Uninsured Driver Hits Insured Driver

[fsegle77]

I was hit by another vehicle, a police report was done and provided to my insurance company whom tried to retain my $500 deductible from the driver who hit me. My insurance company called the insurance company listed on his behalf and they did not have a policy for that person. He has no insurance. How do I go about getting my deductible back. I have heard of something called a "mini tort" is that something I file at the county, is it the same as filing a small claims. Help, I'm clueless.

[Betty3]

Are you in Michigan? Here is some info re the Mi. mini tort -

Michigan Mini Tort
Limited property damage liability, known as the mini-tort exception allows for accident victims to recover up to $500 of their vehicle repair costs.

Under the no-fault laws, the State of Michigan has mandated coverage for personal injury protection, property protection such as road signs, fences and buildings, and residual liability coverage for cases where death or injury are involved. The state does not, however, require collision coverage. That is where the limited property damage liability or mini-tort provision comes into play.

There are varying degrees of collision insurance, but generally speaking it covers the cost of repairs to the driver's own vehicle. Repairs can get costly.

If you are without collision coverage on your car, or your coverage is limited, and you are less than 50 percent at fault for the accident, you can recoup some of your out-of-pocket costs to fix your car via the mini-tort.

How much you can recover depends on how much fault you bear. For example, let's say the damage to your car amounts to $100 and the other driver is deemed 75 percent at fault for the accident. Then he or she would pay $75.

These cases are normally handled in a small claims court, but either party may ask to have the case moved up to a higher jurisdiction.

At present, the mini-tort is capped at $500. However, a bill to increase the allowable damages to $1,000 was introduced in the Michigan House last summer and has been subsequently referred to the committee on insurance.

[daniel2u]

For soome reason i am not able to start new post so i am posting my story here. In December it was raining and going onto freeway the meter was on. The entrance ramp to the freeway is curved and I did not expect it to be on. To make long story short I rear ended the car stopped at the red-light. He was driving a rental. I was uninsured at the time. Clearly the accident was my fault although there is no citation. I understand that because I cannot afford insurance does not exempt me from the law. I am guilty. Actually I was sent a notice from DMV stating that the auto’s registration was suspended until auto covered. I cannot afford to pay for gas to go to work each day let along large fines. If I cannot pay the fines will I go to jail?
Same goes for restitution for damage done to rent a car. Even $100.00is beyond what I can afford. What is going to happen to me.

For soome reason i am not able to start new post so i am posting my story here. In December it was raining and going onto freeway the meter was on. The entrance ramp to the freeway is curved and I did not expect it to be on. To make long story short I rear ended the car stopped at the red-light. He was driving a rental. I was uninsured at the time. Clearly the accident was my fault although there is no citation. I understand that because I cannot afford insurance does not exempt me from the law. I am guilty. Actually I was sent a notice from DMV stating that the auto’s registration was suspended until auto covered. I cannot afford to pay for gas to go to work each day let along large fines. If I cannot pay the fines will I go to jail?
Same goes for restitution for damage done to rent a car. Even $100.00is beyond what I can afford. What is going to happen to me.