Car Repairs and Property Damage Claims

The Michigan car accident lawyers at my law firm are often asked about car repairs and how to submit an insurance claim for property damage following a car accident. Generally, your own insurance company pays for repairs to your car through Collision Insurance.

Drivers are not required to purchase a collision insurance policy by the Michigan No Fault Act. This makes collision insurance different from the basic No Fault Insurance policy that IS required by the Act. Even though the law does not require a driver to buy collision insurance, it is still usually a good idea to purchase a policy if you can afford one. The reason is that if you do not have collision insurance, you will have to pay for the repairs to your car even if you were not at fault in the accident. If you were not at fault, you may be able to collect $500.00 from the negligent driver in a "mini-tort claim," but this is the most you will be able to collect. If you were at fault, you will not be able to collect anything.

If you do have collision insurance, your insurance company will pay for your car repairs. There are three forms of collision insurance and the type of policy you buy determines what exactly your insurance company will pay.

• Limited Collision Coverage: Your insurance company pays for the repairs in an accident that was less than 50% your fault, but you have to pay the deductible. In an accident that is more than 50% your fault, the insurance company pays nothing and you have to pay the full cost of repairs unless you win a $500 mini-tort claim against the other driver.
• Standard Collision Coverage: Your insurance company pays for the repairs and it does not matter whose fault the accident was. You still have to pay the deductible.
• Broad Collision Coverage: Your insurance company pays for the repairs regardless of who was at fault. You have to pay the deductible if you were more than 50% at fault, but you do not have to pay the deductible if you were less than 50% at fault.

So far, we have been talking about repairs to your car, but what if the other car is damaged?

First, DO NOT offer to pay for repairs to the other person's car, even if you believe you were at fault. Such a statement is admissible in court if the other person files a lawsuit, and you may be liable for significantly more money than the law would require you to pay. Also, most accidents happen so fast, it is often impossible for one driver to determine accurately who was at fault. The best way to determine fault is to have both sides tell their stories and to use evidence from the police report, accident reconstruction experts, and witnesses who were not involved in the accident themselves.

Next, KNOW YOUR RIGHTS under the law. If you have insurance for your car, the most you will have to pay for repairs to the other car is the deductible for the other car. The maximum amount is $500.00. If the other car is uninsured, the other driver may elect to pursue a mini-tort claim against you, and the most you would have to pay is $500.00, even if the total costs of repair are much higher. Moreover, many times your own insurance company will pay the deductible or the mini-tort award.

The best thing to do is consult with an experienced Michigan car accident attorney to determine exactly what type of coverage you have and who has to pay for what in an accident. You should also contact your car insurance agent to evaluate whether the type of insurance policy you have is best suited to your needs.

If you would like more information about your rights after a Michigan car accident, you can order our FREE book, "The Ultimate Michigan Car Accident Handbook" by clicking on the book link. We will send it out immediately along with other important information.

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