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Non public road accident | How to get this done

by Virginia
(Waterford, MI)

I was at a stop light on a road, although a typical major road behind a mall and other stores, and was hit while i was stopped for a light.

I do not have collision and my van is a modified van for handicapped person. The rear end is banged up and i got an estimate of 4500 dollars...the van is worth 5,ooo without modidifications.

I was told that the person who hit me is not responsible for my damage and that I will have to pay for all repair...The cops didn't give him a ticket for it wasn't on public road. I was told that I may be able to get a mini tort of 500 or possible sue for up to 2600 but no more by the police.

They told me to call the courts. I am distraught for I can not afford to get this van redone. Is this true, what I am being told. I live in the state of Michigan, oakland county.

thank you and God Bless. Virginia


Answer:


Hello Virginia ,

Michigan is a no fault state. This accident is property damage only which means there may be recourse for you. You really want to talk to a lawyer. In most states, you can use to be put back in the position you were before the accident (a modified van).

I hope this helps .


As always, it is very important that you talk with a local attorney!
Good Luck,
Auto Insurance Claim Advice

Comments for Non public road accident | How to get this done

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Jan 04, 2011
 Very Confused
by: Anonymous

I am not sure what you mean by property only. I am assuming, it means that I didn't have any personal injury. Also, why would my insurance company and the police state, that I will have to cover the damages. Is there any place online, that I can read up on my rights. I would talk to a lawyer, but my funds won't be able to afford such. Others that I know in other states say, that because this person hit me that he should have to pay. The key I think is the non-public road and no fault and of course, no collison on my part.
I just don't see it as fair that beings it was not my fault...I was just sitting there waiting for the light to change, and I get hit from the rear. His car is a company car insured and he didn't get a ticket.
Would I sue at a small claims? And, do you know anything about no fault on non public roads and what no fault means at all. I feel very confused..any help will be greatly appreciated.
Thanks so much for your response and help. Gb

Last answer to follow up:

There is no difference between public and non public roads. Negligence/liability is the same. There is an issue in Michigan regarding the accident being "property damage only." It's a legal term of art and that is why you have to talk to a lawyer.

You are assuming that a lawyer will cost you money, which may or many not be the case.

A lawyer in Michigan will be able to answer why anyone would tell you that.

Small claims could be an option, but again, only a lawyer there can tell you that for sure. We are not sure where you can read on your rights. You have a specific situation, so getting legal advice really is the best answer for you.

Good Luck

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