Legal Question in Personal Injury in Michigan

Mini tort reject

i was in a car accident 1 month ago and the other person was at fault. me and a witness saw her run the red light but she says different. aaa wont grant me a mini tort. is it worth small claims court?


Asked on 9/04/01, 2:00 pm

3 Answers from Attorneys

Re: Mini tort reject

To Whom It May Concern:

This is in response to your email of September 4, 2001, which this office received on October 24, 2001.

If the other person was at fault in the accident and was issued a citation by the appropriate police department, it may be worth your time to file a small claims action with the court. You will have to file a complaint and pay a filing fee to begin your action. You will then serve the other person with the complaint and later you will appear before a judge or magistrate to prove your case. At that time, you should have your witness available or if that is not possible and Affidavit or a statement from your witness and the police report. If you are successful you will be issued a judgment. You can attempt to collect the judgment by mailing it to the other party and request full payment of the amount specified in the judgment.

Please keep in mind that the other party may refuse to honor the judgment, your only option would be to enforce the judgment using various court procedures. However, the expense and time involved in doing this may not be worth the value of your judgment.

Sincerely,

Michael D. Eberth

[email protected]

(313) 561-5700

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Answered on 10/26/01, 10:14 am
William Stern William Stern, P.C.

Re: Mini tort reject

Absolutely. Otherwise, when you pay your premiums downt he road, AAA will hold the accident against you. They will use any excuse to raise your rates.

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Answered on 10/24/01, 7:07 pm
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Mini tort reject

Most insurance companies rubber stamp denials of cliams. It is very difficult to get what you deserve without legal representation. Please contact me for a more in-depth discussion. Best of luck!

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Answered on 10/25/01, 11:18 pm


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