Expert: Bennie719 - 11/11/2007

Question
My 17 year old son was in an accident tonight. Someone pulled out in front of him and he hit them behind the front door.  The other driver was ticketed.  We live in Michigan with No fault insurance and have only liability coverage on the 95 Saturn he was driving. My question: Since we have no collision coverage, and the accident was not my son's fault, is it possible to get the damages covered by the other drivers insurance? I am sure the damage is in excess of the $2,500 value of the car. Would I file the claim with our insurance.. or the other drivers?

Answer
Hi Darla,
According to the Michigan insurance website

http://www.michigan.gov/documents/cis_ofis_nofit_gd_25094_7.pdf

Since you do not carry Comprehensive and collision on the Saturn, then you have Basic No-Fault.

BASIC NO-FAULT DOES NOT PAY FOR:
Repairs to your vehicle after an
accident, no matter whose fault it
was.
Repairs to another person's vehicle
after an accident, no matter whose
fault it was, unless the vehicle was
properly parked.

If the other driver only had Basic No-Fault, you will not be able to recover any amount.
You need to file a claim against the other drivers insurance company.  If he had coverage that is more broad than Basic No-Fault, then you should be able to recover your damage.
I hope this has been of help.
Sincerely,
Bennie
San Francisco Bay Area 11-10-07 6:57 PM PST