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An old woman "failed to yield the right of way" at a stop sign. I swerved to avoid her, hit some ice, and two objects.

Dowagiac, MI |

It was winter. Only one road was plowed. I was forced to swerve to the unplowed road, where my car spun out and collided with a lamp post and a stop sign. The police came and gave the OTHER DRIVER a ticket. My insurance covered everything except for my $500 deductible. The other driver's insurance company refused to pay my $500 deductible (they offered me $50).

If I had not swerved, she would have definitely broadsided me. Because I swerved, her car was undamaged.

I have filed a mini-tort to go after the other driver in small claims court for my $500.

3 questions:

1. Will I win?
2. What should I say?
3. If I win, she will pay my deductible and her insurance company will reimburse her... is this correct?

Attorney Answers 3


3 words. Small claims court.

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Go to small claims court and tell the truth. You will probably win. Best of luck -Reese Serra

This advise is only being offered as a courtesy. We do not have an attorney-client relationship and I do not represent you. Additional, the advice I have provided was based on the limited fact pattern provided by you. If the facts differ, my advice may not be correct. If you live in Michigan and would like legal assistance with your issue, feel free to contact me: 586-615-0756 / (ADVERTISING MATERIAL)

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It is very difficult to answer your questions. There are two sides to every story, and every case depends on a myriad of unique facts. I am guessing the other side has a slightly different version of the accident facts which led to their refusal to pay your deductible. The trial may come down to credibility of the testimony. I hope is goes well. Good luck!

An attorney-client relationship is NOT created through the use of this website or by answering this particular post. Each claim is different and must be judged on its own merits. The response herein does not constitute legal advice. The response is in the form of legal education and is intended to provide general information about the matter within the question. Questions may not include significant and important facts that could significantly change the reply. Mr. Price is licensed in MO only and strongly advises the questioner to confer with an attorney in his or her particular state in order to ensure proper advice is received.

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