michigan car accident question

i found a killer old lincoln 430 dragster motor for sale on craigslist in detroit this month and went to go get it with my car and my dad's trailer. on i-94 traffic came to a quick stop. i stopped and the girl behind me stopped but the next guy didn't. my dad's trailer is totaled, my car is damaged, and i have broken bones. thankfully, my 4 and 6 year old girls seem to be okay so far. the boy who hit us had three 40 ounce colt 45 bottles in the front seat but who knows when he drank them.

today my insurance company told me that michigan is a "no fault" state. They said that i need to pay my own deductible (500) and that they wont cover my dad's trailer because it isn't mine so i have to pay his deductible and have him file a claim on his own insurance. I am also looking at a $700 deductible on my health insurance for the ER plus 10% of everything yet to come.

this all seems like it can't be true for me to owe $1500 or more and be in casts for 8 weeks because some kid rearended us on the highway. is my insurance wrong or do people have to sue for damage recovery or how does this work? anybody know?

sorry if this is way o/t but it did start with a dragster motor!

 

You have to sue. Did they do a breathalyzer on the kid? If he got a DUI out of the accident it will make things easier in court for you. The whole idea behind no fault is you are covering your own ass with your insurance. Good luck.

 

i am told that the boy who hit us might have died but i would think there would be toxicology tests even then. not sure how that works.

that sucks to have to sue.

 

What area of Michigan on 94? Was he insured?

You def have to take the kid to court. I believe it's up to $2000 and a hell of waste of time. Good luck and let me know if you need anything.

 

Good luck that really sucks

 

good luck. i got hit from behind last nov. suppposedly,in MI when you get hit from behind they have to pay your deductable. the kid was driving a porsche cyanne. turns out he had fake insurance. i can take him to small claims, but he if doesnt show, nothing happens to him and i gotta pay court costs.

 

In a no fault state if you can prove liability you can get damages. The problem is probably that he has the same insurance undewriter that you have.

You will have to hire a lawyer from michigan or one that is liscenced to practice in michigan and set things in motion.

Normally once you get things started and they see that you are serious they insurance companies are quick to settle, especially in your case where there are injuries and you can start going after pain and suffering.

as for the trailer, you are probably pretty much screwed on that one. if you don't have a trailer clause in your insurance or you don't specifically have trailer insurance you will not be covered.

 

I Think you should sue!

 

when you're hit in the rear its always the other guys fault, whether following too closely or drunk or too fast for conditions SOMETHING ! dont let them bullshit you its his fault.period.

 

good point

 

I too learned that the hard when I moved to Metro Detroit, from NY state. You'll have to Sue the driver at fault. Amazing isn't it?!? Then what's the point of Insurance anyway? Get the Police report and keep on it with a lawyer.

The Importanty thing is you and your kids walked away, glad to hear you ok. STill sucks about the Jerks out there.

Question though, even with it being a no fault state, did the officer at the site find the driver at fault? That will help your cause

 

Wow-no fault = no responsibility. Sounds like the insurance folks made out like banditos on that deal. Glad you weren't hurt any worse.

 

ditto on the lawyer comment, it makes it a lot easier. they do most of the legwork for you

 

hopefully you had a cop write up the accident report. you will have to sue the kids insurance co to be reimbursed for medical bills, damages, etc. your insurance co will cover you but you will have to get whats due you from the kids insurance company through a lawsuit. very timely-could be years, costly.

 

Yes, Michigan is a no fault state. You need to pay yopur deductable based on the coverage you have. I have broad form coverage which means I pay my own deductable, I could upgrade to have no deuctable when the accident is not my fault, but its pricey.
Your insurance company should be doing the work for you. Get on the phone and tell tham that.
Mark

 

Resolving an insurance claim can be likedoing homework with a pair of 8 year old twins that dont want to do homework. It works on the same premise as the child does . They will whine and complain hopeing you will get fustrated and give in to their wish not to do the assignment. The insurance companies will utilize this same logic. Check with your insurance agent for advise on how to proceed. Your best bet may be filing the claim under your policy and let your carrier got to bat for you. Unfortunately you may be paying your deductible up front but your carrier should reimburse this to you once the claim is subrogated. A little hint to get youyr money back ASAP. Drop a post card to the person assigned to your claim every 6 to 8 weeks asking the status of the claim and when you should receive your deductible reimbursement. Most states require the insurance company to respond to written correspondence within several days and the written reply requires an updated response. Written responses are sometimes different than verbal.

Best of Luck.

 

The term is called mini-tort and your insurance company is the one to file it against the at fault party in your behalf to get your deductable paid by the at fault party.

