There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.
It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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