Is small claims court an option for an auto accident in a no-fault state with no injuries
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Is small claims court an option for an auto accident in a no-fault state with no injuries
I am a delivery driver and was on a delivery. I was driving down a 1-way road
with no stop signs along my path. A bus that was stopped at an intersections stop
sign, pulled out in front of me, and T-boned my car. The police came to the
accident scene and the bus driver admitted fault. There is a police report on the
accident. My car is not able to be driven as the accident bent some of the metal
framing and the appearance of my car is a wreck. I am unable to continue work due
to this. There were no injuries.
I have PLPD insurance and have filed a claim with the bus companies insurance.
Their adjuster recently told me I may receive 1000 maximum for my damages. Am I
in a position where it is a viable option to take the bus company to small claims
court for the rest of the expenses towing fees, lost wages, repair costs?
Asked on October 26, 2016 under Accident Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
As long as in accepting the $1,000 payment, you do not sign anything (e.g. a release or a settlement agreement) in which you give up your right to sue or accept that $1,000 as payment in full of your claim (since if a claim is "paid in full," there's no longer anything to sue for). Barring that, you can sue for any unpaid losses, like damage in excess of $1,000, possibly some lost wages (though you are expected to quickly find alternate transportation; you will likely find that you can only collect lost wages for a day or two, maybe three or so at most), towing costs, etc.
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