 

Had someone hit my truck from behind while I was turning off the road. Totaled my truck . Since we have no fault insurance , the wreck turned out to be as much my fault as the other driver. I even got a ticket for a unsafe move, the other driver that hit me got no ticket! I got it thrown out of court after you pay one of the ambulance chasers to get you out of it. Ruined a nice 63 VW Truck. I told the officer since its nobodys fault there was a accident, next time I will know not to even bother with you fuckers and go on my merry way next time I have a wreck. He didn't give a shit what I did. So thats what I did on the next wreck , not my fault, I just cranked up the car, went home, and waited for something to happen, because I knew the insurance company wasn't going to do anything about it. Cops finally show up to the house and wondered why I left the scene of the accident. I told them I thought my life would be endangered if I set on the side of the road for hours waiting for them to show up. It worked. Thats what I will be doing from now on, if the cars still driveable.Fuck the insurance companies. No fault insurance is there way of not paying for wrecks. I dont have the money to take anything to court, and thats what they plan on. Need health insurance?, go fuck yourself. I feel better.

 

The "Mini-tort" is intended to cover your deductible in this situation. Some one turned in front of me 20 years ago when I first moved to MI. I was able to collect the 400.00. We did have to go to her agent to collect she did get a ticket but I am not sure if that is necessary.

 

Holy crap! First sorry about your truck/trailer and yourself. Glad the kids were okay.

I need to make a list of no-fault states and keep the hell out of them!!!! One of the few times I am glad I'm in CA. Get hit from behind, almost 100% the other person's fault.

 

You can recover for your property loss as well as personal injuries. If the other driver was issued a ticket, make sure you go to court, since a conviction will help your civil case and show that you are serious about pursuing this. If the guy is DOA, you'll have to sue his estate.

 

What Denise said...and dont back down on any dam thing you are owed..
I'd go as far as to try to sue the bastard for the trailer too, if you can..it had value, and his negligence, caused you to lose the use of it, and the value of it.

pain and suffering, push the insurance company..do not let up on them..you choke..they ignore.
they dont wanna pay out unless you make em do it.
Get legal advice..now

Oh and scoob..sorry to hear about this, hope you get it worked out..glad you and the girls werent hurt, thats the most important thing

and the michigan no-fault issue is the dumbest shit we have ever had to deal with in this state...er..maybe i should have said "one " of the dumbest..

 

my real concern today is medical. somehow i managed to only have 5000 in med cov. i am sure i am going to blow that out of that water with the ER visit and hand specialists coming up. this is causing me issues at work now too as i am right handed. all minor stuff in the scheme of life but i just want to be sure i am protecting my family and finances in the best way.

 

My wife was hit by a guy running a stop sign. Absolutely no fault of hers and no deductable for that reason. This was in 04. May have changed. Yes to the mini-tort actions, but get full details as you may not owe deductable. No-Fault is not a license to extort but insurance agents and lawyers are indeed pre-disposed to wear you out and get a bigger bonus at the end of their year for $$$ saved...believe it, it's true.

I'm really glad your kids are OK and you're at least moving around.

 

The same thing happened to me here in SoCal...you definitely have to litigate and my advice would be to write down every inconvenience that you can think of and document everything...I got reiumbursed for almost everything from the neighbor kid mowing my lawn, time off to take doctor visits, rental car...also don't be surprised if you suffer some stress related issues from either not being able to function at work, irritability at home etc....thank God your little ones are okay but make sure and have them thoroughly checked out for any soft tissue damage...my wife thought she was fine and about 3 weeks after we were hit she started having headaches and upper back problems...it sucks that you have to do all this and go through all of this but it also sucks that this idiot was slammin' colt 45's on the interstate...good luck

 

I'm no lawyer or even close to a legal expert....I do believe to sue and win for Pain and Suffering there must be proof of negligence ,or even gross negligence on the part of the other party. Failing to stop in time is an accident,failing to stop cause of excessive speed is certainly negligence and with alcohol involved,gross negligence.
Everbody hates them damn lawyers until you need one...........

 

Get an attorney! Sometimes it only takes a letter that makes the insurance company realize you are serious. Ihad a 17 year old drive through my front yard, fence and shed, absolutely no fault of my own, i figured it would be a 1,2,3 deal with his carrier, as I work for an isurance company and know how this goes down. I was wrong. His carrier didnt want to give me any thing for the damage done to the fence because they claimed it appeared "old". I had a friend of mine (attorney) write a letter threatening a law suit and we got paid. Its a shame they work this way but its what I had to do. I recomend you do the same. Get all your reciepts, medical records and police report in order and get an attorney.

 

man how freakin hard did he hit the lady behind you, if he might might be dead and broke your bone through a car and a trailer. dam sorry to hear it man.

 

even when you need one..or especially when you need one..I still hate em..because its legalized extorsion, and there all in bed with each other..the payola game

 

Some of you guys are bagging on Michigan's No Fault ways when you really have no clue how it works. If you really were intersted and researched it you'd find that it really isn't all that bad. Protect thyself!