Had a car accident that wasn’t my fault. Will someones insurance company cover my damages?

UPDATED: May 11, 2009

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Had a car accident that wasn’t my fault. Will someones insurance company cover my damages?

A van stopped in front of me to turn right into a driveway. I stopped behind the van. A truck hit my car in the rear and pushed my car into the van in front of me. I have PL & PD Michigan insurance (no comprehesion or collision). The estimate for damages for my car was $7,000.00. My insurance won’t cover the damages, but will the truck’s insurance company pay $500.00 or will I have to sue the truck’s owner in small claims court to get the $500.00 maximium amount. Also, am I or my insurance company responsible for damages for the van’s damages. Thanks for your help. Gregg

Asked on May 11, 2009 under Accident Law, Michigan


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hi Gregg!

Based on the facts that you have written, i have a few q's:  did the police make a report and find the truck that rear ended you at fault?  Did the police come to the scene?  Are you injured?  Were you taken to the hospital?

Assuming the truck is at fault here and you suffered a minor back injury, the truck's insurance company should pick up the property damages and your pain/suffering.  Do not let the insurance companies give you the run around.  Take action as follows:  Go obtain the police report - it is a public record.  Hire a car accident lawyer in Michigan. The lawyer will place the truck's insurance company on notice of the claim and seek compensation for the property damages.  Go see a doctor and get treatment for any injuries you have.  Injuries from car accidents creap up on you days after the accident or months.  You want to make sure you are ok before you settle the claim.  On the other hand, if all you are claiming is property damages, you can submit the police report to the insurance company and let them know in a letter that you plan to sue for the damages.  Hopefully that will get them to the table to make you whole.  If not, again, hire a lawyer to help you sue this company.

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