I've got a question for the insurance folks out there...my friend Dave lives in MI...got rear ended at a light, other driver was ticketed, and seems to be in a situation where since both of them have uber-sh*tty insurance, he can only get $500 form the guy, not even enough to cover his wrecked car....here is what we wrote me..

" Ed,

I was sitting at a stoplight, not moving, and an acceptable distance from the car in front of me. I heard screech and got rearended (no gay jokes...please lol) totaling my car. I have PLPD insurance (the lowest one you can buy because insurance in MI is so damn high). Basically what I've been told is that my insurance is only required to reimburse me for $500 towards the damages of the car. Now what I've been told is that because I don't hold limited collision coverage on my car, the most a small claims court judge will grant me from a hearing against the kid is that same $500 because I didn't have better insurance. Also, I was told he isn't liable for my medical injuries because my injuries weren't severe enough to warrant him being liable. Something about a threshold? I don't remember exactly.If you need anything else let me know.

Dave"

It just doenst seem right that he has no recourse...I can understand about not being able to sue for much medical (broken elbow is all i think), but the car should be a no-brainer.

00accordlx5spd...or anyone else...please chime in! Thanks

 

Unless MI is a totally f***ed state, he should be able to recover the value of his "totaled" car+ his medical expenses + "pain and suffering". I am not at all familiar with MI law, but I say he should immediately consult a lawyer. Do not sign any releases or accept any checks just yet. A broken elbow is DEFINITELY a compensable injury. In MS I have paid $1,000 pain and suffering for someone that had a sore neck and headaches to keep it out of court.
As far as his personal insurance goes, I don't see how it would matter as long as he had the state required minimum coverage. Some states such as Louisiana will not pay unless you have at least minimum coverage. But in MS, even if he didn't have insurance at all, we would still pay the claim. He needs to go to a lawyer ASAP.

 

Thanks...I'll pass the word along.

 

I've been in a number of accidents, I fought one for 6 years.... Unless their laws are REALLY backwards I don't see how a state legislature would even allow such a small amount to be paid out. Something's fishy, don't sign anything and just get a fricken attorney. The status of his credit (your friends) has nothing to do with this when he's not at fault (unless he wants to claim it against his as well). Minimum coverage for medical in MT is $25,000/person. $500.00 total settlement? BS. Which insurance company is telling him this?

 

Please tell me it is Progressive so my claims to their terribleness can be validated!

 

Definatelly do not sign any paper or agree to anything till like adviced he talks to a lawyer
he might not even have to pay upfront money for a lawyer , they usually get 30-33% of the settlement

 

Typically in Mississippi the lawyer does not get any money unless they win money for you. Normally the Lawyer gets 1/3 of the total settlement. The "usual settlement" is based on medical bills. Normally 1/3 is for medical bills, 1/3 is for "pain and suffering" and 1/3 is for the attorney. Of course, the attorney always presents the medical bills at their non-reduced value. After a settlement, the attorney will go in and get the medical bills reduced so the amount is only about 30% of what was originally billed.

 

I'll send him a link to the thread, and try to get some more info. Its for his own benefit. Thanks for the input.

 

Let me know if you need my help in any way. I'm on here all the time

 

apparently so am I as of late....