Legal Question in Personal Injury in Michigan

I was in a car accident on February 3rd, 2011. A snow plow backed out of a driveway as I was driving past and ran into my passenger side. Both passenger side doors needed to be replaced and I have been without my car since- it is now February 22nd. I do not have rental car reimbursement through my car insurance. Two days after the accident, I contacted the responsible driver to confirm insurance arrangements to get a mini tort claim filed to cover my deductible. During this phone call I told him that I am paying for a rental car out of my pocket, and he said he would help me with the cost. He said to call him in a couple days to arrange something. When I called him back, he said he would call me in a couple days once he "got the money together." My question is this: Is rental car reimbursement something I can take the responsible driver to small claims court over? What should I do?


Asked on 2/22/11, 7:46 pm

2 Answers from Attorneys
Andrew Myers Law Offices of Andrew D. Myers

The snow plow operator's insurance company should cover this. Usually they will never pay beyond 30 days. And there is a limit on the amount they will pay per day. But, if there is an outright refusal to pay by the plow driver and/or his insurance company, do not hesitate to take the plow driver to small claims court.

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Answered on 2/23/11, 3:49 am
Caridad Cardinale Pastor & Associates, P.C.

You can try to include the car rental in your mini tort claim if his insurance won't cover it But first you need to send your receipts and request for payment to the other driver and have him submit it to his insurance company. You can also try submitting the request for pyament ot his insruance company yourself. If you have any more questions, please contact us at (248) 619-0065

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Answered on 2/23/11, 3:20 pm


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