LANSING, Mich. (WLNS) — Last week , local attorney Bryan Waldman explained the importance of collision insurance, and what you should expect after a car crash.
On this week’s edition of Legal Edge, Waldman goes over advice for people who do not have coverage for collision incidents.
During our last segment, we talked about the claims that are available to someone when their vehicle or car has been damaged in the crash and they’ve purchased this optional coverage that we have in Michigan called “collision coverage.” But what happens if a person doesn’t have collision coverage? Do they have the right to bring claims?
They do. They sell the right to bring a claim that’s commonly referred to as a mini-tort claim. It’s a claim for property damage that a person is allowed to bring — as long as is they’re not the one who’s primarily responsible or primarily at fault for the crash.
In order to bring them a mini-tort claim, you must have the requisite coverage to be legal on the road. So, if you’re driving illegally with those coverages, you don’t have collision coverage, you get in a crash, your car is damaged
The other person’s primarily the one who caused the crash, Totally caused the crash. You get to bring that mini-tort claim. It’s a claim for damages up to $3,000. So $5,000 to repair the car, you’re still going to be out of pocket $2,000. But that’s the risk you took when when you opted not to buy collision coverage. And fortunately, you can minimize your losses by bringing that mini-tort claim for the $3,000.
Now, another concept that applies to these mini-tort claims is something called “Comparative Negligence.” And that means that your damages will be reduced by the percentage of fault attributable to you because of the of your actions in the crash.
Say two people are in a parking lot and they’re both backing up at CV able to recoup some money. You won’t be barred as long as you’re not more than 50% at-fault. And you can still recoup some of your out of pocket expenses, even though you don’t have collision insurance.