Car accident - what's my responsibility?

Discussion in 'General' started by MichelleVDH, Aug 13, 2009.

  1. Ange2k25

    Ange2k25 Well-Known Member

    Actually, it was 3 times for DH and 1 for me. I had a supposedly sunblinded teenager plow into me while I was totally stopped at a red light. He came around the corner from his development and hit me. I had been stopped for several seconds and the light changed just as he hit me. Nothing to do with my driving. For DH, all of them were people hitting him when he was stopped at a light too. One woman said she didn't see the red light, the guy just wasn't paying attention and said he thought the cars ahead were moving already, so he started moving. The light hadn't changed when he hit us. The third was a woman who turned the corner and didn't notice there was a line of cars waiting for a light. All the fault of another driver not paying attention. Niether of us slams on the breaks in normal driving conditions. I would chalk it up to bad luck that we were rear ended so often in 3.5 years considering DH has been driving for almost 24 years and I've been driving for 14 years with no tickets or other accidents.
     
  2. kim01

    kim01 Well-Known Member

    to me u owe her the 4500.00 to fix her car,u hit her car,it got messed up. u need to pay to get it fixed. what a screwy law,wow i'm actually quite sadenned by that. what a crappy law to have. and what a way to make alot of people who are NOT at fault have to pay out their money for a accident that wasn't their fault.
    if i were her,i would be getting an attorney until i got what it took to get my car fixed.
     
  3. Jennifer P

    Jennifer P Well-Known Member

    She knew what she was getting into when she got the bare minimum insurance. It was a risk and she took it. Now she has to deal with the consequences. I don't think the $4500 is owed.
     
  4. ktfan

    ktfan Well-Known Member

    Ditto. I would feel badly that it happened, but when it's all said and done, SHE is the one that chose to not be fully covered. Lesson learned.
     
  5. twin_trip_mommy

    twin_trip_mommy Well-Known Member

    I have to agree with you that the law is messed up. I really don't get why people there don't work to get the law changed. Maybe some are trying. BUT the law is what it is and she is legally NOT responsible for the total bill. I'm not planning to move but if I were that law would be a HUGE deterrent for me against choosing Michigan.
     
  6. AmynTony

    AmynTony Well-Known Member

    the law is very clear - if you choose not to insure your vehicle for Physical Damage you are driving at your own risk - the poster does NOT owe the other driver anything...Michigan is a true no fault state - regardless of fault your own insurance company pays for your damages/injuries - UNLESS you're in an accident with someone who is not a resident of MI...

    trust me - fault states have much higher instances of litigation and costs incurred...
     
  7. AmynTony

    AmynTony Well-Known Member

    here's the thing - MI has 3 different forms of collision coverage - Limited collision - where your insurance company will ONLY pay for damages if you are not at fault...Regular collision where regardless of fault everyone pays their own deductible and your own insurance company pays for your damages and Broadform collision - where if you are 49% or less at fault you don't pay your deductible - if you are 50% or more at fault you DO pay your deductible...so if that woman would have carried at least limited collision (which is the cheapest form) she wouldn't be in this pickle...

    also did you know that MI has unlimited injury protection? Thats right - regardless of how severe your injuries are you are covered for life - so if you're in a catastrophic accident and need to have your entire house rebuilt to accomodate a wheelchair and have a new vehicle purchased with a wheelchair lift it is at no cost to you....so before you decry such laws please understand that there are ADVANTAGES to this...

    the woman who chose not to purchase collision coverage is practicing a risk management took called retention - you retain the costs of the loss yourself...and she was probably also just cheap...
     
  8. talivstouwe

    talivstouwe Well-Known Member

    Yikes. I hope she stops calling you now that she has spoken to your insurance agent. I wouldn't contact an attorney - let her make the first move. I am guessing she is all talk.

    I actually just learned about MI law with regard to this - a friend of mine was just rear ended. I actually had to do a double take when I read your post! But - she was driving a mini van. She was also only carrying a small amount of insurance and it won't pay to fix their van or whatever. Bummer for her, I guess.

    I have a 2000 Chevy Cavalier and I can tell you that sucker isn't worth $4500. ;)
     
  9. Cynthia3200

    Cynthia3200 Well-Known Member

    Thank you for posting this. Its not fair to give Michigan such a hard time. People know the risks when they sign up. If you live here and are an adult driver, you know the difference. What do you expect to get out of car insurance that runs you $30-$40 a month.
     
  10. Susanna+3

    Susanna+3 Well-Known Member

    Under certain accident situations here in PA we also have 'no fault.' However, I don't think rear-ending is one of those. Regardless, if this woman wants to sue you it would go through your insurance company...this is the whole point of having insurance. You are paying your premiums to take care of stuff like this, and even worse...if someone is severely hurt they sue your insurance to get their medical bills covered. This is why we have insurance. Your responsibility is met. If she chooses to sue you, she'll have to have her attorney go to your insurance. And I'm pretty sure most states have a $$ minimum on law suits like this. I seriously doubt $4500 would fall under this. She should sell her car for whatever she can get for it and go buy a used one if she wants to keep the minumum insurance plan on it. Most people who have the minumum have a car that is not worth repairing should it be this badly damaged. She can probably get another used car for the same amount or less. If she continues to call I would ask her politely not to call you again, but to call the insurance or to contact whatever legislative office deals with these grievances of how the law is written. And let her know if she calls you again you will have to take other legal action regarding harrassment. I would boldly welcome a lawsuit. Just tell her to have her attorney contact your insurance agent. Maybe that alone will stop the calls. But whatever you do, don't give in. The laws are what they are, she chose the insurance she has, and cannot expect you to make up that difference. Accidents do happen, and it doesn't sound like this one was avoidable or out of neglegence. (it's not like you were texting or something!)
     
  11. Susanna+3

    Susanna+3 Well-Known Member

    Don't feel too badly... We had a friend who was hit in his company truck 3 separate times within 2 weeks...totalled the truck 2 of those times... So he went through 3 trucks in 2 weeks!! And none of them were his fault at all just a really bad 2 weeks. His wife started to pray for him because it just seemed like something was out to get him!
     
  12. TwinsItIs

    TwinsItIs Well-Known Member

    We had our car rear ended as well pretty badly. The entire axle (not sure if I got this right) had to be changed and the entire fender replaced, as well as other damage. And the total was less than half of that. It was a fairly new Sienna.

    She chose the crappy insurance, thinking she'll save (her car was probably not worth more than that), she has to live with the consequences now.
     
  13. Oneplus2more

    Oneplus2more Well-Known Member

    I wouldn't worry about a lawsuit because I don't think she will find an attorney that is going to represent her in this case. Looks like the law in MI is pretty clear.

    I hope by now she has stopped contacting you. I wouldn't have any more converations with her beyond insisting she handle it through the ins co or an attorney.

    UGH!! This sucks - sorry!!
     
  14. Babies4Susan

    Babies4Susan Well-Known Member

    If you carry PLPD, that's the risk you take. People who carry it have a small insurance bill, but a high risk. I, on the other hand, have a higher full coverage insurance bill with a low risk. People really should not opt for PLPD unless their car is worth very little.
     
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