michigan car accident question

That's just a sign of the times.... ignorance, stupidity and rudeness behind the wheel are not limited to the type of insurance you have.

CC

 

Thats what they want you to believe Mark..I dont remember wanting it..
and your right..I think it does have something to do with how careless people drive in this state

 

Of course they did... AAA wrote the Fk'N law.

The bastards also buy new radar &/or laser guns for the State boys every few years.

 

damn good lawyer FAST!!!!!!

 

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Sure, they're just following the regulations voted into law by your state - ( most Nazis claimed they were "just following orders" too!) - but who do you think spent millions and millions of dollars of your premiums - all of it tax deductable for them too, by the way - to lobby, blackmail, threaten and bribe your state legislaters to pass these pro-Insurance company laws that make you pay out of your own pocket, even when the other party is soley responsible for an accident? Further, who do you think paid money up front through massive tax deductable 'politcal contributions' get these clowns elected in the first place too?? And with "no fault" - when your own insurance company does pay you for the damages (minus your deductable of course) that someone else inflicted on you through no fault of your own, they will recover all that money and then some by increasing*your* rates for the next several years! This isn't just wrong, it's legalized theft, banditry and political corruption on a grand and massive scale.

mart

"'Fascism' could better be described as 'corporatism', for
it is merely the merging of state power with corporate
power" - Benito Mussolini
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You might try calling this guy http://www.callsam.com/ he is one of the biggest ambulance chasers in Michigan.

 

If you suffered a serious impairment of a body function, you have the right to sue the party at fault for your injuries. If he was insured, his insurer will defend, and probably pay, the claim if the injury had a significant and lasting effect. You can sue for $400 for property damages to your vehicle. His insurer might well pay that without an argument. If he died in the accident, his insurer will still be obligated to pay any judgement against him. If he was uninsured, you can sue him for all your property damage loss, but without insurance that probably doesn't do much good.

 

And we have a winner!

so true..without a doubt

 

As mentioned, I like how no one who understands the concept comments on another states laws.

First, the No-Fault law was passed in 1973. It was set up to eliminate lawsuits that were tying up the courts. The only thing that can be sued for is pain and suffering (and it's a fine line) and disfiguration. The medical under the state has a minimum required limit of $20,000. If the accident is in Michigan, your Indiana policy should automatically increase to the minimal limits, or $20K.

Second, there is an order of who pays what. After your limit expires, the policy of the at-fault driver would be next. If the driver who caused the accident had insurance (and it should be on the police report), his policy comes into effect after yours.

Mini-Tort works the same way for your deductible up to $600. You supply the adjuster with the police report, your declaration form showing you have a $500 deductible and the repair estimate showing the damages exceeded $600.

As for the trailer, that part I'm not sure about. Remember, there were TWO other cars involved. I would think there would be coverage similar to the Mini-Tort on the car.

The only time I here people in MI bitch is when the POS they were driving gets totaled. These are the same people who didn't think enough of their car to put collision coverage on it. Was the car worth more than $600? Maybe. There are three levels of collision coverages (limited, only pays if you are not at fault, standard which pays regardless with a deductible always and broad which will waive the deductible if you are not at fault). There is a manditory $1M in property protection coverage and unlimited major medical.

No-Fault is not the same between states. Florida has No-Fault insurance but only on medical. The liability limit (low side) is only $10K. I'd feel naked driving with that type of coverage.

By the way, does anyone really look at their policy? The answer is no. How can you complain about the insurance company when you don't take the time to understand what you bought? This is the real problem, not 'thieving' insurance companies. Read your policy. Understand your policy. If you can't figure it out, call your agent or the companies claims department.

 

Yes : It was voted in by the people of Michigan-( i voted NO).

 

thanks all. i wasn't trying to start a debate about no fault states here. i just was having a hard time believing that someone could rearend me while speeding and possibly drunk and have it cost me money. my adjuster is out of town and no one else at AAA insurance seems to be able to answer my questions so far. checking into an attorney tomorrow. it's free to ask questions. still waiting on the accident report from the state too. i'll post updates if you are interested.

 

Let's say you give an attorney a $1500 retainer to file a lawsuit for $1500. If you win, you give the money you won to the attorney. Doesn't make too much sense. Especially if these items are not sueable under the No-Fault law.

