Michigan has NoFault Insurance. A road construction company was doing work on the street I live on, installing a water main down the street. All the house driveway entries on the street were tore up, but we were still supposed to be able to get into our driveways, according to the leaflet the city had sent out before the construction. Only in my driveway did the Co. leave chunks of concrete that were hidden by sand. One time when the car was driven into the driveway, the tires sank into soft sand, hit the concrete chunk and the radiator was damaged among other things. The company is claiming they are not legally liable for damage that happened to our car. They claim they are sheilded paying for such car damage by Michigan's nofault law and that my insurance co. should pay. But the car only had insurance to cover car repairs for other cars damaged in an accident (PLPD?). The two laws that the defense lawyer for the Road Company site are 500.3121 (an [auto] insurer is liable to pay benefits for accidental damage to tangible property ...arising out of the use of a motor vehicle....) and 500.3135 (tort liability [ruled out by no fault] only applies in cases of serious bodily injury & ... damages that can be collected for an accident are limited to $500.00 to the extent that the damage is not covered by a person's own insurance co.). Is the information my insurance company adjuster told me correct that this no fault law does not even apply in this instance? No fault law generally refers to two or more vehicles involved in a crash. Can the Construction Company really hide behind the MI nofault law? If so, how can such a company ever be held liable for their failure to fulfill their duty to keep a construction zone free of hazards as much as is reasonably possible? What argument or law can I use before the Judge for the case not to be dismissed? As far as I can tell, MI law does not fully protect even its own governmental agencies from all road related tort claims. Does MI 3135 rule out filing a tort claim against the Co? Please give whatever information you might be able. Thank You. (KurtKlaas@comcast.net)
By the way, I have filed a suit against them Pro Per in civil court because the amount of money involved is small and no lawyers would help.