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My Parked car was struck by a Non Insured driver.He was cited. Can I recover these expenses?The driver was cited for reckless driving and my insurance is going after him for the damages plus my deductible. It took 8 weeks in a body shop to get my car restored during which it cost me $800. for rental expenses. am I entitled under Michigan no fault act to recover my rental expense? Attorney answers (3)
Reputation Level 14
Answered over 2 years ago.
Personal Injury Lawyer in Livonia, MI.
Yes, you are. www.kliszlaw.com. Tim Klisz
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Reputation Level 6
Answered over 2 years ago.
Car / Auto Accident Lawyer in Farmington, MI.
Yes. In Michigan, if the wrongdoer is insured, the maximum claim for property damage only is $500. This is called the Mini-Tort claim. However, if the wrongdoer is uninsured, they are not protected by the Michigan No-Fault Act, and you can pursue them for all of your property damage, as well as rental vehicle expenses. Even if you auto insurer covers your collision damage, you may still have to pay the deductible to get the car out of the shop. However, you can file a lawsuit against the wrongdoer (car owner and driver) in Small Claims Court, to recover these damages.
Reputation Level 10
Answered over 2 years ago.
Car / Auto Accident Lawyer in Farmington, MI.
Yes, you are entitled (only because they were uninsured)
Yes, you can sue (probably small claims court) Yes, you will likely win if you can show proof of all losses (receipts/payment proofs/etc). No, you will likely never get the money. Practically speaking, if they couldn't afford insurance and your insurance is already going after him for all other damages, then the end result is nothing left to be gotten. Just weigh the benefits of missing work to attend a court hearing only to get nothing in the end. Sometimes the best course of action is just to walk away. Good luck to you, Tom James tjames@michiganautolaw.com tjames@gurstenlaw.com Related Questions3 Attorney answers: 
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