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Michigan Car Accidents Questions & Answers
1 Answer | Asked in Car Accidents for Michigan on
Q: Own Toyota Rav4 '08, Removed key, still running. Backed into car while I away. $500 deductible. Can I charge Toyota $500
Brent T. Geers
Brent T. Geers
answered on Jun 1, 2022

You can, although I don't know how successful you will be. You'll probably need to file a claim against Toyota.

1 Answer | Asked in Car Accidents for Michigan on
Q: Does car value effect mini tort laws in Michigan?

Insurance is telling my daughter her 2007 kia rio is only worth 1200 yet her estimates range from 4700 to 5200 to repair. So they claim they only have to pay out 1200. I cant find anything that says either way for a minitort claim.

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2022

Mini-tort is a remedy against an at-fault driver, not your insurance company. Your insurance company is effectively telling you the car is totaled, and they are only obligated to pay you what your car is worth, not how much it costs to fix it. This happens when the cost to repair exceeds the value... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Michigan on
Q: my case is worth $150,000 I get $38,000 out of it. now my attorney tells me it’s worth $250,000 but I’m still getting 38

These numbers don’t sound right

Tim Akpinar
Tim Akpinar
answered on Apr 14, 2022

This is something a Michigan attorney could advise best on, but your question remains open for two weeks. You could ask your attorney to sit down with you and go over the figures with you. It sounds like you have a large lien(s) on the case. Without knowing more, it could be from any number of... Read more »

1 Answer | Asked in Car Accidents for Michigan on
Q: If a person trying to sue me and they had hit me could I turn around and sue them because it was they fault ?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 18, 2022

You can sue them if you like---anyone can sue----the issue is whether or not you will win (or a judgment would be rendered in your favor)----that is based on the facts of the case as presented to the trier of fact (judge/jury). Since most accident attorneys provide a free initial consultation, I... Read more »

1 Answer | Asked in Car Accidents for Michigan on
Q: Someone hit my car in my driveway & claims she blacked out She is excluded from the insurance company. What should I do?

Someone hit my car in my driveway. The lady claims she blacked out. Come to find out from her insurance company, she was excluded from the policy and shouldn't be driving. Do I take her to small claims court? The mini tort limit in warren Michigan looks to be $1000 and I wouldn't be able... Read more »

Brent T. Geers
Brent T. Geers
answered on Dec 13, 2021

You would be making a claim on your insurance policy. You could sue her under mini tort as you stated. You can, and probably should, do both.

1 Answer | Asked in Traffic Tickets and Car Accidents for Michigan on
Q: I was issued a citation on 9/28/21, the citation states that the incident happened 7/28/21. Can I get this dismissed?

I was struck by another car in an intersection while I had a green arrow. Im getting a failure to yield because of the cops evaluation, he believes I am at fault. I have witnesses that saw the other person run a red light, but I also don't want to take things to chance. Can I get this thrown... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2021

No. Focus on the facts. See if there was a camera at the intersection. And if you were hurt contact a member of the Michigan Assn for Justice--they give free consults.

1 Answer | Asked in Car Accidents for Michigan on
Q: Getting sued for accident that wasn’t my fault, Three cars involved. Someone hit me To lose control to hit the other car

They say we were dragracing and they Have an eyewitness. Before the Accident, like a mile and a half. The other car Flew around me, I did hit the gas to catch up to him but at the time the accident we weren’t doing any of that, we slowed down because cars were approaching ahead. The others guy... Read more »

Brent T. Geers
Brent T. Geers
answered on May 25, 2021

One thing you need to realize is that more than one person may be legally liable to another. It's possible that the person suing you is also suing the other driver. Regardless, you are now in a position where your defense may be "it wasn't me, it was this other guy". Whenever... Read more »

1 Answer | Asked in Car Accidents for Michigan on
Q: hit by a driver pulling out of their parking spot in my apartment lot. Neither car was insured. Driver is suing.

Was doing the posted speed limit. Tried to swerve out of the way due to lack of time to brake properly. Haphazardly told them (off record) that I would help them out but then reconsidered because they hit me. No pictures were taken of any damages. Only info given was my first name and phone number.... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

How do you know the other car wasn't insured? If you have received paperwork starting a lawsuit, you should consult immediately with a local attorney. It's possible to raise as a defense the fact that they weren't insured.

1 Answer | Asked in Car Accidents and Personal Injury for Michigan on
Q: Had a rear end accident not at fault on a highway, cars totaled, my wife have back, and neck pain but I had no insurance

Can I still make a claim on my vehicle on others persons insurance?

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2021

Not for the vehicle; that's (one of) the consequences of not having insurance. You'd be responsible for your vehicle even if the other driver were at fault.

2 Answers | Asked in Car Accidents for Michigan on
Q: What can I do if a restaurant employee hits my car in the parking lot of the restaurant?

I was in a Jimmy Johns drive through ready to order. A Jimmy Johns employee was told to move their car, during that process she backed into my car and destroyed the front end of my car.

Brent T. Geers
Brent T. Geers
answered on Mar 27, 2021

It would most likely be processed like any other traffic accident. Exchange insurance information with the employee and make a claim with your insurance company; they will take it from there.

