CAn I sue for the cost of a new car if my car was totaled in an accident that the other driver caused?

If the woman had active insurance on her vehicle in Michigan, the most you can recover is $500, as an insured wrongdoer is immune from any property damage over and above that amount. This is called the Michigan mini-tort claim. Please note that the $500 is a maximum. If you have collision coverage, and had a deductible lower than $500, for example $250, then your mini-tort amount would be limited to $250. If you only $100 of actual damage, then your mini-tort amount would be limited to that amount. If you had “broad” collision, then your deductible would be waived if you were less than 50 percent at-fault and you would have no mini-tort claim. However, If you had PLPD coverage only and you feel your car is totaled, you will most likely have a $500 claim.

In order to recover your mini-tort amount, you will need a copy of the police report, a copy of the Declaration Page from your insurance policy and a damage estimate or if the damage is significant, photos of the damage to your car. You should submit these items to the insurer for the wrongdoer and demand your mini-tort amount. If their insurance company will not pay the amount, your only recourse, if the wrongdoer will not pay you, is to sue (the owner and driver if different people) in the small claims court where the accident happened.

If the wrongdoer was uninsured, then the wrongdoer is not protected by the Michigan No-Fault Act, and you can sue for all of your property damage. However, you would ultimately receive the fair market value of your car and any special damages such as a rental car expense, loss of use, etc., but not the value of a new car.

Lets make this easy..

Q1: Was the other person at fault for the mva?
If no, then stop.
If yes, goto Q2

Q2: Was the other person insured?
If yes, then you can get up to $500 (mini-tort),
If no, then you can go after fair market value of your car.

Hope that helps. We also provide an extensive analysis of the laws related to property damage on your cars. See here: http://www.michiganautolaw.com/nofault/michigan-mini-tort.php
That page of our site also contains a sample letter you can use as a template to get your mini-tort

I wish you the best,
Tom James