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Thomas McJD
Thomas McJD, Attorney
Category: Legal
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my husband was in an car accident 30 minutes after we bought

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my husband was in an car accident 30 minutes after we bought the car.the other driver was at fault.he ran into the back of our car,and pushed him into another car.the driver was ticketed for hazerdous driving.he was the only one that got hurt.he scraped his arm.we didn't have full coverage.our insurance company said his insurance company said they don't have his name for having insurance.i don't know if he was driving someone elses car.
our insurance company said that we can only get 1000.00 out of it if we take him to small claims court in michigan.we just payed 3300.00 for it.is that how mi insurance works?
penny

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Michigan's no fault insurance laws state that a person that is insured can only be sued for up to $1,000 if they are 50% or more at fault in an accident. However, if this person is not insured, you can sue him for the full cost of damages in small claims court up to the small claims court limit. If the damages exceed the small claims court limit then you can sue him in regular court for the full amount of damages. Thus, that $1,000 limitation only applies to a person that is insured. You indicated his company doesn't have a record. Thus, it appears he is either uninsured or provided incorrect information.

TMcJD :

Here is an article/publication that explains the law:

TMcJD :

http://www.michigan.gov/documents/cis_ofis_ip202_25083_7.pdf

TMcJD :

Please let me know if I can provide additional assistance. If not, I would be grateful if you could please leave me a positive rating. I cannot receive credit for my work without your positive rating and that is the sole means of compensation for JustAnswer experts. Thanks.

TMcJD :

Were you able to view your answer?

Customer:

yes,i received your answer.what is the amount of damage you have to have for small claim court?what is the limit?what kind of lawyer should i get if i take him to court?

TMcJD :

There is no minimum amount but $5,000 is the maximum. Any attorney that practices in litigation would be able to assist you with the case. www.martindale.com and the Michigian Bar Association's website would be good starting places in locating an attorney.

Customer:

ok thanks for the information

TMcJD :

You're very welcome. I would be grateful if you could leave me a positive rating. Thanks and have a great day!

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