There are times in Michigan in which a driver can be sued for more than $500 which is the mini-tort amount allowed by MI No-Fault law.
According to a Consumer Information Sheet on the Mini-Tort law of MI, that the insurance regulator for Michigan has on their site, under MI no-fault auto insurance, a driver can only be sued under certain circumstances, such as:
- If he or she causes an accident in which someone is killed or seriously injured, or
- If he or she is involved in an accident in Michigan with a non-resident who is an occupant of a motor vehicle not registered in Michigan, or
- If he or she is involved in an accident in another state where lawsuits are permitted.
From this information it looks as if your son was driving a vehicle not registered in Michigan there may be a chance that he could sue for damages, however a lawyer more familiar with MI laws of this nature would be able to tell you more about MI laws and if your son can sue or not in his particular situation.
The $500 mini-tort amount that the United States Postal Services (USPS) insurance company may be all that your son may be able to receive though, again it depends upon the specifics of his particular situation (where the car he was driving was registered, fault assigned, etc).
The limited Property Damage Liability, or mini-tort, provision of the no-fault law creates a situation in which a driver can sue or be sued. Under mini-tort, if you are 50% or more at fault in an accident, and damages to the other driver’s car are not completely covered by his or her insurance, you may be sued and may have to pay up to $500 in damages. This also means that you may sue the other driver for damages to your car which are not covered by your insurance if the other driver is 50% or more at fault.
The Michigan Office of Financial and Insurance Regulation, the insurance regulator for the state, should be able to give you and your son consumer advice on his situation and advise him if he can sue the at-fault party for more than the $500 mini-tort amount or not.
It may also be helpful if you read through the Insurance Code of Michigan to see if you can spot information on the situation your son has with the US Postal truck.
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