plpd and a total loss

by Michael
(Traverse City, MI)

I had just switched insurance companies December 18,2008. I was involved in an accident Thursday, January 8,2009. I was at a dead stop. There was a line of traffic in front of me stopped as well.

A lady in a minivan came flying up behind me and slammed in my back end at about 45 mph; which, is also what the cop said. She slammed me into the vehicle in front of me. She pushed the back end of my car about 2 inches forward and tweaked the frame. The exhaust is pinched and the trunk is stuck and will not open.

The rear end is mostly mechanical damage. Most of the problems in the rear are caused by it being shifted; which makes the car a bit difficult to drive.

The front is smashed in as well. The hood is very difficult to open and close. The radiator is pushed in a few inches. All that I have is PLPD and I am being told that I can only get $500.00 for damages. The police officer told me that the lady driving the van was a 100% at fault. Also, I live in Michigan and am unfamiliar with the laws here and your site does not have a link for the Michigan insurance info.

My question is Is that TRUE?

Is there a way that I might go about pressing the issue further. I have photos of the accident and before pictures. I really need help before the statue of limitations expires. Please, any help will be greatly appreciated.

For some reason I could not upload the images. If there is another way I could go about it please tell me.

Thank you


Answer:

Yes it is true. Michigan is a no fault state for vehicle damages. The other insurance company will only pay you for your deductible ($500) and you will have to go through your own insurance company. If you do not carry collision, then it appears that you have to fix your car yourself.

The only way you can recover is if you have serious injuries, in which case you need to talk to an attorney.

Contact a local attorney to see if there is anything you can do, but as far as I know, unless you have collision, you cannot recover for vehicle damages against the other party in Michigan. Please do not rely on this as it is very likely incorrect.

Good Luck
http://www.auto-insurance-claim-advice.com/