Can I sue for my deductible in Michigan?

Asked by: Prof. Myron Grimes  |  Last update: February 11, 2022
Score: 4.9/5 (37 votes)

Under Michigan's auto insurance law, a driver can be personally sued only under certain circumstances. ... For example, if you have standard collision insurance with a $100 deductible and are involved in an accident for which you are less than 50% at fault, you can sue the other driver to recover your deductible.

Can I sue the at fault driver for my deductible?

Robert's Answer: Yes, you can sue the other driver. But your insurance company will probably go after the other driver themselves. This is called “subrogation.” If they choose to subrogate, then your insurance company will refund your deductible from whatever they collect from the other driver.

Do you pay deductible if not at fault Michigan?

Under Michigan No-Fault insurance, if you are less than 50% at fault in causing the car accident that resulted in damage to your motor vehicle, then you will NOT have to pay a deductible if you have the broad form or limited collision coverage. The deductible is waived if you are not “substantially at fault.”

Who pays the deductible in a car accident in Michigan?

You must pay the deductible. Your insurance pays. You do not have to pay the deductible. *You may be able to collect up to $1000 from the other driver under the “mini-tort” provision of the no- fault law.

Do you have to pay deductible if someone hits you?

You do not have to pay a deductible if someone hits your parked car, that person is identified, and they have property damage liability insurance. ... But if the accident is a hit-and-run, you can use your collision insurance or uninsured motorist coverage to pay for the damage.

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Do I still have to pay a deductible if it wasn't my fault?

You do not have to pay a car insurance deductible if you are not at fault in a car accident. The at-fault driver's liability insurance will usually cover your expenses after an accident, but you may want to use your own coverage, in which case you will likely have to pay a deductible.

How do I dispute an insurance claim against me?

If you disagree with the decision, you can apply to the NSW Civil and Administrative Tribunal (NCAT) or start a court case. For more information on lodging a dispute, see Make a complaint on the AFCA website. There are time limits for lodging a dispute with AFCA.

Can you sue for car accident in Michigan?

The things you can sue someone for after a car accident in Michigan include pain and suffering compensation, excess wage loss benefits, excess medical benefits and vehicle damages up to $3,000. Additionally, you can file a lawsuit against your auto insurance company for No-Fault benefits that are unpaid or late.

How can I get my car insurance deductible waived?

How Can I Avoid Paying a Car Insurance Deductible?
  1. Choose not to file a claim until you have the money.
  2. Check your policy, as you may not have to pay up front.
  3. Work out a deal with your mechanic.
  4. Get a loan.

What is deductible limited?

If you're less than 50 percent at fault, you won't have to pay your deductible. Limited – Repair or replacement of an insured car is covered only if the driver is less than 50% at fault. In this case, you'll have to pay your deductible.

Can you waive a deductible?

Deductibles can be waived in some circumstances (depending on which state) such as being less than 50% at-fault, claiming for glass repair or having uninsured motorist property damage coverage. As a general rule, it's good to be wary of auto body shops that offer to waive a deductible.

Do you get your insurance deductible back?

Your insurance company will pay for your damages, minus your deductible. Don't worry — if the claim is settled and it's determined you weren't at fault for the accident, you'll get your deductible back.

What if I change my deductible before filing a claim?

Changing your comprehensive coverage and collision coverage deductible, or changing insurance policies to get better coverage prior to submitting a claim, is considered insurance fraud.

How do car insurance companies pay out claims?

If your claim is approved, you'll receive payment for the amount of the loss as determined by the insurance company. Depending on what the insurance claim entailed, you might receive the payment or the insurance company might send it directly to any vendors involved in the loss, such as a car mechanic.

What if damage is less than deductible?

If your car repairs are less than your $500 deductible, you won't be able to file a claim. You should cover any repairs close to your deductible amount, as they're considered small repairs. It's unwise to file a claim for a minor accident.

How do you deal with a car accident that isn't your fault?

You should absolutely call the police, whether the accident was a minor fender bender or a significant crash. If the accident wasn't your fault, having an official police report will help you hold the other driver accountable for damages and repair costs.

Do I have to pay deductible if car is totaled?

The short answer? Yes, you do. In order for your insurance company to pay out on the claim, they'll subtract your deductible from the total payout. You'll usually have to pay all of your deductible regardless of how much insurance pays for a totaled car.

How can I lower my insurance deductible?

Listed below are other things you can do to lower your insurance costs.
  1. Shop around. ...
  2. Before you buy a car, compare insurance costs. ...
  3. Ask for higher deductibles. ...
  4. Reduce coverage on older cars. ...
  5. Buy your homeowners and auto coverage from the same insurer. ...
  6. Maintain a good credit record. ...
  7. Take advantage of low mileage discounts.

How long do you have to sue after a car accident in Michigan?

If you've been injured in a Michigan auto accident, you generally have three years from the date of the crash to file a lawsuit against the at-fault driver for the injuries you sustained. This three-year period is known as the “statute of limitations.” It applies to both bodily injury and wrongful death claims.

Can you sue for pain and suffering in Michigan?

Pain and suffering is an important element of compensation in all Michigan personal injury cases. ... You can claim these damages in cases involving car accidents, medical malpractice, dog attacks, and any accidental injury case in which a physical or psychological injury was caused by the negligence of another.

Should I sue after a car accident?

In most cases, suing after a car accident is unnecessary. If nobody was hurt and the other driver has auto insurance, chances are their insurance company will reimburse you for the cost of your repairs. In some instances, however, it's a good idea to sue after a car accident.

Can you challenge a write-off?

As you may have guessed already, you can only challenge the write-off, if your car is a category C or D write off. Once your insurance company has decided that the car is a write-off, they'll offer you a settlement amount.

Can you contest a write-off?

If your insurance company review the damage to your car and decide it is a 'write-off' you don't have to accept their decision. ... it is possible to challenge whether the car is actually a write-off. You can also challenge the amount of money you are offered if you accept the car is written-off.

Can you take insurance to court?

If you have trouble getting your money back, you can take the insurance company or driver to court. If your insurance company have dealt with the claim, they should claim the excess back for you.

What happens when an insurance claim is made against you?

When someone makes a claim against your policy, your first response should be to get in touch with your insurance company and let them know that the other party is seeking compensation for damages. ... In this case, your insurance company will partially reimburse the other driver for damage caused in an accident.