Anyone ever make a Mini-tort claim to cover deductible?

Siegel1719

Siegel1719

Club Member
Just got rear ended by a guy who was likely high as a kite(Didn't stick around for the sobriety test). I have the police report number and will be getting a copy of it later this week. Has anyone ever went after another drivers insurance to get there deductible taken care of? It looks like I need to send the police report, my declarations page and a request to have the deductible paid under mini-tort to his insurance company. Is this correct?

Thanks
Jeremy
 
I have done it 3 times successfully, but it has been many years
since the last time. I believe you also have to show 2 more items;

1) That your insurance doesn’t cover the loss (damage) “completely”, ie., not a 100% (think deductible).
2) A collision repair shop estimate of repairs.

In the past it was a little work, but well worth the trouble for the payment.
Please post your results for us, I’d like to know how its working today.
 
I just had a situation in May. Called his insurance company gave them police report info. Couple days later they issued a check. This was with AAA. Call them directly.
 
Did this about 2 years ago. Wife got rear ended but nothing major. We called our insurance agent and then our insurance agency did all the legwork for mini-tort $1000 claim. We gave the police report # to our agent. I had to get a written estimate of the damage proving the damage was more than $1,000. If I remember right, their insurance company didn't wanna pay up so it took like 3 weeks.
 
As much as I don't want to admit this, but I was just in my first at fault accident in my life a week or so ago. My insurance told me the lady I hit can NOT come after me in court for a mini Tory to recoup her insurance deductible. I carry full coverage and the lady I hit also had full coverage. I was told she will have to pay her own deductible and my insurance will reimburse her. My wife was hit about 6 months ago and the how it played out also. Was not my wife's fault and other person was ticketed. We payed our deductible and were reimbursed in a few weeks.
 
I believe that if you do not have a deductible or whatever it is when the deductible is waived if you are not at fault, then mini-tort cannot be applied. I also think that if you do have a deductible and attempt to get the mini tort, they can not pay and it has to go to small claims court. But I could be wrong. It's been a couple years since I've dealt with it.
 
Did some more research. Looks like as long as both drivers have insurance it is not an issue and you can claim your loss(Deductible or damage which ever is LESS) up to $1000 against the at fault drivers insurance. If the driver does not have insurance you are SOL and have to hope the driver at fault pays or take them to small claims court and hope they have some type of income to garnish.
 
Siegel1719 said:
If the driver does not have insurance you are SOL and have to hope the driver at fault pays or take them to small claims court and hope they have some type of income to garnish.
Click to expand...

If the driver doesn't have insurance, you are pretty much SOL...If they don't have insurance, chances are they're not going to pay...
 
Siegel1719 said:
Did some more research. Looks like as long as both drivers have insurance it is not an issue and you can claim your loss(Deductible or damage which ever is LESS) up to $1000 against the at fault drivers insurance. If the driver does not have insurance you are SOL and have to hope the driver at fault pays or take them to small claims court and hope they have some type of income to garnish.
Click to expand...


We all pay a fee called "uninsured motorists" as part of
our Michigan mandatory auto insurance.

I'm not sure if that cost/damage is covered however.
 
I got rear ended in the spring. My insurance company wouldn't help with the process unless I was making a claim with them too. It was in a car I had PLPD only on so that wasn't even an option. Once I actually figured out who to talk to with the driver's insurance it was super easy. It took me two weeks to get ahold of someone that could help though. Dude was a manager at GM driving a company car and the insurance was administered by some branch of AIG. I honestly had a list of like 15 numbers I had called with each person giving me a different number to call next before finally ending up in a circle and luckily getting someone that knew what was going on eventually.

Once I talked to the right person it was just declaration page, estimate, and police report and they paid it pretty quick. The $1016 estimate was awesome, LOL.
 
camaromann said:
As much as I don't want to admit this, but I was just in my first at fault accident in my life a week or so ago. My insurance told me the lady I hit can NOT come after me in court for a mini Tory to recoup her insurance deductible. I carry full coverage and the lady I hit also had full coverage. I was told she will have to pay her own deductible and my insurance will reimburse her. My wife was hit about 6 months ago and the how it played out also. Was not my wife's fault and other person was ticketed. We payed our deductible and were reimbursed in a few weeks.
Click to expand...

this is untrue. the only way you cannot go after the other person insurance for it would be if you have broad form collision which would mean you have no deductible. typically for time sake when you get your car fixed you front the deductible and then get it on the back end from the other company which is what happened to you when your wife was not at fault.. but the person can 100% go after you for mini tort when you were at fault if they have anything other than broadform collision. so plpd, plpd + comp or regular and limited collision

