No-Fault Act, 500.3101, suggests a vehicle must only be insured to drive on the road. This is a crucial exception in hit-and-run situations. Any damage to a properly parked vehicle, even if uninsured, would be considered tangible property damage, making the at-fault driver liable under 500.3121 and the victim entitled to file a claim with the at-fault driver's insurance/PPI.

[@mindakahn9964]

This was a disaster. Just another insurance company pac chipping away at the foundations of Michigan. I’ve been rear ended twice in six months in parking lots parked in handicap parking. I think that this is the very definition of adding insult to injury. Anyone actually save money? NO!!! We have two cars that have been damaged twice since this went into effect, and we are talking about the days of Covid, no one is really going anywhere much. People, please at least leave a message. And be careful out there. Car showed up on CCTV, but not plates. I think if this is going to continue we need to go back to license plates on the front bumper again.

[@kimberlymajor8301]

I was injury in Cass community social services van Mr. Jeff $& Ms. Mason / Employees here at 11850 Woodrow Wilson Detroit Michigan zip code 48206. No bus ticket or single woman occupy.. The ninth hour does this organization is legitimate ot legal for Roman 12 in USA.

[@MichiganAutoLaw]

We are sorry to hear that you were injured. Please call us at at 855-MI-4-AUTO for a free consultation.