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  1. #21
    Join Date
    Dec 2006
    Posts
    12

    Default Re: Small Claims in Michigan

    It should be a pretty simple transaction. This is why I seem confused. The insurance company, I believe is playing games to avoid paying out on the mini tort. I know very little about the other party. I get conflicting information from the person who hit my wife to their insurance company. If I take the other party to small claims then all of this will come diectly out of their pocket. I feel that this is what their insurance company wants to avoid paying the $500.

  2. #22
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Small Claims in Michigan

    There is no reason on this earth why an insurance company would not simply pay the $500 if the insured paid for that coverage, when the other option for them is to be reprimanded by the department of insurance, and pay a hefty fine. Insurance companies have too much money to play this game with you over $500.

    The only question is if the insured purchased that particular coverage. If they didn't, sue the at fault party. Period.

  3. #23
    Join Date
    Dec 2006
    Posts
    12

    Default Re: Small Claims in Michigan

    If they purchased the coverage and the insurance company will not pay then what can I do to the insurance company and at fault party?

  4. #24
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Small Claims in Michigan

    Quote Quoting lmadur01
    View Post
    If they purchased the coverage and the insurance company will not pay then what can I do to the insurance company and at fault party?
    Then you report the insurance company to the department of insurance. BUT, do NOT call the department of insurance until you know for a fact that this is what the insurance company is doing. They get fined even when they do nothing wrong, based on the amount of complaints received about them.

    Find out of the coverage is on the insured's policy, then decide what to do.

  5. #25
    Join Date
    Dec 2006
    Posts
    12

    Default Re: Small Claims in Michigan

    Thank you so much for the advice. You have been a tremendous help. I am confident in my direction with this issue.

  6. #26
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Small Claims in Michigan

    Quote Quoting moburkes
    View Post
    There is no reason on this earth why an insurance company would not simply pay the $500 if the insured paid for that coverage, when the other option for them is to be reprimanded by the department of insurance, and pay a hefty fine. Insurance companies have too much money to play this game with you over $500.

    The only question is if the insured purchased that particular coverage. If they didn't, sue the at fault party. Period.
    I think the OP has their answers but I seem to be confused.

    consider this for my mind:

    car 1- OP
    car 2- other (at fault) driver

    If the at fault driver has a $500 deductable, does that apply to car 2 liabilities as well as their own persoanl damage?

    If so, even if car 2 had mini-tort coverage, the insurance company would still not be responsible for any pay out to car 1 BUT is car 2 insurance liable to pay car 1 driver and recoup from their client (the $500 mini tort claim) if mini otrt coverage was purchased?

    if not, I understand your point of paying the $500 bucks rather than dealing with the insurance commission. peanuts. it would seem by the car 2 insurance companies actions that there is truly no liability against them for their client

    If car 2 did not have mini tort coverage, car 2 insurance would have no liabilities at all to car 1. $500 still must come from car 2 driver

    ultimately all the car 2 insurance company would be liable to car 1 driver for at the most is $500 regardless of the amount of damage to the cars.
    ====
    I suspect car 2 driver is claiming not at fault (or at least less than 50% at fault) possibly due to the type of collision insurance they purchased.

    =============

    Imadur, sue the other driver. If you prevail in court and his insurance company is liable, they will pay as their contract with their insured requires them to. If they don't, the other driver is still responsible to you and he will have to chase his own insurance company for the $500 after he pays you.

  7. #27
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Small Claims in Michigan

    Quote Quoting jk
    View Post
    I think the OP has their answers but I seem to be confused.

    consider this for my mind:

    car 1- OP
    car 2- other (at fault) driver

    If the at fault driver has a $500 deductable, does that apply to car 2 liabilities as well as their own persoanl damage? There is no deductible for liability. There is ONLY a deductible for repairing your own vehicle. In MI, each party repairs their own vehicle, but the not at fault party can sue the at fault party for up to $500, which the insurance company will pay if that party purchased mini tort coverage.

    If so, even if car 2 had mini-tort coverage, the insurance company would still not be responsible for any pay out to car 1 BUT is car 2 insurance liable to pay car 1 driver and recoup from their client (the $500 mini tort claim) if mini otrt coverage was purchased? I think I answered this for you above. If driver 2 purchased mini tort coverage, then their insurance company will pay the $500. If they didn't purchase that coverage, then THEY will pay that $500 out of their own pocket. Therefore the statement that you made is incorrect.

    if not, I understand your point of paying the $500 bucks rather than dealing with the insurance commission. peanuts. it would seem by the car 2 insurance companies actions that there is truly no liability against them for their client

    If car 2 did not have mini tort coverage, car 2 insurance would have no liabilities at all to car 1. $500 still must come from car 2 driver Correct, for the damage to the vehicle only. For bodily injury, there may be a separate claim.

    ultimately all the car 2 insurance company would be liable to car 1 driver for at the most is $500 regardless of the amount of damage to the cars. Correct. But, again, there might be a BI claim.
    ====
    I suspect car 2 driver is claiming not at fault (or at least less than 50% at fault) possibly due to the type of collision insurance they purchased. Maybe, but based solely on the description of the accident, the party who was backing out of their driveway was clearly at fault.

    =============

    Imadur, sue the other driver. If you prevail in court and his insurance company is liable, they will pay as their contract with their insured requires them to. If they don't, the other driver is still responsible to you and he will have to chase his own insurance company for the $500 after he pays you.
    I hope that I answered all of your questions.

  8. #28
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Small Claims in Michigan

    In Michigan, the most you can recover from a properly insured at-fault driver are your uninsured losses for damage to your vehicle, to a maximum of $500.

    Here, I would estimate that the at-fault driver does not have collision coverage, such that she cannot recover from her insurance company for damage to her own vehicle. It sounds like the insurance company knows she is at fault, but she claims otherwise. And it sounds like they are not willing to pay out on her policy to cover her mini-tort liability unless and until she pays her deductible.

  9. #29
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Small Claims in Michigan

    Quote Quoting aaron
    View Post
    In Michigan, the most you can recover from a properly insured at-fault driver are your uninsured losses for damage to your vehicle, to a maximum of $500.

    Here, I would estimate that the at-fault driver does not have collision coverage, such that she cannot recover from her insurance company for damage to her own vehicle. It sounds like the insurance company knows she is at fault, but she claims otherwise. And it sounds like they are not willing to pay out on her policy to cover her mini-tort liability unless and until she pays her deductible.
    I'm confused about why you keep bringing the deductible into play aaron. If she doesn't have collision, then there is no recover for damage to her own vehicle. If she DOES have collision, the insurance company is NOT allowed to not pay for the damages to their client while waiting for a deductible to be paid. They issue a check for the damages minus the deductible.

  10. #30
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Small Claims in Michigan

    Why is it confusing? Are you familiar with Michigan's mini-tort law?

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