CruisnCobra said:
I believe that if you do not have a deductible or whatever it is when the deductible is waived if you are not at fault, then mini-tort cannot be applied. I also think that if you do have a deductible and attempt to get the mini tort, they can not pay and it has to go to small claims court. But I could be wrong. It's been a couple years since I've dealt with it.
Click to expand...

correct. if the people do not want to pay it themselves or do not want their insurance to pay then you have to take it to small claims court. which stinks bc you have to take time off work. but 99.9% of the time you will win no contest

Siegel1719 said:
Did some more research. Looks like as long as both drivers have insurance it is not an issue and you can claim your loss(Deductible or damage which ever is LESS) up to $1000 against the at fault drivers insurance. If the driver does not have insurance you are SOL and have to hope the driver at fault pays or take them to small claims court and hope they have some type of income to garnish.
Click to expand...

correct

sofa king said:
If the driver doesn't have insurance, you are pretty much SOL...If they don't have insurance, chances are they're not going to pay...
Click to expand...

correct

4Gas$ said:
We all pay a fee called "uninsured motorists" as part of
our Michigan mandatory auto insurance.

I'm not sure if that cost/damage is covered however.
Click to expand...

this would not come from the un/underinsured coverage

4 cam tbird said:
I got rear ended in the spring. My insurance company wouldn't help with the process unless I was making a claim with them too. It was in a car I had PLPD only on so that wasn't even an option. Once I actually figured out who to talk to with the driver's insurance it was super easy. It took me two weeks to get ahold of someone that could help though. Dude was a manager at GM driving a company car and the insurance was administered by some branch of AIG. I honestly had a list of like 15 numbers I had called with each person giving me a different number to call next before finally ending up in a circle and luckily getting someone that knew what was going on eventually.

Once I talked to the right person it was just declaration page, estimate, and police report and they paid it pretty quick. The $1016 estimate was awesome, LOL.
Click to expand...

unfortunately this is the cause of a very un helpful insurance agent. i will always try and help my clients out with the mini tort if they would like or at least help guide them the best way of handling it and who to call.
 
4Gas$ said:
We all pay a fee called "uninsured motorists" as part of
our Michigan mandatory auto insurance.

I'm not sure if that cost/damage is covered however.
Click to expand...

UM/UIM coverage is NOT mandatory. Its a great idea but not mandatory
 
kammi10 said:
unfortunately this is the cause of a very un helpful insurance agent. i will always try and help my clients out with the mini tort if they would like or at least help guide them the best way of handling it and who to call.
Click to expand...

I say they wouldn't help but that wasn't necessarily accurate. They did make an attempt to help. They gave me one of the 15 numbers I had already called. My big problem was just the mess of companies that are controlled by AIG and the fact that I didn't know the guy that hit me was driving a GM owned vehicle. If I had known that to start with I think thigns would have gone more smoothly.
 
kammi10 said:
this is untrue. the only way you cannot go after the other person insurance for it would be if you have broad form collision which would mean you have no deductible. typically for time sake when you get your car fixed you front the deductible and then get it on the back end from the other company which is what happened to you when your wife was not at fault.. but the person can 100% go after you for mini tort when you were at fault if they have anything other than broadform collision. so plpd, plpd + comp or regular and limited collision

LAME! If I call my insurance will they know what exactly she has? Or can they find out so I can be prepared in case I need to pull money out of the bank? She told me she had full coverage and I know AAA came to pick up her car. Or I should say AAA sent a tow truck. I didn't even get a ticket from the cops which was awesome.
Click to expand...
 
^^^^ FYI, getting a ticket does not necessarily equate "fault".

On the police accident report is a "hazard number" for both drivers.
The driver with the higher number is the "at fault".

At least that has been the formula for many years.
 
Oh I was definitely at fault. I told the cops that as well as my insurance company I was at fault. No sense in arguing when you T-bone someone.
 
4Gas$ said:
^^^^ FYI, getting a ticket does not necessarily equate "fault".

On the police accident report is a "hazard number" for both drivers.
The driver with the higher number is the "at fault".

At least that has been the formula for many years.
Click to expand...

correct. it all matters on who is given the hazardous action. in which im 100% sure you got it. lol

dline said:
Its no fault my fault state lol
Click to expand...

yeah thats the same as all of us. no fault simply states that your insurance covers your vehicles damage and not the other persons too.
 
You must log in or register to reply here.
Back
Top