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Old 02-07-2013, 04:32 PM   #1 (permalink)
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Michigan Mini-tort law

Hello people of forumland!
Recently i was struck by another driver on the snowy roads of michigan. we both have insurance. i am 0% at fault. she is 100% at fault. i am trying to work with her insurance to get my minitort claim in damages of up to $1000. i have provided the repair estimate, the police accident form, and the policy dec sheet showing that i am in fact insured. i have been patient with this dilema and have waited 3 weeks for my check. her insurance company is saying something about someone not having coverage or something like that. what kind of legal ground does someone in my position have in a situation like this? can i take her to small claims or what can i do? thanks for all the advice!
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Old 02-07-2013, 11:35 PM   #2 (permalink)
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You can file in small claims court, which is quite easy here is an article explaining small claims http://www.legalmatch.com/law-librar...ms-courts.html . You don't need a lawyer to represent you in these proceedings and it is lot like Judge Judy you just file at the courthouse and they give you a date generally you need to pay something like $30-$50 to file the case then serve process on the insurance company.

You could also hire a lawyer to ask for more money under a theory of negligence explained here. http://www.legalmatch.com/law-librar...egligence.html

If this was a bad car accident or you think it might end up being a bigger deal you should consult an attorney to represent you as they can make an insurance company pay.
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Old 04-17-2013, 05:46 PM   #3 (permalink)
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Per the original posters statement, the roads were snowy. And while he states that the other person was found to be 100% at fault, that does not necessarily mean they were NEGLIGENT.

Example. If I am driving down the road and I have a heart attack and crash into a parked car, I can be 100% responsible. However, this does NOT mean that I was necessarily NEGLIGENT. Now, if I knew of some physical condition that should have prevented me from driving, negligence could come into play. But if I had no idea I would have a heart attack, and had no warning nor any signs, I was not necessarily negligent.

That's the problem when spammers copy and paste links in "answer" to the question---they can rarely synthesize the information to apply it to the situation at hand.

To the OP. You stated the insurance company stated "someone didn't have insurance or something". Does that mean they told you the other driver, the one who was at fault is NOT in fact insured and as result, they are denying the claim? If so, check your policy. Do you have underinsured motorist? Or uninsured? If so , YOUR policy may pick up the tab. But even so, keep in mind the cost of having your insurance pay the tab may result in YOUR rates going up.
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Last edited by GentleGrace; 04-17-2013 at 05:49 PM.
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Old 05-14-2013, 04:06 AM   #4 (permalink)
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Quote:
Originally Posted by Allenrobert View Post
Sometimes, bad weather conditions will contribute to an accident by interfering with visibility, diminishing traction on the road surface, or otherwise making it more difficult to drive a car. A driver should take the effects of the weather, such as strong cross-winds or slippery roads, into consideration when driving. Sometimes the weather will cause an unexpected hazard, such as black ice or flash flooding, which may not be detected by a driver until it is too late to avoid the hazard. So if you were in this situation, you must contact an experienced Car accident attorney who will investigate your case and give details over your basic rights based on the policy and the in-forced laws of your place.
A great plagiarized post, copied entirely from ExpertLaw. Spam by any other name is still spam.
Weather Conditions and Car Accidents
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[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
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