My wife was struck by an uninsured motorist in Michigan. While the other motorist did run the red light, none of the witnesses stayed. The officer assigned equal fault on the police report. So are there any laws in Michigan where we can still collect our deductible from this motorist?
2006-12-20 04:16:51 · 5 answers · asked by KMM 1 in Politics & Government ➔ Law & Ethics
I'm not sure about the rules of evidence in MI, but in IL a police report means jack-squat. It is hearsay and not admissible at trial.
What do you mean, the police officer assigned "equal fault?' Did he issue tickets to both drivers? What were the tickets for? If you truely are not negligent, or only partially negligent (less than 50%) in this accident than I would see a personal injury attorney. You won't have to pay anything, even if he agrees to take the case. Personal Injury cases are taken on a contingent basis, which means your attorney will not charge you anything unless he wins your case. Then he will take 33% from whatever he collects for you. If he takes your case and loses, you will not have to pay anything. Thus, he won't take it unless he feels he can win.
Also, DO NOT SPEAK WITH YOUR INSURANCE COMPANY. This is an uninsured motorist situation so your own insurance company is your enemy here b/c they will have to pay your damages. Tell them you are seeking legal counsel and he will contact them once you have obtained him.
2006-12-20 04:58:51 · answer #1 · answered by orzoff 4 · 0⤊ 0⤋
however in CA no less than, being in an twist of fate with $500 or extra damages (possibly $750, I overlook correct now) without reference to fault, outcome in an automated license suspension. Other states can have equivalent legislation. The lawyer could also be posturing, with the risk that if you do not pay, any such notification will probably be made to the state. Of direction, the coverage corporation may have already crammed it out besides on their possess. So the lawyer would possibly quite simply be posturing and hoping for the nice. Maybe you must rent your possess lawyer, negotiate hence, and such a lot of all, get coverage or give up riding.
2016-09-03 13:57:21 · answer #2 · answered by mesidor 4 · 0⤊ 0⤋
You can try taking the other driver to small claims court for the deductible, but your chances of prevailing when the officer on scene assigned equal fault are not good. My brother was involved in an accident in Westland and was (wrongfully) found at fault for the accident. The other party took him to small claims court, and even though the officer on scene was no longer a police officer at the time of the hearing, the judge basically bought the report and ordered my brother to pay the other guy's $500.00 deductible.
2006-12-20 04:26:19 · answer #3 · answered by sarge927 7 · 1⤊ 1⤋
when the police report states equal fault it means you now pay to fix your vehicle and the other driver pays for theirs. Sorry you got screwed.
2006-12-20 04:24:46 · answer #4 · answered by freakyallweeky 5 · 0⤊ 1⤋
i wish. michigan sucks. i spent my first 23 years there. now i live in a place where u can actually make a buck and live a good life
2006-12-20 04:20:27 · answer #5 · answered by Steven Colbert 4 · 0⤊ 0⤋