Should I fight the other party's auto insurance if he was 50% at fault for an accident?

Asked about 3 years ago - Waterford, MI

A truck pulled out in front of me without his lights on and I immediately hit him. It was dark and ten o'clock at night. He said "sorry, I didn't see you when I pulled out." Can I collect on his mini-tort coverage with Allstate Insurance?

Attorney answers (2)

  1. Chad David Engelhardt


    Contributor Level 7

    Answered . I would say you should try collecting under a mini-tort claim. Please see Michigan Auto Law attorney Thomas James' excellent AVVO legal guide to filing a Mini-tort Claim.

    Of course, this is not meant as legal advice nor does it establish any professional relationship.
  2. Mark T Stern

    Contributor Level 11

    Answered . Generally speaking most states burden the vehicle entering the road with yielding the right of way to oncoming motorists.
    Hire a local attorney.

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