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I was in a car accident, were I was 100% NOT at fault. My truck was the other driver were both covered under PLPD. I received the mini tort check. but the value of my truck was more. I was told I may be able to get some of the value of my truck back. What are my options?

Submitted: 292 days and 10 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Optional Information

Whitmore Lake, Michigan

Already Tried:
I spoke to the owner of the other car a few days after the crash, and she told me she would cover the remaining $700 that was lost when her daughter totaled my car. When her insurance sent me the mini tort check (which I haven't cashed) I called her, and she refused to speak to me about setting up payment for the still remaining $700. The police report has alcohol listed for the other driver, although I don't know if it was over the legal limit. The other driver needed to be taken to the hospital because of a head injury when she drove her car over the line, and into my truck. I sat with the other driver trying to stop her bleeding until the paramedics got there. She kept telling me she was so sorry and she would pay whatever to replace my truck. So I have been told by both the driver, and her mother, that the truck would be paid for, and as soon as her insurance covers the $599 I told them it would, she refused to speak to me, and hung up when I was talking to her.

Posted by JB Umphrey 292 days and 8 hours ago.

Answer

Thank you for using JustAnswer!

I am very sorry to learn of your circumstances. However, under Michigan law, the only thing you are entitled to is the $500 mini-tort. What the injured driver and later her mother told you mean nothing.

The relevant portion of the linked law is:

(3) Notwithstanding any other provision of law, tort liability arising from the ownership, maintenance, or use within this state of a motor vehicle with respect to which the security required by section 3101 was in effect is abolished except as to:


(e) Damages up to $500.00 to motor vehicles, to the extent that the damages are not covered by insurance.

 

The reason why the other driver/mother is no longer returning your calls is because they have been informed by the insurance company that the max. they are on the hook for to you is $500 and that has been paid to you.

 

Again, this is the way current Michigan law is written. The idea is that this would encourage people to (1) insure their vehicles and (2) get a policy that's better than PLPD.

 

People who choose to only buy PLPD do so with the risk that in the event of a bad accident where the vehicle is totalled, they're only going to get $500.

 

Unfortunately, most people don't understand this at the time they're making insurance decisions and they find themselves in the exact situation you are.

 

Again, I'm very sorry for your situation and I know you'd like a different answer. But, this is the way Michigan law is written. That $500 that has been paid to you (please, cash that check) is the most you're going to see from it.

 

Nonetheless, I hope that you find this information to be helpful and this answer to be ACCEPTable.

242 days and 15 hours ago.

Reply

Hello, I have not replayed because not long after you sent me the answer I was sent a letter from the prosecuters office. Since the woman driveing the car was drunk, I am entitled to damages, so the information you had given me proved to be incorrect for my situation.

Answer

Thank you. My answer was incomplete, only to the extent that I was not aware that the other driver was intoxicated and was being criminally charged. Had I known that additional information, I would have advised you to make sure you contact the crime victim rights division of the prosecutor's office. Best wishes!

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Expert: JB Umphrey
Pos. Feedback: 97.7 %
Accepts: 
Answered: 3/25/2009

Attorney

Michigan lawyer who explains basic criminal, consumer, and contract-related matters.

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