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My Car Was Hit While It Was Parked. I Dont Have Insurance, But The Person Who Hit Me Does. What Should I do.

Warren, MI |

My Car Was Hit This Morning Parked Infront Of My House. I Do Not Have Car Insurance But The Person Who Hit Me Does. What Should I Do. The Lady Who Hit Me Said They Would Cover All Damage Fees But I Dont Believe That They Will.

Attorney Answers 2

  1. get in contact with her insurance company. if it is not a substandard(high risk) company, it should be responsive. if not, you need to file a claim in small claims court. i don't know enough about the extent of the damages and therefore don't know if getting a lawyer is an economical option. good luck.

    ps - warren mich came up in one of my recent jury trials here in indiana as the defendant was universal trucking from warren.

  2. Michigan is a no-fault state, that means no matter who is at fault for an accident each party looks to his or her own insurance company to pay the cost of any vehicle damage or personal injury. In intent of no-fault insurance was to limit the number of lawsuits over auto accidents by making the insurance companies responsible for their insured regardless of fault. The trade off was that every vehicle owner is legally required to carry no-fault insurance. It is a crime to drive uninsured. Nevertheless, uninsured motorists are still entitled to file a mini-tort claim against the at-fault driver for any uninsured vehicle damage up to a maximum of $500.00. MCL 500.3135(4)(b).

    However, your incident may fall under one of the few exclusions to property protection benefits. MCL 500.3123(1)(a) provides that the insurer of a moving vehicle that collides with a vehicle parked in a manner that does not cause unreasonable risk of the damage that occurred is obligated to pay property protection benefits to the parked vehicle's owner. To the best of my knowledge, you are therefore entitled to recover full damages to your parked vehicle despite being uninsured. However, you are not entitled to sue for personal injury, if any.

    I recommend that you contact a Michigan no-fault attorney.

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights.