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legalgems
legalgems, Lawyer
Category: Legal
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Experience:  Just Answer consultant at Self employed
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I was in an auto accident and I filed a claim for damages in

Customer Question

I was in an auto accident and I filed a claim for damages in Michigan small claims court, X rays show two cracked ribs causing me pain. Also my auto valued at $6000, was totaled. I have police reports stating the other driver was ticked for speed 'too fast for conditions. I have filed in small claims court. I did not have collision coverage on my auto.
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: Michigan
JA: Has anything been filed or reported?
Customer: I filed a claim in small claims court
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have police accident report which verifies my statements
Submitted: 12 days ago.
Category: Legal
Expert:  legalgems replied 12 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 12 days ago.

I am sorry to hear this; what is your specific legal question please?

Customer: replied 12 days ago.
I have a court date of Jan 16, What do I need to bring to present my case. The car is totaled and I have two cracked ribs
that are causing me discomfort. I am 70 years old. I claimed the maximum in the small claims ct of $5500.
Customer: replied 12 days ago.
Please contact m via email, if I require more detail, I will set verbal apt.
Expert:  legalgems replied 12 days ago.

I would urge you to contact a personal injury attorney as they will consider taking the case on contingency, meaning they get a percentage of the judgment if it is successful. While MI is a no fault state, under the mini tort statute a person can be liable for damages to another's vehicle, and for serious bodily injury.

Please see:

https://www.michigan.gov/documents/cis_ofis_noflt_gd_25094_7.pdf

A party can also recover for special damages when there is serious physical injury; some attorneys will advise special damage requests to be approximately 3x the amount of wage loss, medical bills, rehab costs or any other economic loss except property damage.

If one decides to lower their claim to meet small claims' dollar limits, then one would need to bring proof of fault (ie police report), proof of damages (ie medical reports and bills); but since cracked ribs can be very painful and have a lengthy healing time, it is best to have a personal injury attorney review the case; and they can dismiss the small claims case and file in general civil iif it is determined that the plaintiff will be successful.

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 12 days ago.

An attorney can be located here:

https://www.michbar.org/public_resources/home

https://www.consumer.ftc.gov/articles/0180-hiring-lawyer

For small claims, please see page 6 and 7 for the process:

http://www.legislature.mi.gov/publications/consumerprotection.pdf

Expert:  legalgems replied 10 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!