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

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?

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Attorney answers 2


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.


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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