If AAA is the other driver's insurance company, and you can't get anyone to talk to you, ask for a supervisor. The Mini-Tort is a slam dunk, no issue item. The issue is if the guy has passed, then you'll need the police report, and if this happened in Detroit, it could take 6-8 weeks before the report is available. The city of Detroit sucks at just about anything and the police records department is no different.

 

talked to an agent in michigan today. Sounds like it can be good or bad...like most things in the world.
here is is reply...

In Michigan, insurance is mandatory.. Each policyholder assumes the damages under their own policy. For example, if you and I got in to a fender bender (let's say, you rear ended my car) I would still secure info regarding your insurance coverage, your name, phone #, etc., most times the police will not come to the scene of an accident unless there is serious injury or damage, ie., roll-over, so police reports are the responsibility of each party to go to the policy department where the accident occurred to make the police report, and I would report the damage to my insurance company and repairs would be done by my insurance company subject to my deductible, if applicable. Your damages in this example would go to your insurance company.

Now, if you rear ended me, for example, and caused my damage, I can collect up to $500 of my deductible back from your insurance company under a no-fault coverage called MINI-TORT. $500 is the maximum I could collect. If I choose not to have collision coverage on my policy (let's say I couldn't afford it) too bad, so sad.....the most I can collect from you is the $500 and I'm stuck for repairing the car myself out of my pocket.

If I sustained Bodily Injury, I would go back to my insurance company, and my insurance company would pay all medical, rehab, etc., bills. Under MI no-fault there is a cap on Loss of Wages of 3 years. If my injuries were serious I could go after the driver that caused my accident and collect additional wage loss. If I was injured by an "un-insured" driver, then I come back to my policy under our coverage called "Un-Insured Motorists coverage". I believe to be able to sue the driver that caused my injuries, for example, there has to be; 1) disfigurement, or 2) permanent impairment of a bodily function (there are rules under our no-fault law that addresses my ability to go after a causing driver, that's were lawyers come in.

Michigan is one of a very few states that has unlimited medical benefits under the auto policy. So, for the very serious injuries, or life-long care injuries, there is no cap. We have the MCCA (Michigan Catatrosphic Claims Association) that assumes the claim beginning at $350,000 (I think this is the most recent cap to insurance companys).

Our agency had an auto cat where a woman was driving with two of her young children in the vehicle. She had a medical seizure and rolled her car. She had minor injuries, one child had a broken arm and minor injuries, but the other child suffered serious injuries and is in a wheelchair. The MCCA actually rebuilt their home to accommodate whilechair access, and will provide medical benefits, nursing care, for life with no limit....unlimited medical. I think this is a very good benefit of our no-fault law for the one in 100,000 injuries that will need this.

 

Yup- Same thing happened to me a few years back. I had an F150 and was driving home from picking up my daughter after work. going up a hill and some dumb ass woman decided not to wait for the car in front of her and passed him- Right into my lane. I swerved as far as I could without going in the deep ditch and she ripped the drivers side wheel right off my truck caved in the bottom of the cab. all with a little Neon. I was a single dad and couldnt afford more then basic coverage. When All was said and done, I got the $500.00 mini tort and too bad for me.

 

Joe, did you have any injuries?

 

Pay attention here. SUE. If he survived and ever wants to own anything, you need to have a legal judgment against him. This will be on his credit report and will never come off until it is settled to your satisfaction. It might take twenty years for him to pay you and you are entitled to interest for the time you waited. With out a cleared settlement with you he can never get a car loan or buy a house with a morgage. You might have to pay for the judgment now but he will pay a whole bunch more later

 

See, told you guys insurance isn't so bad. Filing a claim with your own insurance carrier should not cause a rate increase and you should be taken care of. If not, call the insurance commisioners office in Michigan and they will jump on it quickly. Again, hope your family is OK and everything works out for you. When you need it and don't have it is when theirs a problem. Having insurance gives you a good safety cusion. Cuss it all you want but if you saw some of the things we pay out, you would be disgusted.

 

Are you really THAT dense? Did you read any of the last 10 posts. MICHIGAN IS NOT A TORT STATE. Hiring an attorney will just pull money out of your pocket. He can only sue if the guy had no insurance.

 

spoke to an attorney in ann arbor this morning. there is no legal course of action unless I prove to be permanently disabled, which I obviously don't want to happen.
It's truly like I just drove my car into a telephone pole...except that I get my deductible back. It seems that there are some situations where no fault might be good. This isn't one of them.

I'll let the thread die but though some of you might want to know in case it happens to you.