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lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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My Mint ,low milage, Auto was hit in the right quarter panel

Customer Question

Good Morning!
My Mint ,low milage, Auto was hit in the right quarter panel by a SUV. It took my Insurance Company or their rep five days to look at it. The following working day they called to say they had totaled it and offered in the mid 7,000 range, I informed them that the Blue book said mid 10,000 and I send them six examples of my auto or lesser cars, all with higher milage, ranging from 9,999 to 11,999. They refused to listen. What can I do?
Submitted: 4 years ago.
Category: Legal
Expert:  lwpat replied 4 years ago.

Thanks for using JA. I will do my best to answer your questions. DON’T FORGET, your deposit is not used to compensate me until you rate my service. Unfortunately this is common practice among insurance companies. They will offer you about 2,000 less than what your vehicle is worth knowing that it is going to cost you at least that much to seek an attorney. I assume that the other party was at fault. Your only legal recourse is to sue the other driver for the full value of your vehicle. You will have to file in circuit court since the small claims limit in Michigan is only $5,000. You may be able to draft the summons and complaint on your own and then pay a local attorney for an hour of his time to review it for you and give you the advice on how to file. Here is a referral site.

Often when you file they will then settle for a reasonable amount since it usually sends the file to another division with more authority. .

Customer: replied 4 years ago.

Michigan is a " no fault " insurance State. There were multipule cars involved and I do not believe anyone got a ticket.

Expert:  lwpat replied 4 years ago.
Sorry, I did not realize that Michigan was a no fault state.