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Discussion Starter · #1 ·
Has anyone here had to deal with an insuance comp. after a wreck? This is a frigging nightmare. I was recently rear ended at a stop light by someone. Well ofcouse the damage was less than the deductible (thank god) so i figured her insurance company would cover damages. NOPE, WRONG, according to michigan law motorcycles don't fall under the no fault law but yet we pay no fault prices. So i figured i could file a mini tort claim against her which gives me at least 500 dollars towards repair. NOPE WRONG agian. Thanks to the no fault law again us as motorycyclist don't get all the rights and protection as cage drivers. So everyone all i can say is beware be cautious and good luck if this happens to you.:crying:
 

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ORIGINAL DOOF BABE
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Well, that sucks. Actually, while I lived in MI I got hit by a girl who turned left in front of me in 1998 - did quite a bit of damage to the bike (bent the front forks, triple tree, FRAME, etc, etc.) Ended up having to tear the whole thing down to the frame, get the frame straightened, and put her all back together again.

I believe that motorcycles are considered "recreational vehicles" in Michigan, which complicates things. I had Progressive insurance at that time and they were very cooperative, but honestly I can't remember if I had to pay my deductible or not, even though I wasn't at fault.

I guess I'd try to find an insurance rep or lawyer who is familiar with motorcycle procedures. I had a hard time finding a lawyer who was, but maybe you can get a free consultation from somewhere.

If I think of any other info I'll pass it along.
 

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darrelbarrows said:
Has anyone here had to deal with an insuance comp. after a wreck? This is a frigging nightmare. I was recently rear ended at a stop light by someone. Well ofcouse the damage was less than the deductible (thank god) so i figured her insurance company would cover damages. NOPE, WRONG, according to michigan law motorcycles don't fall under the no fault law but yet we pay no fault prices. So i figured i could file a mini tort claim against her which gives me at least 500 dollars towards repair. NOPE WRONG agian. Thanks to the no fault law again us as motorycyclist don't get all the rights and protection as cage drivers. So everyone all i can say is beware be cautious and good luck if this happens to you.:crying:

Have you seen the Doc to see about your sore back and neck? Get your
money that way.%[email protected]
 

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darrelbarrows said:
Has anyone here had to deal with an insuance comp. after a wreck? This is a frigging nightmare. I was recently rear ended at a stop light by someone. Well ofcouse the damage was less than the deductible (thank god) so i figured her insurance company would cover damages. NOPE, WRONG, according to michigan law motorcycles don't fall under the no fault law but yet we pay no fault prices. So i figured i could file a mini tort claim against her which gives me at least 500 dollars towards repair. NOPE WRONG agian. Thanks to the no fault law again us as motorycyclist don't get all the rights and protection as cage drivers. So everyone all i can say is beware be cautious and good luck if this happens to you.:crying:
You are right I ran into the same thing, Motorcycles don't fall under the no fault law of Michigan. They fall under some sort of Tort law, so you are responsible for your own deductible. I agree THIS SUCKS. I was told I could take the other person to small claims court to try to collect, ;but I got lucky and the at fault person felt so bad they paid me the cost of my $250 deductible. I got lucky.
I will say I have Progressive Ins. and they treated me great, no hassles and paid promptly to get the bike fixed. I haven't got my renewal notice yet to see if my rates went up, but since police report clearly stated the other driver was at fault they shouldn't, but we will see shortly.
 

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Incredible
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That does suck. The person should have to pay for the damages. Since it was less than deductible (there for not a deductible) then she does owe. It is not a deductible you are paying. You are charging for the parts.
 

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The Anti-RUB
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A lawyer won't touch the case unless there is a significant amount of money for him to make. When the case is only for $500, there is no benifit to them. So your on your own. First contact the girl and tell her that she owes you the money. Also tell her that if she doesn't pay you will take her to court for it (that is not a threat or extortion or whatever, its completly legal) in which case the cost to her will increase (she pays court costs etc). Give her a chance to pay that way. If she doesn't, then take her to court. Its surprisingly easy actually. There are a ton of web sites setup on what proceedures to take etc. Check your states juditial web site, or google. All you have to do is fill out a couple forms, get a buddy to serve her with the papers (he just has to hand them to her), and poof your done (other then showing up to court). The rest is on her. If she doesn't show to court, you automatically win. Yup, thats the law. If she doesn't pay, you legally can take ownership of something she owns (like her car) and sell it to get your money.

