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  1. #1
    Join Date
    Nov 2007
    Posts
    3

    Default Michigan No-Fault Law and Small Claims Court

    I was in an accident, the other driver ran a red light. I have a police report and two witness's stating on the police report they were driving behind other driver and saw her run the light and hit me. I was told she was even issued a ticket.

    She was not cover under the mini tort law on her insurance and she doesn't want to pay me the deductible on my vehicle which I do know by law she does owe me. What I would like to do is take her to small claims court for that and also my deductible for my medical, because I was taken to the hospital and my insurance for medical has a deductible as well. Can I do this? What are my chances on winning both deductibles?

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Michigan No-Fault Law and Small Claims Court

    You make any claim for medical costs not covered by your health insurance with your own insurance company (your "first party" carrier). You cannot recover that money from the other driver.

  3. #3
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Michigan No-Fault Law and Small Claims Court

    I do not have a health insurance. Why can't I get it from the other driver? I guess thats what I am asking. I have read just about everything I can find and no where can I see that I can not get it from the other driver. I even asked a attorney they could not give me an answer, they simply said why not try but they didn't know if I would win or not.

    So I wondered if anyone has tried, or can show me where it says that you can not sue other driver for any out of pocket expenses.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Michigan No-Fault Law and Small Claims Court

    Michigan law states,
    Quote Quoting MCL 500.3135(3) - Tort liability for noneconomic loss; action for damages pursuant to subsection (1); abolition of tort liability; exceptions; action for damages pursuant to subsection (3)(d); commencement of action; removal; costs; decision as res judicata; “serious impairment of body function” defined.
    (3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101 was in effect is abolished except as to:
    (a) Intentionally caused harm to persons or property. Even though a person knows that harm to persons or property is substantially certain to be caused by his or her act or omission, the person does not cause or suffer that harm intentionally if he or she acts or refrains from acting for the purpose of averting injury to any person, including himself or herself, or for the purpose of averting damage to tangible property.

    (b) Damages for noneconomic loss as provided and limited in subsections (1) and (2).

    (c) Damages for allowable expenses, work loss, and survivor's loss as defined in sections 3107 to 3110 in excess of the daily, monthly, and 3-year limitations contained in those sections. The party liable for damages is entitled to an exemption reducing his or her liability by the amount of taxes that would have been payable on account of income the injured person would have received if he or she had not been injured.

    (d) Damages for economic loss by a nonresident in excess of the personal protection insurance benefits provided under section 3163(4). Damages under this subdivision are not recoverable to the extent that benefits covering the same loss are available from other sources, regardless of the nature or number of benefit sources available and regardless of the nature or form of the benefits.

    (e) Damages up to $500.00 to motor vehicles, to the extent that the damages are not covered by insurance. An action for damages pursuant to this subdivision shall be conducted in compliance with subsection (4).
    As you can see, you can only recover damages in excess of your PIP (personal injury protection) coverage.

  5. #5
    Join Date
    Nov 2007
    Posts
    3

    Default Re: Michigan No-Fault Law and Small Claims Court

    So here is how this ended.....

    Filed last month small claims court suing for $1000.

    $400. deductible for basic collision - vehicle
    $300. deductible coordinated medical benefits
    $300. reduction for not having health insurance
    $ 55. Court cost
    totaling $1000.

    Judgment:

    $755.

    $ 400 min tort law
    $ 300 deductible coordinated medical benefits
    $ 55. court cost

    the $300 is my own fault for not having any health insurance out side of my auto insurance

    But yes you can sue for both deductibles if in fact you do have them on your vehicle and medical!!

    Your welcome to check on it if you do not believe me.

    Court date today Aug 13, 2008
    State of Michigan
    71- A Judicial District
    255 Clay Street
    Lapeer, Mi 48446

    Case No. 08-2225-SC

    Court Telephone
    (810) 667-0314

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