I was in an accident where the second vehicle is registered in Michigan (a no-fault state) and the driver has no-fault (Michigan) insurance. I don't have collision insurance, I only have liability. Since we were in New Hampshire at the time, is the Michigan driver liable for my damages (he was 100% at fault)?
His insurance company wouldn't let me file a claim with them since Michigan is no-fault state - they said the insured has to file the claim himself.
What's the law on this? Can I sue the driver and/or his insurance?
2007-03-13 10:44:00 · 3 answers · asked by Orclev 2 in Cars & Transportation ➔ Insurance & Registration
The police were called, so there's a police report for the accident. According to the guy I spoke to on the phone from the other insurance agency, (at least in Michigan) it all goes back to your own carrier. He might just be wrong since he admitted he was not the claims person, the claims person was gone for the night.
I have Geico, not really a personal insurance agent, but I can try to have them get involved if the other insurance agency claims no liability.
2007-03-13 11:09:04 · update #1
No fault does NOT mean he is not at fault. All "no fault" is is Personal Injury Protection which only means that his insurance will pay for his own medical expenses no matter who is at fault in the accident. If he is 100% at fault, his insurance will ultimately pay, BUT, they MUST speak to their insured and investigate the claim (get a police report, speak to any witnesses, etc) BEFORE they will accept liability and pay for your damages. You will probable also have to submit to either a recorded statement or a written statement. They are now aware of the accident and they should investigate to see what happened. If you are having trouble, contact your insurance agent - if you have a good independent agent, they will help you in dealing with the other company even if you do not have collision coverage (I used to do this when I did claims and our claims person does the same thing for our agency). If you do not have an agent you are on your own. A direct writer may not help you either (Allstate, State Farm) but you can ask if you have trouble to see if they will help. They are not obligated to if you don't have the coverage. It may take a while, especiallly if their insured is unreachable for a while. Your damages will be paid out of his property damage liability. I hope this helps & good luck.
2007-03-13 11:02:01 · answer #1 · answered by Sue 6 · 0⤊ 0⤋
Your best bet would be to consult with an attorney, that is my first and final answer, but you may wish to read on.
Did you call the police, and when they arrived, whom did they find at fault? If no police were called, you may not only be in violation of the law, but chalk it up to lessons learned that regardless of Insurance company policy, if you want to get paid for damages, then you call the police (so there is a written report of the accident on file vs. it being your word against theirs).
While it is highly possible many people misunderstand the concept of a no-fault law, after reading through some articles, it would appear the law was created more in an effort to stem the senseless flood of ridiculous monetary compensation lawsuits than anything else, so it acts as a cap on the total liability, and not a way to get out of liability.
I myself have never heard of this crap where you can just hit someone's else's vehicle and not be held liable, and it makes sense it has to do with a cap on the total liability vs. 'we just dont have to pay.' But, you need a police report or you could be sol if for no other reason than without police presence, it has been my experience it's never anybody's fault, so there's no defining who was really at fault without a report.
Either way, bothering hourly insco employees likely is a fruitless search, I would highly recommend you consult with an attorney, or if nothing else get someone who can speak this out in clearly defined english so as to get this Insco off their butts.
2007-03-13 18:01:33 · answer #2 · answered by netthiefx 5 · 0⤊ 0⤋
Your are probably gonna have to sue the driver of that car to get anything done. I hope you do not have to hire a Lawyer, but you may. Yes if hes 100% responsible and the Policemans report says that, you can Sue him legally.
2007-03-13 18:01:35 · answer #3 · answered by donna_honeycutt47 6 · 0⤊ 0⤋