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1 Answer | Asked in Car Accidents for Michigan on
Q: If I am in an accident with no insurance but the other driver who is insured is at fault should I pursue a claim
Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

Michigan law became complicated due to Republican attempts to limit the liability of careless people. I suggest you contact a member of the Michigan Assn for Justice in your county --they give free consults.

1 Answer | Asked in Car Accidents for Michigan on
Q: If the person is listed as at fault on the report but i had no insurance is she still liable to pay 500 towards my car?

I got into a car accident on June 15 2020. I was leaving from my credit union. I was there to inquire about the discounted auto insurance that they offered. I didn't qualify So I was going to go home get some over the phone. As i was trying to leave out of a one way exit this young lady pulls... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 3, 2021

I don't believe that's true. What you are referring to is often called the "mini-tort" statute. It requires you to have insurance, as it's intended to reimburse you for your deductible.

1 Answer | Asked in Car Accidents for Michigan on
Q: i had to have my arm amputated due to motorcycle accident. 1 person. my ad&d was denied cuz of bac.

it was denied on 08/20/2015. is that to long ago to appeal their decision and get the compensation i paid extra for out of my paycheck? it was an 80,000 policy and i received none. my bac was only a little above the legal limit. and the way they took it was sketchy and contradicts themselves.

Brent T. Geers
Brent T. Geers
answered on Jan 21, 2021

You should talk with an insurance attorney, but I suspect 1) it is too late to now appeal that decision, and 2) even if you did appeal, I would imagine the policy allows them to decline coverage when they can point to a criminal act like this as the cause.

1 Answer | Asked in Personal Injury and Car Accidents for Michigan on
Q: We need legal assistance we are being sued

We do not have money for a lawy

Tim Akpinar
Tim Akpinar
answered on Dec 6, 2020

A Michigan attorney could advise best, but your post remains open for three days and this is clearly something where time is of the essence in your actions. If this involves someone suing for injuries from a car accident (based on the categories in which you posted), you should immediately take any... Read more »

1 Answer | Asked in Car Accidents for Michigan on
Q: Can I give evidence when it's time for me to give my court submission?
Tim Akpinar
Tim Akpinar
answered on Nov 13, 2020

A Michigan attorney could advise best, but your question remains open for a week. As a GENERAL matter nationwide, evidence is gathered during the discovery process. That could take several months and it involves attorneys conducting depositions and gathering records that include police reports,... Read more »

1 Answer | Asked in Car Accidents and Civil Litigation for Michigan on
Q: Injured on a Detroit city bus by a car hitting the bus from behind how do I file a claim against the city insurer?
Tim Akpinar
Tim Akpinar
answered on Nov 12, 2020

A Michigan attorney could advise best, but your question remains open for two weeks. You should consider consulting with a Michigan attorney without further delay, as accidents involving public carriers could be subject to very short filing deadlines. According to your description, a vehicle struck... Read more »

1 Answer | Asked in Traffic Tickets and Car Accidents for Michigan on
Q: Driver failed to stop At stop sign drove over me and my 6 year old daughter on oct 8 2019 Police says driver was cited

It happened in Saginaw michigan it was on purpose can I report it to attorney general now

Brent T. Geers
Brent T. Geers
answered on Oct 5, 2020

If the driver was cited, I'm not sure what purpose the AG would have in getting involved. You should contact the court or prosecutor's office to see what happened.

2 Answers | Asked in Car Accidents for Michigan on
Q: Drunk Driver accident in a no-fault state?

My brother and mom got in an accident last night. A drunk driver left a bar and barely made it 500 feet before hitting them head on, in their lane. We live in a no fault state. He also fled the scene. The driver worked at the bar and they let him go, knowing he was intoxicated. What can we do? Do... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 14, 2020

Call your insurance company; they will take it from there. Depending on a number of factors, you may want to engage a local attorney in what is called a dram shop case.

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1 Answer | Asked in Car Accidents for Michigan on
Q: I need help understanding MACP for Auto

I was in an auto accident and have injuries. My father owns the vehicle. The vehicle is covered under a family AAA plan of which I was listed on the policy and the assigned driver for that vehicle. At the time of the accident I was not living with my parents. AAA covered my collision costs and paid... Read more »

Patrick Duff
Patrick Duff
answered on Sep 11, 2020

The MACP assigns claims to private insurers when there is no coverage available for the claimant. They should assign your claim to a private insurance carrier. That carrier should pay your benefits. It is possible the assigned carrier will go after your dad's insurance if they think AAA... Read more »

1 Answer | Asked in Car Accidents for Michigan on
Q: I rolled into a car that was illegally parked behind me. Who's at fault?

I was parked in the driveway and the tenant parked behind me illegally she was on the street blocking the driveway my foot rolled off the break and I roll backwards and bumped the car who is at fault if she never would have parked crossways blocking the driveway illegally I never would have bumped... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2020

A Michigan attorney could answer best, but your question remains open for two weeks. As a general matter, a car leaving the driveway would have the brunt of the fault. In discussing the matter with your insurance carrier, you could raise the argument you make here. Good luck

Tim Akpinar

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