Expert: Doctor Settlement - 11/17/2007

Question
I was involved in an accident where I hit a horse drawn wagon. Fortunately no one was hurt but the wagon suffered extensive damage. The Amish owner of the wagon has no insurance. My insurance company refuses to pay him anything saying that under the Michigan no fault law he is responsible for his own property damage. In talking with him he mentioned his neighbor's buggy was hit by a car and in that case an auto insurance company paid for the damages in full. Is my insurance company hiding behind and misquoting the law in order not to pay?

Answer
Hi Richard,

Since when is a horse wagon a motor vehicle?  I think your insurance adjuster is wrong.  You hit and damaged someone's personal property, and your insurance needs to pay the guy.  As long as it is not a motor vehicle, there is no defense to them not paying.  What if you hit the guy's boat that was parked in front of his house?  

I join you in trying to look out for the Amish guy pulling the wagon.  That is a good thing to do.  I take it that you are at fault since you are trying to get your company to cover him.

In no fault states it is true that each person has to insure his own vehicle, then he uses his own insurance to repair the vehicle.  The victim, in this case the Amish guy, has no cause of action against the tortfeasor (that be YOU) unless he is injured and the injuries exceed a threshold that establishes them as serious.

So for my money, the best way to attack this is to determine whether or not a horse draw wagon qualifies as a "motor vehicle".  Forgive me if I looked up your law wrong, but let the adjuster show you how a wagon becomes a motor vehicle since your law seems to apply ONLY to motor vehicle accidents.  Here is one section of interest.
CHAPTER 31
MOTOR VEHICLE PERSONAL AND PROPERTY PROTECTION
Sec. 3101.(2) (e) "Motor vehicle" means a vehicle, including a trailer, operated or designed for operation upon a public highway by power other than muscular power which has more than 2 wheels. Motor vehicle does not include a motorcycle or a moped, as defined in section 32b of Act No. 300 of the Public Acts of 1949, being section 257.32b of the Michigan Compiled Laws. Motor vehicle does not include a farm tractor or other implement of husbandry which is not subject to the registration requirements of the Michigan vehicle code pursuant to section 216 of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.216 of the Michigan Compiled Laws.

(f) "Motor vehicle accident" means a loss involving the ownership, operation, maintenance, or use of a motor vehicle as a motor vehicle regardless of whether the accident also involves the ownership, operation, maintenance, or use of a motorcycle as a motorcycle.

Seems pretty clear, doesn't it?  How about also cutting in your state insurance commissioner http://www.settlementcentral.com/links.php  if your insurance gives the Amish guy any more grief.  That guy has a legal claim versus you, and should he sue you in small claims court, your insurance would have to pay.

Best wishes,

Dr. Settlement, J.D. (Juris Doctor)
www.settlementcentral.com