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Our insured hit an uninsured driver in Michigan causing minor damages. Do we owe him damages up to the mini tort limit of $500.00 or can we deny all payments based on them not having insurance in Michigan?

The state of Michigan's insurance regulator notes that under Michigan law, if you are fifty percent (50%) or more at fault in an accident, you can be sued for up to $500 in damages to another person’s car that are not covered by collision insurance. Since the other party was completely uninsured they obviously did not have collision coverage.

On the other hand, they also state that if you are uninsured you may be held liable for all damages that result from an accident while uninsured, including your own. But this is likely meant for an uninsured driver that was at fault in an accident.

Since their language is unclear on the issue, to find out if an uninsured motorist not at-fault in an accident can collect the $500 from mini-tort I would suggest contacting directly the Office of Financial and Insurance Services (OFIS) toll free (877) 999-6442. This division is the insurance regulatory body for Michigan.

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Question Details
This car insurance answer was last updated 2:28 PM Feb-05.
This claims question was asked 7:55 AM Jan-30-2007.
Julian B requested this car insurance help from CarInsurance.com experts.
Rated 10 out of 10 based on 1 vote.
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