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 Posted: Sat Feb 07, 2009 6:27 am Post subject: Michigan uninsured fender bender |
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| I live in Michigan and got rear ended, didn't even know if i hit a pot hole or the car behind me hit me at first, drove slowly down the road a bit since the other car didn't appear to stop, got about 1/4-1/2 mile down the road and realized they were getting my plate number so I pulled over to get honked at and them drive by, couldn't get there complete plate and I had a minor scratch which I wasn't concerned with so didn't file any report. Got a call 2 days later finding out they filled a accident/inncident report. They're side of the story is I cut them off and thats how they hit me almost smack dap in the middle of my bumper, now I assume they are trying to make a insurance claim on what could only be small paint scratch or they filed incase I filed a hit and run against them. After I talked to the cop I went to go find my insurance and it had lapsed. So since I know that Michigan's no fault insurance that for fender benders each persons insurance covers. Was wondering since I was uninsured if I then would be responsible in this case? I asked the cop if they were reporting damages and that I wasn't worried about a little scratch. She said yes and were going to put us both down as 1's. Don't quite know what that means either but am assuming that it means we both received minor damage. |
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KindaIWantTo
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| Posted: Sat Feb 07, 2009 8:01 am Post subject: |
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| I _think_ (and I'm not 100% sure) that the most the other party can collect from you is $500. That is, I think no-fault still applies even though you did not have insurance. If the police cited you for not having insurance, the judge can suspend your license for 30 days and require a yearly fine for up to two years. |
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tcope
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| Posted: Sat Feb 07, 2009 1:16 pm Post subject: |
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You would still need to be found negligent, or at fault for the accident in order to be legal liable for their damages...which i would think in this case would be hard to prove given the impact...has the other parties ins. company contacted you?
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Lori
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| Posted: Sat Feb 07, 2009 4:43 pm Post subject: |
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| Please keep in mind that MI is a no-fault state for property damage. That is, it's the ODDEST state for insurance laws. |
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tcope
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| Posted: Sat Feb 07, 2009 5:01 pm Post subject: |
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Todd, How in the world does 'no fault' work on PD? 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sat Feb 07, 2009 5:20 pm Post subject: |
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| I can't see that it would. Hey, don't get me wrong... I have NO idea what they were thinking! Also, PIP benefits pretty much last a lifetime! I think there is a million dollar limit on them. |
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tcope
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| Posted: Sat Feb 07, 2009 5:24 pm Post subject: |
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Man, i tried to get thru the Mich. dept of ins site, I can't even find the state min.! that site is a confusing mess! and "I" know what I'm looking for! 
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sat Feb 07, 2009 10:29 pm Post subject: |
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| Yes now imagine if you were just an average everyday "Joe". LOL. I would think since the poster was hit from behind he would only have the fines and such for not having insurnance plus of course the small repair to his car. Isn't it hard to place fault on a person who was hit from behind since the other still would have had to have control over their vehicle? Wouldn't the damage to the middle of the bumper itself help to show who was responsible. |
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fireyone
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| Posted: Sun Feb 08, 2009 12:18 pm Post subject: |
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Yes, Fire those are my thoughts exactly...maybe if i get a spare six hours i'll try and desipher that site again, and try to figure it out.. 
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Lori
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| Posted: Sun Feb 08, 2009 7:04 pm Post subject: |
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The only people that have contacted me so far is the police, I didn't tell the cop I was unisured I just told her I didn't have my insurance papers in front of me. I called back the officer Friday around 4 and had to leave a message so I imagine they will be calling me back tommorrow. From what I have been told from different people that I should just give her my now current insurance info to keep from getting a driving without insurance charge because once the cop rights down I have insurance they can't give me a ticket for that afterwards. I took pics of my bumper showing the minimal scratches they made and that its located about 5 inches left of the center of my bumper. My main question is really that if I am not at fault for a fender bender really if they can still try coming after me. For all I know really is that the other people might have filed it incase I had reported them for a hit and run. The officer did say they had some damages and put us both for a 1 so that made me believe they were filing with their insurance company.
