Michigan Car Accident and Mini-Tort Law

[mikejohnson]

I was recently rear-ended by a limosine while stopped in traffic on I-94. My 1996 car is long paid-off with only PLPD coverage. The limo driver was at-fault. This driver who hit me may or may not have his cheauffers license as this was unclear at the scene. This limo company owns multiple cars. The police never showed up, but I have another week to file the accident report per the police department where it happened. I have witnesses who saw the accident, as well as the other car driver who also suffered minor damage. In addition to $5000 damage to my car (totalled, though it was worth more than this to me!), I have some physical injuries which resulted from my being slammed from behind and pushed into other traffic. Other than the $500 I am entitled to under mini-tort, I have been told that my personal health insurance is responsible for my coverage. This does not seem reasonable. Am I allowed to sue in small claims court or elsewehre for my physical injuries? What about the $4500 car damage not covered by mini-tort? Other than a small fracture, x-rays were inconclusive. I have a spinal strain plus seemingly soft-tissue damage and continued aches and pains. In addition to potential long-range health problems, I have already spent a few hundred dollars out of pocket on deductibles, medicine, etc. Plus my previously perfectly good car is totalled. This just does NOT seem right! Any advice is appreciated. Thank you in advance.

[Mr. Knowitall]

Michigan law requires you to get your medical care through your own auto insurance. If you have a coordinated policy, which most Michigan drivers do, you first make the claim through your health insurance and secondarily through your first party auto coverage. Claim your deductibles and copays through your first party auto, as well as any care your doctor deems necessary but isn't covered by your health insurance.

You're also responsible for insuring your own vehicle for damage, so if the other vehicle was properly insured you're limited to your uninsured losses up to $500 under the mini-tort law.

It isn't really possible to guess if you have a potentially viable personal injury claim without more information, so you should consider having your case reviewed by a Michigan auto accident injury lawyer.

[mikejohnson]

A lawyer representing the Limo company has asked me to sign a mutual release to obtain the $500 I am entitled to under Michigan Mini-tort. This release covers only the car expense of the accident, and excludes any potential personal injury claims -- leaving open this option to me in case my bodily injuries are permenant. I presume this is OK.

The release does not assign responsibilty for the accident to the limo company, even though the limo driver received 2 tickets. This concerns me! Would I be better off to refuse to sign this, defer the $500 for now if he does not accept this, and take the mini-tort claim to small claims court since the limo driver should be determined as 100% at fault. Would this victory in small claims court make it easier for me to win later (if needed, hopefully this will be a non-issue!) if I am required to sue for bodily injury damages? My neck is still messed up.

Thank you in advance for your help.

Mike

[seniorjudge]

A lawyer representing the Limo company has asked me to sign a mutual release to obtain the $500 I am entitled to under Michigan Mini-tort. This release covers only the car expense of the accident, and excludes any potential personal injury claims -- leaving open this option to me in case my bodily injuries are permenant. I presume this is OK.

The release does not assign responsibilty for the accident to the limo company, even though the limo driver received 2 tickets. This concerns me! Would I be better off to refuse to sign this, defer the $500 for now if he does not accept this, and take the mini-tort claim to small claims court since the limo driver should be determined as 100% at fault. Would this victory in small claims court make it easier for me to win later (if needed, hopefully this will be a non-issue!) if I am required to sue for bodily injury damages? My neck is still messed up.

Thank you in advance for your help.

Mike
mikejohnson64@hotmail.com

A bird in the hand is worth two in the bush.

It's up to you to decide whether to take the dough.

But let me ask you: Do you have serious and permanent physical injuries?

[moburkes]

A lawyer representing the Limo company has asked me to sign a mutual release to obtain the $500 I am entitled to under Michigan Mini-tort. This release covers only the car expense of the accident, and excludes any potential personal injury claims -- leaving open this option to me in case my bodily injuries are permenant. I presume this is OK.

The release does not assign responsibilty for the accident to the limo company, even though the limo driver received 2 tickets. This concerns me! Would I be better off to refuse to sign this, defer the $500 for now if he does not accept this, and take the mini-tort claim to small claims court since the limo driver should be determined as 100% at fault. Would this victory in small claims court make it easier for me to win later (if needed, hopefully this will be a non-issue!) if I am required to sue for bodily injury damages? My neck is still messed up.

Thank you in advance for your help.

Mike

I don't understand why you're anticipating taking the mini-tort portion to small claims court. The mini-tort option is your only option for physical damage coverage in MI. You are responsible for repairing your own vehicle. That is the law. The driver is 100% at fault. Going to court will not change that.

[aaron]

He was considering it to avoid having to sign a release in order to obtain the $500 settlement of his claim.

[moburkes]

He was considering it to avoid having to sign a release in order to obtain the $500 settlement of his claim.

Aaron, please delete the new thread I accidentally started (thanks!).

I'm still confused. If he signs the release, he will get $500. If he doesn't sign the release, and goes to court, and wins, he will get $500.

[mikejohnson]

I am (sadly) well aware that I am only entitled to $500 under Michigan law for my car. My concern is that I see no reason to waive any rights in-order to get the $500 to which I am entitled under mini-tort. Since the limo driver was ticketed, I presume I will win the same $500 should this go to small claims court. I think the limo company wants me to settle this without going through their insurance company to keep their rates down. (I was told that the limo company's insurance agent is his life-long friend...it was implied that the insurance company will never be told of the accident, and this annoys me a bit. It also is scary as this driver seemed incompetent and I would not want them behind me in traffic.) Since it is still too early to determine if I will have long-term physical damage, I see little reason to rush anything and sign away rights. Plus, IF I do have long-term health issues, might I be better off for the driver to be found at fault in small claims court then to sign release which does not accept liability to get the same $500?? Thank you for your help!!!

[moburkes]

The driver being the at-fault party has no bearing on the mini-tort, except for the fact that you would not be able to use the mini-tort portion UNLESS the driver was at least 50% at fault. Generally, that is the only thing you are able to recover in regards to physical damage.

Suing in small claims court isn't protecting any rights that you think you might lose, otherwise.

In MI, you give up your right to sue in auto accidents unless the injuries are VERY serious, or someone has died. Your own policy pays for your medical bills and some lost wages. If you have health insurance, then it will pay first, in most cases.

You are responsible for the repairs to your own vehicle, regardless of fault.