Expert: Richard Hixenbaugh - 3/10/2009

Question
QUESTION: I was involved in an accident with my parent's vehicle where I hit a man that ran a stop sign.  The accident happened in Michigan.  Michigan has a no-fault law.  My parent's vehicle was insured as law requires in Michigan, but the other guy's vehicle  was licensed in Wisconsin with no insurance.  The damages to my parent's vehicle was over $12,000.  Can I, my parents, or their insurance company sue for the full amount of these damages? No injuries were sustained.

ANSWER: Hi Scot,

Yes. You would have the vehicle repaired and paid for by your insurance company. Then your insurance company will go after the at-fault person for reimbursement.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Does Michigan "No Fault" law allow for the collection for full damages or is the recovery limited?

Answer
Hi Scot,

I'm not sure what you mean by limited. Your insurance company would pay in full to repair your vehicle. If you have rental coverage they will pay for a rental car per the terms of your policy. If you are asking about diminished value then the answer is that you would have to personally sue the at fault person in order to collect that because you can not collect diminished value from your own insurance policy except in the state of Georgia. Since the at fault person was not from your state and he had no insurance, the "no fault" law does not apply as far as I know.

I hope this helps
Richard Hixenbaugh