If the other person is at fault, their insurance company must pay. You have a right to get your own appraisal for the required repairs to your a vehicle. Based on your appraisal and theirs, you can negotiate. Be certain that your appraisal is done by a licensed auto body shop. If you can reach an agreement after negotiation with the insurance company, this is the best solution. However, if you truly believe they are "lowballing" you and your appraisal is higher, then fix the car, pay for it and take the "kid" to small claims court.
This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies
I am licensed in Nevada, but this answer should apply in Michigan as well.
The person that hit you should pay for the damages he caused. Without more information, I cannot tell if the $500 offered is appropriate. If that is the cost of the repairs, then that is what they should pay. They should also pay for a rental car during the time the car is in the shop. If you have a repair estimate for more than $500, then you should provide it to the other driver's insurer as proof of your damages.
It is often the case that the insurer will pay a shop more for repairs if there are more damages found during the repair and they were caused by the accident.
Hope this helps.
/s Donald Kudler
The kid's car insurance pays for the damages.
From your question, you think $500 is too low of an offer. If so, how do you know that? If you have an estimate of your own, you should counter the offer with a demand letter based on the estimate that you have received. If not, you should go to a reputable body shop and get your own estimate. If $500 is proper offer, then you are good, if not, you will need to proceed as I stated above.
If push comes to shove, you will have to file a lawsuit against the kid and take the matter to court.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.
** WARNING - MICHIGAN HAS A UNIQUE AUTO INSURANCE LAW **
Do not follow suggestions from attorneys in other states !!
$500 is the maximum you can recover from the kid that ran into you. It is called mini-tort. Read more about it on my website:
However you have a much larger problem looming. If you were uninsured at the time of crash, the kid's auto insurance company has the right to recover any payments they make to any source as a result of this crash. Yes, I know you are probably rereading the last sentence, but its true. So if the kid's auto insurance paid for any medical bills for the kid, the insurance company will ask you to reimburse them. If the kids auto insurance paid to fix his car, they will ask you to reimburse them. Anything they pay out, they will ask you to reimburse them. If you do not reimburse, after they get a judgment against you, they can petition the Secretary of State to have your driver's license suspended until you pay or setup a payment plan. It is a very harsh section of our law that punishes those that do not have the mandatory auto insurance and continue to drive. The law is codified in MCL 500.3177. Read it here: http://www.legislature.mi.gov/(S(jihlwz55t4yvcjb42r40wxuh))/mileg.aspx?page=GetObject&objectname=mcl-500-3177
I hope for your sake that when you mention that you have "no insurance" you only meant that you don't have property coverage on your policy, not that you do not have a policy at all.
I wish you the best,
Attorney at Law
Licensed in Michigan
In Michigan if the wrongdoer is insured, the most you can get for your car is $500. This is called the mini-tort claim. Most insurers will not pay this to you if you are uninsured yourself. If they will pay you the $500 mini-tort, you should take advantage of it. Good luck. For more information, visit Michigan Auto Law, www.michiganautolaw.com
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