Responsibility for Damage Caused in an Accident, Without Proper Insurance

[kayla9170]

My question involves an injury that occurred in the state of: Michigan

Husband was involved in an accident that he was at fault (hit a parked car). The owner is attempting to sue my Husband for the full costs of his repairs. He had PLPD and Husband should NOT have driving the car, as it was under storage insurance.

Question 1- Michigan has a Mini-Tort Law up to $500.00. Other driver is claiming "property damage" but his car was parked on a street where the Speed Limit is 35 MPH. Would Husband be responsible for full repairs of vehicle for "alleged" property damage to a car?

Question 2- Husband requested that other party provide THREE Estimates for repair. The other party only provided one. Can the other party be forced to provide one more A.S.E. certified estimate, at least?

Thanks!

[PTPD22]

Question 1- Michigan has a Mini-Tort Law up to $500.00. Other driver is claiming "property damage" but his car was parked on a street where the Speed Limit is 35 MPH. Would Husband be responsible for full repairs of vehicle for "alleged" property damage to a car?

I'm not understanding how the mini-tort limit of $500 comes into the equation. Is the owner of the other car claiming more or less damage than $500? I also fail to see any significance to the speed limit on the street where the car was parked. Regardless of either, your husband is liable for the full cost of repairs for any damage that was caused by his colliding with the parked car.

Question 2- Husband requested that other party provide THREE Estimates for repair. The other party only provided one. Can the other party be forced to provide one more A.S.E. certified estimate, at least?

If it has already gone as far as a tort claim in court, it is likely going to be up to the judge (or arbitrator or whatever they have in Michigan) whether to accept the single quote as reasonable or require competitive quotes.

[jk]

Question 1- Michigan has a Mini-Tort Law up to $500.00. Other driver is claiming "property damage" but his car was parked on a street where the Speed Limit is 35 MPH. Would Husband be responsible for full repairs of vehicle for "alleged" property damage to a car?

the mini-tort limitation does not apply to when you hit a parked car. It is no different than hitting a mailbox.

Question 2- Husband requested that other party provide THREE Estimates for repair. The other party only provided one. Can the other party be forced to provide one more A.S.E. certified estimate, at least?

Husband can request anything he wants to request. Injured party can comply or not. Husband can pay per what was presented or refused. Injured party can sue for damages. Husband ends up with owing the money plus has a judgment on his credit history.



btw; since husband didn't have proper insurance, the protections of the mini-tort limitation wouldn't protect him anyway.