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Old 11-16-2008, 09:34 PM
CWW CWW is offline
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Join Date: Sep 2008
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Quote:
Originally Posted by babymog View Post
I don't know how FL's no-fault goes, although I do carry FL insurance on my motorcoach, ... but I do know from experience that Michigan has legal hurdles in place to prevent suing for coverage of one's vehicle. An uninsured motorist simply doesn't hav insurance on his own vehicle, and other than a "mini-tort" which I believe is capped at $400, you have no recourse for damage to your vehicle. I've been through this with attornies and such when we were hit by an drunk driver in Michigan (a no-fault state). Damage to a vehicle is not recoverable, although other losses such as property damage or personal injury is a loss that the courts will allow you to recover through the courts.

AL might be different, neither of us apparently has direct experience there.
I guess attending law school and having made three separate trips to small claims court for this exact same issue, in a No-Fault state, must not constitute "direct experience" in your book?

Trust me on this one, not only can he sue, but he will most certainly win. A rear-ender is presumed to be the colliding driver's fault in virtually every state, including his. I mean no offense, but you are really giving him terrible advice. He should go to court and get his money back, rather than worry about eating the cost himself.

And far as michigan, I would love to see a copy of any statute or case law that limits the total recovery in car accidents to $400.
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