What are my rights if I was hit by a driver who disregarded a traffic signal?

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What are my rights if I was hit by a driver who disregarded a traffic signal?

This driver and another driver (who was turning left) collided. The other driver received a failure to yield ticket. The insurance company for the driver who hit my car (I was zero percent at fault and received no ticket) denies all liability and refuses to pay a mini-tort for my deductible. The other insurance company is claiming some fault and is paying a portion. What can I do?

Asked on May 3, 2013 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the driver who hit you. The insurer's determination is not a court or legal determination--it has no legal weight. It is simply the insurer's opinion that they do not have to pay. You have the right to sue the driver and try to prove in court (such as by testimony, accident reports, etc.) that the other driver was at fault and caused your damage, and therefore is legally liable for your costs.


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