QUESTION
Can I recover the $10,000 difference from the at-fault party, her insurance company or my insurance company?
Asked on Dec 28th, 2016 on Personal Injury - Michigan
More details to this question:
My brand new vehicle is total loss in an accident which was not at my fault. I only had that vehicle for 2 months and 800 miles. Now the insurance company is only willing to give me $10,000 less than what I paid.
3 ANSWERS
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Check your policy. They only pay market value. The limit on the other side's liability is $1,000 in Michigan.
Answered on Feb 22nd, 2017 at 4:48 PM
Insurance Defense Attorney serving Jackson, MI
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Dungan, Lady & Dunga, PLLC
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You can get up to $1,000 from the at fault driver under the mini-tort provisions of the no fault fact, or from her insurance company if she has mini-tort coverage. Otherwise, you need to fight with your own insurance company over the fair market value of your vehicle, unless it is a situation where you agree it is worth less than what you paid for it.
Answered on Feb 22nd, 2017 at 4:48 PM
Ronald A. Steinberg
Under Michigan law, you can sue the bad guy for $1,000 or your deductible, whichever is less. Check Auto Trader and other such publications to see what your car is worth on the open market. If you cannot work out something with your insurance company, then sue them.
Answered on Feb 22nd, 2017 at 4:48 PM