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

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?

Waterford, MI -

Attorney Answers (2)

Chad David Engelhardt

Chad David Engelhardt

Car / Auto Accident Lawyer - Ann Arbor, MI
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.
Mark T Stern

Mark T Stern

Personal Injury Lawyer - Fairfield, CT
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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