small claims: Deductable

i was rear ended today and in mighigan its no fault law. Which means in an accident where both cars are driveable insurance will only pay for 500 dollars worth of damage. But i have a 1,000 dollar deductable and 1,300 dollars worth of damage (est by progressive agent), so can i take the other guy to small claims to get my other 500 dollars?

The way I understand it, if you have $1000 deductible, you are paying the first 1000, so with 1300 in damages, the insurance will only pay $300. That said, I don't know michigan's laws, but if it was his fault, and that has been established in a police report or by witnesses, then I would assume it is a possibility. I would call a lawyer or someone to find out if that is a common thing to do, and if it is, and he is at fault then go for it.

well also under michigan law, the person who is found at fault, their insurnace must pay up to 500 dollars for my deductable.

if you can prove it was his fault i would think you could get him or someone else to pay for it.

that's why michigan sucks...in OH if you're rear ended the other person's insurance pays for it. (sorry had to get my michigan shot in there...GO BUCKEYES!!! :evillol:)

If their insurance must pay up to 500 for your deductible, you're still out 500. Not sure about MI (I'm in VA) but here you could take them to small claims court to recover the remaining 500, since they caused the damage in the first place. Worth a few phone calls for $500!

I know this may not be the case there but here in texas you have the right to sue for the full $1300 no matter what u paid for the deductible. Always get a police report! lol

First try to get the money from their insurance company. If you dont get any luck then sue the driver. This is a pretty clear case that he was negligent therefore you should recieve everything. Just ask for the damage to your car thats it. I'm suprised if the cars were both driveable that he didn't just pay you out of pocket instead of facing insurance hikes.

just some thoughts........