I tried to get the $500 mini tort, but they say if I don't acutally fix the car, they wont pay the whole $500.

Asked over 3 years ago - Standish, MI

I have made the claim with the other insurance company. Now they called me and they want to pay the body shop directly, but I dont really want my car fixed there. I was just going to drive the car with the damage and not fix it. Aren't they required to pay the full $500 if their party was 100% at fault?

Additional information

I want the check to be written to me but they are refusing. They will pay the body shop or nothing. They cant do that, can they? He still hit my car whether I get it fixed or not, it is still owed to me, right?

Attorney answers (4)

  1. Steven M. Gursten

    Contributor Level 14

    Answered . There really are no Michigan cases that hold that the repair work actually has to be done in order to collect the $500 mini-tort amount. All you have to do is prove that damage exceeds $500 and that the other person was at fault. This doesn’t mean that a particular insurance company or Judge will have the same opinion. What you should do is tell the insurance company that if they don’t pay the $500 based on the reasonable proof you have provided, that you will sue their insured (in Small Claims Court). If they do not pay, then proceed with your lawsuit. If the driver and car owner are not the same, sue both.

  2. Chad David Engelhardt

    Pro

    Contributor Level 7

    Answered . Steve Gursten's answer above is 100% correct. No surprise given his stature as a leading authority on Michigan auto law. Following up on his answer, get a few estimates from body shops to present to the insurance company. If they still deny, file your suit but be prepared to have the estimators come to court or get a certificate that indicates the estimate is a business record prepared and kept in the ordinary course of their business. This is a another example of an unreasonable insurer, and why this State so badly needs bad faith insurance laws to punish these greedy insurers who deny meritorious claims.

    Of course, this is not meant as legal advice nor does it establish any professional relationship.
  3. Steven Arnold Heisler

    Pro

    Contributor Level 13

    Answered . small claims court is a good option here.

    http://www.heisler.org
    800 466 0000

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Insurance companies can pay a body shop directly, however, you can insist that they pay a body shop which you choose.

    Click on name or picture to see profile page.

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

32,514 answers this week

3,585 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,514 answers this week

3,585 attorneys answering