I had to do that to a hit/run drunk driver who hit my old bike two years ago. He was caught and arrested so that how I got ahold of him. Anyway, he didn't have insurance and I didn't have collision on my bike at the time... so I was SOL with the insurance companies. Took him to court, cost me $50 total which I tacked onto the total he owed, and won. Wasn't hard considering I had the police report (stating he did it and he was drunk) as well as two damage estimates ($5000 of damage). Now he's making payments to me... :-D If he misses one payment, I'm taking his car (a 98 BMW) and selling it to make up the difference. Yup, its all legal...
 

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darrelbarrows said:
Good idea but, so wrong. This is one of many reason's we all pay so much for insurance, plus my concious wouldn't allow it.
naa... the reason we pay so much in MI is because of a very strong insurance lobby that has been ratcheting up the cost over the last 30+ years beginning with the passage of the no-fault law. The inscos fund an association that that oversee issues and helps write the law. Nothing new there, but the degree to which the inscos have been allowed to rake the public over the coals might set new records in collusion.
 

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ORIGINAL DOOF BABE
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Ya know, I remember now that I DID have to pay my deductible even though I wasn't at fault. I remember because I wrote a letter to the girl who hit me asking her to pay my deductible. She didn't, but I ended up getting $33,000 out of her insurance company after I had to have surgery on my shoulder, then my elbow because of the accident.

Hiring a lawyer and suing someone really sucks - it took SO much time and effort and stress. If it hadn't been for the fact that I found out I was going to have to have another round of surgery on my shoulder and elbow, I may not have gotten anything. Her lawyers were trying to get the charges dismissed somehow and apparently had a decent shot at doing it.

I'd ask the person at fault to pay the deductible and if they don't, find out as mentioned earlier if you can take her to court yourself for not too much money.

Good luck!
 

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FXDRYDR said:
naa... the reason we pay so much in MI is because of a very strong insurance lobby that has been ratcheting up the cost over the last 30+ years beginning with the passage of the no-fault law. The inscos fund an association that that oversee issues and helps write the law. Nothing new there, but the degree to which the inscos have been allowed to rake the public over the coals might set new records in collusion.
Naaaaaa, the reason everybody everywhere pays so much is partly because of the insurance companies and partly because of people sueing and getting huge settlements. It is called greed and excess, there's too much of both.
 

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Discussion Starter · #12 ·
petrock said:
A lawyer won't touch the case unless there is a significant amount of money for him to make. When the case is only for $500, there is no benifit to them. So your on your own. First contact the girl and tell her that she owes you the money. Also tell her that if she doesn't pay you will take her to court for it (that is not a threat or extortion or whatever, its completly legal) in which case the cost to her will increase (she pays court costs etc). Give her a chance to pay that way. If she doesn't, then take her to court. Its surprisingly easy actually. There are a ton of web sites setup on what proceedures to take etc. Check your states juditial web site, or google. All you have to do is fill out a couple forms, get a buddy to serve her with the papers (he just has to hand them to her), and poof your done (other then showing up to court). The rest is on her. If she doesn't show to court, you automatically win. Yup, thats the law. If she doesn't pay, you legally can take ownership of something she owns (like her car) and sell it to get your money.

I had to do that to a hit/run drunk driver who hit my old bike two years ago. He was caught and arrested so that how I got ahold of him. Anyway, he didn't have insurance and I didn't have collision on my bike at the time... so I was SOL with the insurance companies. Took him to court, cost me $50 total which I tacked onto the total he owed, and won. Wasn't hard considering I had the police report (stating he did it and he was drunk) as well as two damage estimates ($5000 of damage). Now he's making payments to me... :-D If he misses one payment, I'm taking his car (a 98 BMW) and selling it to make up the difference. Yup, its all legal...
The way the michigan no fault rules work is that she is protected from me suing her. I have talked to two lawyers who only deal with motorcycle cases and they both said the same thing about the no fault law. If i was hurt they would have paid for every expense but the bike. Under the miochigan no fault rule motorcycles are considered as a sort of recreational vehicle and don't have the rights as automobiles do. Trust me i would love nothing more than to drag her A** to court but in the end it will just end up costing me more in time off work and court cost then to fix the bike. Im a firm beliver in what goes aroud comes around and one day she is going to be bit in her dimplly saggy A**, or maybe i will have to get all my biker freinds togeather and go vist there neigbor hood.
 
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