I did find somewhere on this site were it was stating that for Michigan minor accidents like fender benders each persons insurance covers their own clients damages and that for bigger accidents the other persons insurance covers. Makes no sense to me to be honest, had a buddy get sued for being at fault for a larger accident for not having insurance yet the reason insurance rates are so high is because we are paying for uninsured drivers accidents. |
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KindaIWantTo
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| Posted: Sun Feb 08, 2009 8:56 pm Post subject: |
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| Quote: | | been told from different people that I should just give her my now current insurance info to keep from getting a driving without insurance charge because once the cop rights down I have insurance they can't give me a ticket for that afterwards. |
Well you've been told wrong about this...i would give her your current card but if they ask for the policy period you'd better not lie cause the judge could ask that you produce it (or the cop) and they most certainly can give you a ticket because you were uninsured on the date of the accident... | Quote: | | its located about 5 inches left of the center of my bumper. My main question is really that if I am not at fault for a fender bender really if they can still try coming after me |
It doesn't sound like you are at fault..i suppose they can try but the physical evidence (vehicle damages) says different...that (the damage) is in your favor...They may have filed with their carrier but I would just tell them the facts of the accident and that you were trying to be a nice guy and not pursueing your damage because it was minimal, and how on earth could you possibly be at fault when they rearended you? Not like you backed into them...
So only person you've heard from is the cop? Are they trying to get you for a hit and run or failure to report an accident maybe?
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Lori
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| Posted: Mon Feb 09, 2009 5:51 am Post subject: |
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| It happened on Wed. and was called mid Fri afternoon from the cop, the cop even said right away I might not have even known I was in it when she was telling me why she was calling me, but obviously I know it happened. I even told her about me pulling over once I realized that in fact I was rear ended and them honking at me and kept driving. So as far as I know the other people so far have just filled the report that it happened, which I know is needed in order to have your insurance company cover damages from a accident. It didn't seem as if they were trying to get me for a hit and run or failure to report, she was just calling mainly to get my information and side of the story I believe. I told her my story and that I didn't bother reporting it because the damage was just a little scratch that I wasn't worried about since I already have a little paint peeling on my bumper and its not like it really damaged my bumper was just a scratch. Also the fact that I didn't get a complete license plate number and the little I did get I wasn't completely sure on. To be completely honest part of the reason I didn't even call it in to be was due to the fact that they had a handicapped plate even though them speeding to get on my rearend to read my plate and then honking at me when I pulled over did get me a little upset when they hit me. So you do believe this will be something that will have to be dealt with in court? Thats really the main concern because I know if their insurance comes after me it will go to court, and if I miss my class I will be starting in a few weeks I will have to retake the entire course, no exceptions |
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KindaIWantTo
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| Posted: Mon Feb 09, 2009 6:11 am Post subject: |
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my damage
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KindaIWantTo
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| Posted: Mon Feb 09, 2009 10:40 am Post subject: |
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| Quote: | | will be something that will have to be dealt with in court? Thats really the main concern because I know if their insurance comes after me it will go to court, and if I miss my class I will be starting in a few weeks I will have to retake the entire course, no exceptions |
No not at all I think they may tell their carrier something different, or maybe they were more concerned with you reporting them as a hit and run...their damage cannot be much given the photo of yours...did the cop say what they were claiming happened? Their 'version' of the accident? I see nothing coming from this that would require court....I'd ask the cop what the other people were claiming happened that should give you a good indication of their motive(s)...again your damage speaks very loudly as to what happened the the force (very little) of the impact...
Do let us know what the cop says. If you hear from their carrier just tell the truth about what happened, no need to prove the carrier anything about ins..I'd personally tell them it was none of their business as clearly you are not at fault for this accident...
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Tue Feb 10, 2009 7:08 pm Post subject: |
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| Wow. Thats it? I agree there couldn't have been much damage to the others vehicle. I also would think that unless there are other marks on the vehicle this would prove that the poster was not the one at fault. Seeing where the marks on the vehicle are even if he would have cut them off wouldn't the other guy have had plenty of time to stop? Usually when hit from behind its generally the other persons fault for not being in control. |
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fireyone
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