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  1. #11
    Join Date
    Jan 2006

    Default Re: Total Loss and Suing For Damages Above Insurance

    Quote Quoting aaron
    View Post
    The legislature passed a law stating, "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" intentional damage, certain personal injury claims, and mini-tort. Intentional damage would fall under an explicit exception.
    thanks Aaron. I had never realized it applied to garages as such. I have to say; that part sucks. I think they should strike the "maintainance" section.

  2. #12
    Join Date
    Nov 2007

    Default Re: Total loss - can I sue for losses above insurance?

    Quote Quoting jk
    View Post
    On top of that, to recieve your settlement, it is quite typical to sign a release that would prevent any additional claims.
    I haven't settled yet (the release is fairly comprehensive). Could I sue under mini-tort before I settle? Would that in any way invalidate the open insurance claim?

  3. #13
    Join Date
    Mar 2005

    Default Re: Total loss - can I sue for losses above insurance?

    Typically, where fault is clear and the at-fault driver's policy provides coverage for it, an insurance company will simply pay the mini tort amount. Sometimes your own insurance company will collect that amount for you and apply it to your deductible. There's no point in suing if they're going to write you a check.

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